The Sun.
London, England, 1849-04-03 00:00:00

RUSH'S DEFENCE.

Rush then proceeded to address the jury in his de-
fence. He spoke first in a thick voice, but soon re-
gained his usual composure. He implored them to
deal justly with him, and at the outset pro-
claimed his innocence, admitting freely that
from the enmity that existed between him and the
Jermys, it was but natural he should have been
suspected of this horrible crime the most
grave and important charge that they could be called
upon to try. He complained that no communication was
allowed to pass between him and his solicitor, except it
was seen by the governor of the Castle, by order of the
magistrates, which was a gross violation of the confidence
that always existed between an accused person and his
professional adviser. His solicitor had sent a memorial
to Sir George Grey, who had declined to interfere.
He had had many difficulties thrown in his way,
and this was not the least of them. He trusted
that his Lordship would, as far as was consistent with
his position as Judge, assist him in his defence.;
Mr. BARON ROLFE boxed assent.

Rush went on to complain that witnesses had been
examined against him, without either himself or the
reporters being present,, which he considered not only
cruel in the extreme,' but unconstitutional. Thomas
Jermy, the claimant of the Stanfield Hall. estate, had
arranged with him that lie (Rush), with all the strength
he :cuuld muster, should take p )ssession of the hall,
as he had done some years before. He promised
to come to Potash farm to set about this either on the
Saturday or the Monday, at eight o'clock. They spoke
to ether about it by the hay-stuck, in his farm-yard, on
the Friday morning. Ile (Rush) said it was a difficult
thing to do, and that they might expect a resistance.
He (Jermy) said " Nonsense," that it could easily be
accomplished, and there was no fear of soldiers. Jermy
and Lerner then left him, and went to Stanfield-hall.
Ho followed.- them a little way, but returned
to Potash, about eleven o'clock the same morn •
ing. They communicated again with him on the
subject; but he declined to aid them, they having told
him that they could get plenty of help, and that it would
be well to accomplish there purpose in a morning, The
reason he (Rush) was at Potash at that time was in or-
der that he might prevent his son from joining in the
attempt. Some talk was made about its taking place at
night. To, this he strongly objected, saying, "at any
rate don't make up your mind until the morning." He
spoke to a person named "Joe'," on the matter. I shall
be aide clearly to satisfy your Lordship and the jury
that I did not leave Potash farm oa the night of
the murder until eight or half-past eight. I then
went out; at first I thought I would go over to the hall,
but recollecting ivbat I had said, I made up my mind not
to go. I walked towards the fence of the hall, about five
minutes' walk, when I heard the report of a gun or pis-
tol. I then heard another, but not quite so loud. I was
struck with amazement, as I thought if they:intended to
take fire-arms with them that they would only be
used for the purpose of intimidation. I then heard
the alarm bell rung loudly and distinctly. I
hastened back to Potash as quick as I could,
going into the house by the garden gate.
lie had seen the lawyer of the parties twice—once at
Norwich, and once at Potash.—(The statement of the
prisoner was somewhat rambling, and it was not without
difficulty that we were enabled to cull the above.) His
Lordship had said he did not think Howe's evidence im-
portant. He did not think so. His evidence was
brought forward as most important to the
ends of the prosecution. Surely the expres-
sion that "he would serve Mr. Jermy with
an ejectment for another world "—if he was an
honest man—a creditable witness, as he was not—but
just the reverse as several letters he: had received
from perfect strangers showed—(the proof of the use of
such an expression was most important evidence against
him. Howe would swear.anything, and he should show
he was utterly unworthy of belief. Why then was
Jesse 'White called to prove that he wrote
the threatening notices on the copy-book covers ?
He had not any thing like the opportunities of becoming
acquainted with his handwriting that Glasgow had. Why
was he not called? He was too honest, like White, to
swear to what was false. Gentlemen, the happiness of
my dear young children (the prisoner has a large family
living at Felmingham) depends upon the issue of this
trial. God knows lam innocent. I have nothing on my
mind, and I defy the prosecution, notwithstanding all the
skill of the Learned Counsel for the prosecution, to prove-
one atom of important evidence against me, notwith-
standing all the evidence they have called. Gentlemen,
before I have done, I shall show you that I am utterly
innocent of this crime, and I trust God Almighty will
give me strength to support me to the end of this inves-
tigation. As true as he was standing there in that dock,
he should show that his suspicions were well founded.
Fe had not the least fear of the result, and he hoped
God Almighty would give them the means of seeing
the case in its true light, and that he was
innocent. He should give satisfactory reasons why he
went out. In short, he should show them that he knew
no more about the murders than any of them. He did
not at any time shoot much, but it so happened at the
time of the murder ho did shoot a good deaL There
was one important witness, an honest fellow, whom th
dared not call. They had threatened him with th
prison ; but he should call him. The evidence with re--1
spect to the boots was as gross a piece of evidence as
could be produced; he should show it in a different light.
Then, with respect to the straw littered along the soft
soil, it had been there since the harvest, and was the track
the pigs took to the fields. There were some important
questions that he should have liked to have put to Mrs.
Jermy; had she not been so ill, poor thing, he should
have pressed the production of her evidence.
The prisoner here asked the Jude
call again two or three of the witnessest: s s
a he wished to
for the prosecu-
tion, whether he should do so before he proceeded?
Air. Baron ROLFE said he had better finish all he had
to say before he called any witnesses.
The prisoner then read the evidence, of Wati6lVthe-
butler, who spoke to the size•of the Man and the disguise.
That witness war, he believed, an honest man, but he
should show it was erroneous. If they read the second
deposition he had made, they would see his evidence
could not be depended upon. There were some impor-
tant discrepancies. Was it likely, if he had had three
murders weighing upon his mind, that he could have got
up the immense mass of rebutting evidence which he
should produce? If the jury thought that anything ho
should say was incorrect, he begged of them to intimate
so, and he would turn to the depositions which lay before
him. In Watson's first deposition he said the cloak
had a cape; he said nothing about it in the second.

(BY ELECTRIC TELEGRAPH.)
(FROM OUR OWN REPORTER.)
NORWICH, THREE O'CLOCK.
RUSH'S DEFENCE.
The Court assembled at the usual hour.
Howe was recalled, and swore be had not offered to

give evidence on either side for twenty pounds. Had
been in sprees with Rush, and called him " a jolly good

fellow."
Rush proclaimed his innocence, and he should clearly
show it by witnesses. God knew that his heart was free
from guilt, and he prayed he would strengthen him to
prove it, and the jury to be so convinced and to do him
justice, for his own life and the happiness of
his dear young children depended upon the issue.
Jermy, the claimant, Lerner, and a person named
" Joe" had urged him to aid them in getting possession
of the hall. He refused; but advised them not to do it
at night. He then explained his conduct on the night of
the murder. "I did not leave Potash on that night
until eight or half-past eight. I then went out to look
for poachers. At first I thought I would go over to the
hall, but recollecting what I had said, I made up my
mind not to go. I walked towards the fence about five
minutes walk, when I heard plainly the report of a
gun or pistol. Immediately after I heard another, but
not so loud. I was struck with amazement, as I
thought if they intended to take fire-arms they would
only use them for intimidation. I then heard the alarm
bell rung loudly. I hastened back to Potash as quick as
I could, going into the house by the garden gate. It
was impossible the witnesses could recognize the fea-
tures or figure of the murderer, disguised as he was.
I bore no malice in my heart to Mr. Jermy, senior,
though he had tried to ruin me. Much of the evidence
was false, and the prosecution unfairly conducted."
Rush became very violent in his cell this morning, and
vowed vengeance against some of the witnesses. The
reporters were directed to keep their knives out of his
reach, and the spikes of the dock were covered with wood.
The greater part of the defence of the prisoner is irrele-
vant and tedious, hours being spent in the most unim-
portant details, whilst the main ones are but slightly
touched upon.

NORWICH, HALF-PAST Six.

Rush proceeded with his defence—No man could love
a woman more firmly or more truly than he did Emily
Sandford. But she had been made a tool of
for the purposes of this inquiry. Her evidence
was full of incensistencies in many points. She had
committed perjury. He should produce the boots he
wore on the night of the murder. Speaking of
the threat said to nave been used to Howe, he
said he never declared his feelings so strongly as to
Mt. Jermy himself. He had lost his hair and bought
a wig in Norwich. But as it grew again he abandoned
it; but made no secret of its possession. Chestney first
swore that she could not distinguish the man, and subse-
quently that it was him. Could they believe her—
They could not convict a man of murder upon such tes-
timony. It was said the murderer carried his head
aside. Did no other man do so? Stress had been laid
upon the shape of the bullets. It was notorious that
bullets after they were fired lost their original shape.
Considering the darkdess of the night the murder could
not
.have been committed in double the time he was
out, when he was well known to the servants at
Saanfiield :Hallwas it likely he would have gone
there. It was absurd to suppose than Sandford, an
educated person, would have witnessed the deeds.
Still speaking. Will not conclude until late. It is
rumoured that Rush had sent to Potash, to have some
soil cleared away, under which are documents which will
prove his innocence, but I cannot vouch for the facts.
The trial will conclude to-morrow. Rush intends to
call a number of witnesses.

THE LONDON GAZETTE.

(THIS EVENING.)

LORD CHAMBERLAIN'S OFFICE, APRrL 3, 1849.
Notice is hereby given that her Majesty. will hold a Levee
at St. James's Palace,
_on Wednesday the 2d of May next,
at tw• o'clock.

LORD CHAMBERLAIN'S OFFICE, APRIL 3.
Notice is hereby given, that her Majesty will hold Craw-
ing-rooms at St. James's Palace, on the following days, at
two o'clock :—Thursday, 26th of April instant; Saturday,
19th of May next, to celebrate her Majesty's birth-day; and
Thursday, 31st of May next. N.B. The Knights of the
several orders are to appear in their collars, at the Drawing-
room, on the 19th of May next.
BUCKINGHAM PALACE, APRIL 2.
This day had audience of her Majesty his Royal Highness
the Count of Syracuse, on his arrival in England, attended
by the Prince de Castelcicala, Envoy Extraordinary and
Minister Plenipotentiary of his Majesty the King
.of the
Kingdom of the Two Sicilies.

His Royal Highness was introduced by Viscount Palmer-
ston, G.C. 8., her Majesty's Principal Secretary of State for
Foreign Affairs, and conducted by Colonel the Honourable
Sir Edward Cust, K.C.H., Master of the Ceremonies.
FOREIGN-OFFICE, MARCH 30.
The Queen has been pleased to approve of M. Antonio
Januario da Silva, jun., as Consul at the Cape of Good Hope,
for his Majesty the Emperor of Brazil.
DOWNING-STREET, MARCH 31.
The Queen has been graciously pleased to give orders for
the appointment of the Right Honourable Sir George Grey,
Bart., one of her Majesty's Principal Secretaries of State, to
be an Ordinary Member of the Civil Division of the First
Class, or Knights Grand Cross of the Most Honourable
Order of the Bath.

WHITEHALL, APRIL 2.
The Queen has been pleased to appoint Sir James Carnegie,
Bart. to be Lieutenant and Sheriff Principal of the shire of
Kincardine, in the room of Sir Thomas Burnett, Bart , deceased.

;INDIA BOARD, APRIL 3.
The following papers, relating to military operations in
the Punjaub, have been received at the East India House:—
The Secretary to the Government of India with the
Governor-General to Lieutenant• Colonel Sir H. M.
Lawrence, K.C.8., Resident at Lahore.
Camp, Ferozepore, Feb. 13, 1849.
In the general order of the Governor-General, dated the
Ist instant, relating to the surrender of Mon!tan, his Lord-
ship, while thanking Major Edwardes and Lieutenant Lake
for the services rendered by the forces under their com-
mands, purposely omitted the name of General Cortlandt,
wishing to address him as an officer of the Maharaja of La-
hore, through the Resident.

His Lordship now desires that his thanks may be con-
veyed to General Cortlandt for his conduct in connection
with the force under Major Edwardes, and for the gallantry
and firmness which he has evinced throughout all the opera-
tions in the Mooltan district and Derajat.
You are requested to transmit the thanks of the Governor-
General to General Cortlandt, direct to himself.
Return of Casualties in the Operations before Mooltan,

1848-49.
Bengal Division.
Engineer Department, Sappers and Pioneers-16 rank and
file, killed; 7 European officers, 5 havildars, 34 rank and file,
wounded.
Artillery-1 European ccer, 2 havildars, 10 rank and
file, killed; 4 European officers, 3 havildars, 62 rank and file,
wounded.

Ilth Regiment Light Cavalry-6 rank and file, wounded.
7th Regiment Irregular Cavalry-_2 rack and file, killed; 2
native officers; 4 rank and file, wounded.
11th Regiment Irregular Cavalry-1 native officer, 1 ha-
vildar, 6 rank and file, wounded.
_ _

H. M.'s 10th Foot-L1 European officer, 13 rank and file,
killed • 4 European officers, 5 sergeants, 1 drummer, 107 rank
and file, wounded.

H. M.'s 32d Foot-2 European officers, 1 sergeant, 16 rank
and file, killed; 11 European officers, 3 sergeants, 1 drum-
mer,_lo2 rank and file, wounded.

Bth Regiment Native Infantry-1 European office, 3 rank
and file, killed ; 3 European cfficers, 1 native officer, 2 ha-
vildars, 1 drummer, 55 rank and file, wounded.
49th Regiment Native Infantry-1 European officer, 2
havildars, 8 rank and file, killed ; 2 Euro; can officers, 2
havildars, 1 drummer, 56 rank and file, wounded.
51st Regiment Native Infantry-2 havildars, 7 rank and
file, killed ; 1 European officer, 9 havildars, 21 rank and
file, wounded.

52d Regiment Native Infantry-1 European officer, 7
rank and file, killed ; 1 one native officer, 4 havildars, 38
reek and file, wounded.

72d* Regiment Native Infantry-1 native officer killed.
• The other casualties in this regiment are omitted in the
original return, in this place, but appear to be included in the
total.

Total— 7 European officers' 1 native officer, 7 sergeants or
havildars, 108 rank and file, killed ; 36 European officers, 8
native officers, 29 sergeants or havildars, 5 drummers, 537
rank and file wounded.

Bombay Division.
St.aff-1 European officer, wounded.
...rc. lngineer Department, Sappers and Pioneers-12 rank and
,srle, killed ; 2 European officers, I native officer, 2 havildars,
1 'drummer, 52 rank and file, wounded.
...

Artillerv-9 rank and file, killed; 2 European officers, 2
havildars, 25 rand and file, wounded.
H. M.'s 60th Rifles, Ist battalion-1 European officer,
1 sergeant, 9 rank and file, killed; 2 European officers, 1
drummer, 27 rank and file, wounded.

Ist Bombay Fusiliers-16 rank and file, killed; 6 Euro-
pean officers, 6 bavildars, 2 drummers, 78 rank and file,
wounded.
3d Regiment Native Infantry-1 rank and file, killed; 1
European officer, 1 native officer, 2 havildars, 18 rank and
file, wounded.
4th Regimcint Native Infantry, Rifles-1 bavildar, 28 rank
and fit , killed; 1 European officer, 1 native officer, 2 havil-
AU% t drummers, 66 rank and file, wounded.

m
9th Regient IN ative
officers, 2 havildars, 8 rank and
and file, killed; 2 European
file, wounded, —1 European officer, 1 rank
- -"r
• Infantry
19th Regiment Native Infantry-6 rank and file killed; 1
rank and
European officer, 1 native officer, 4 havildars, 37
file, wounded.
Indian Navy—I quartermaster, European officer
iacting master, 3 seanwn wounded.
Total-3 European officers, 3 sergeants or havildars, 82
killed; 1
rank and file, killed ; 19 European officers, 4 native officers,
21 sergeants or havildars, 8 drummers, 314 rank and file,
wounded.
Grand
sergeants or Total-9
havildars, 1 European
rank officers, 1 native officer, 10
90 an fi
pean officers, 12 native officers, 50 sedle, killed; 55 Euro-
rgeants or havildars, 13
drummers, 851 rank and file, wounded.
Killed, '2lO ; wounded, 981.
Total, 1,191 casualties.

Officers' names—Bengal Division.—Rilled.
Artillery—Lieutenant James Thompson, Jan. 21.
10th Foot—Major G. S. Montizambert, Sep. 12, 1848.
32d Foot—Lieutenant• Colonel Pattoun, and Quarter-
master Taylor, Sept. 12, 1848.
Btll Native infantry--Ensign Lloyd, Sept! 12, 18413.