The Sun.
London, England, 1849-11-01 00:00:00

THE SUN, LONDON,

FRANCE. respecting the Cabinet, and a further delay was again
appeeliendA from the rumour that, under present
I'Ve find the following in the Assembles Nationale :
circumstances, Mr. Van Golstein also had declined
—" According to dispatches brought by the Tuner V.e,
K
ossuth and the other Hungarian chiefs are auth
the capital and returned to Zwolli.
England is opposed to the departure of the refugees, It is the general opinion that in this unheard-of
and that a mistraderstanding has arisen between state of things it is the duty of the Second Chamber
tha Ambassadors of England and France ; Sir to meet. The Staats Courant announces the arrival
S. Canning even, it is said, has demanded to of the overland Netherlands mail; the news from
be replaced in case France should refuse to Java reaches to the 25th of August. A grand popu-
recall General Aupick, or at least his first secre- lar festival given at Java on the Ist, and a splendid
tart', M. de Gabriac, bye, whose influence the de- ball, at the Government House, a few days after, in
Future of the refugees has been decided on. The honour of the success of the expedition to Balls, gave
Ambassador of France, a prudent and temperate man, very general satisfaction.
thinks it necessary that the Porte should expel from
its territory the refugees, and should take them to a
point fixed on. (The Ottoman Ambassador at Paris
declares that his master would talce them to the moon,
if necessary, to come to an end of the matter.) The
English Ambassador, whose interest it is to em-
broil the matter, insists that the Porte should keep
them on the Turkish territory. It is said that
Great Britain wants a war at any price, and that she
wants to render us accomplices in her warlike de-
termination."
We give the above as a specimen of the "enormous
lying" which the parti pretre habitually indulge
whenever they can injure the cause of liberty and
pro,-

I IF
DREADFUL DISASTER IN
ALGERIA.
A letter from Philippeville of the 20th gives an ac-
count of a dreadful disaster which has just occurred, in
the neighbourhood of that town. On Sunday the 14th,
after nearly six months continued drought, a sirocco
wind commenced with greater violence than had ever
been remembered. Such of the inhabitants who had
long resided in Algeria soon began to feel apprehensive
of danger, for they were aware that the Arabs never
failed to take advantage of the wind to effect a clear-
ance of their ground, both in the plains and on the
mountains, by setting fire to the thistles and brambles
with which it had become overrun. Their fears were,
alas ! too soon realised, for in a short time after the
sky to the south of the town became illuminated, and
clouds of smoke, mingled with sparks of fire, were seen
approaching the town. The whole country, from the
mountains of Oued Zeranna to the nursery ground,
a space of three square leagues, appeared like
one immense furnace, the flames of it advancing
towards the gardens and the depots of forage,
almost beneath the walls of the town, destroy-
ing
everything in its way. All the farms in the
neighbourhood were rapidly reduced to ashes,
and the flames soon after crossed the walls, and
commenced their ravages in the gardens within
them. The flames burst out in twenty different
places at once. The inhabitants of the
.town and
the troops used every exertion ; the engines were
taken by very great efforts to the upper gardens,
and a chain formed to convey water, in which
many women joined with the most devoted courage.
Others taking their children in their arms rushed
towards the sea as their last means of escape.
Showers of burning sands were hurled through
the air, sometimes even hiding the flames themselves.
Great fears were at one time felt that the whole town
and the Fort d'Orleans would be destroyed, but
fortunately the wind veered, and carried the flames
in another direction. Property to a very large amount
has been destroyed. All the produce of the late harvest
has been swept off. All the meadows of the Govern-
ment, and those of M. F. Barrot, some with the crops
cut, and others standing, have been entirely destroyed.
The banks of the old Roman canal, which were
covered with olive trees, vines, and mulberry-trees,
are now bare. All the plantations which ornamented
our roads, all the luxuriant gardens have nothing now
left but the blackened soil. The farms of M. de
Gourzas, M. Piglia, M. Legeay, and others have
been all destroyed, and had it not been for the change
of the wind the town of Philippeville and a number of
other farms would have been destroyed ; as it is the
oss is immense.

Tess.

AUSTRIA AND HUNGARY.
'We learn from the German papers that three fresh
executions toJk place at Pesth on the 24th inst.
Baron Siegmund Perenyi and Messrs. Szacsvay and
Csernus were on that day hanged on the Holzplatz
of Pesth. Baron Perenyi was second President of
the Hungarian Upper House (before March, 1848),
and a Judge of the High Court of Justice. Through-
out the revolution he was on the side of M. Kossuth
and his party. He followed the Hungarian Parlia-
ment from Pesth to iizegediq, and from Szegedin to
Pesth ; and in June last he was appointed to the office
of a Judex Curiae. Baron Perenyi was a good law-
yer, and an excellent speaker. His condemnation
and death by the hands of the common hangman
have caused a deep and painful sensation in Hungary.
M. Csernus was a sheriff, and M. Szscsvay acted as
clerk to the Lower House of the Hungarian Parlia-
ment. It was he who drew up the Declaration of
Independence of the Hungarian nation. The Vienna
paper, Lloyd, states that fifteen other executions are
expected to take place, and that the Cabinet intend to
prolong the state of siege in Hungary for the term
of three years. " All plans of organization," adds
the Lloyd, " are in vain, in the face of these deeds of
blood; and the worst is, that the Ministers are aware
of it."
The Kolner Zeitung makes the following remarks
on the subject of these plans of organization :
" The provisional organization of the Hungarian
Administration," says that paper, " is now published
and ratified by the Emperor. The Ministers who
have signed the document state in the preamble that
the Emperor, from the point of view of national law,
was perfectly justified in enforcing the principles of
the Austrian constitution in Hungary. The Austrian
Ministers ought to have given us some further light
on their point of view of national law. The force
of arms is not, we trust, national law, and least
of all when engaged in quelling an insurection in
tha country it desires to justify its own rebellion
by the rebellion which it sought to quell. But the
Austrian Ministers protest that the former Hunga-
ri m constitution has been annihilated by the rebel
lioa,' and these few words are the best key to Austria's
sense of national law. Hungary, by the free resolu-
tion of her representatives, conferred her hereditary
Crown to the house of Hapsburg, and throughout 300
years the Kings of that family have sworn to the
Hungarian constitution ; they have signed their ad-
hesion to it, publicly and solemnly, and in the face of
all the world; but it seems that confirmations by
oath, documents, and declarations are to be swept
away by a rebellion, of which the origin, course, and
end might for the most part be sought and found in
no less a distinguished place than the Cabinet of the
Emperor and King."

THE PARRICIDE AT CHISWICK

HAMMERSMITH POLICE COURT.

Henry Bathurst Monkhouse, the unfortunate young
sailor, who is charged with intending to murder his
father by firing a pistol at him, was brought up again
yesterday before Mr. Beadon, the magistrate of the
district. He bore the same sullen and dogged ap-
pearance that was remarkable in him on the last day
he was brought up, and appeared scarcely to notice
the magistrate or any one in court. Upon the
prisoner being placed at the bar,
The MAGISTRATE inquired whether the elder Mr.
Monkhouse was able to attend ?
Mr. Inspector Jacks having been sworn, stated
that he had received that morning the following cer-
tificate, which he handed up to the magistrate, from
the medical gentlemen who attended Mr. Munk-
house, sen. :
" We hereby certify that Mr. Monkhouse continues
in a weak and nervous state, which renders it advis-
able that he should remain quiet at least another week.
(Signed) "J. BOWLING,
"G. HALFORD, Surgeons.

" Hammersmith, Oct. 31, 1849." -
Mr. BEADON, after reading the certificate, ordered
the prisoner to be remanded to Tuesday next, when
he stated the depositions of Mr. Monkhouse, sen.,
would be taken if he was able to attend.
The prisoner was then removed from the bar, and
conveyed in the police-van back to prison. Confine-
ment does not seem to have at all affected his health,
and his face still presents the same brown and ruddy
appearance that it did on the first day that he was
brought up to the court to answer the awful charge
I against him.

- LAW INTELLIGENCE.
COURT OF BANKRUPTCY, Oct. M.
Mr. Commissioucr Evans sat, but no case of any
interest was diposed of.
There was a certificate meeting in the matter of
James Davis, of Bisterne Close, Ringwood, South-
ampton.
Mr. iiiileary supported.
was a chemist and oatmeal manufacturer.
The Davis_COMMISSIONER said the bankrupt had traded
imprudently. There were debts to the amount of
1,000/. and not a shilling for the creditors. To such
a bankrupt, although unopposed, he could only award
a certificate of the third class.

CENTRAL CRIMINAL COURT.
OLD COURT.
(Before the RECORDER.)
Richaql Motley Smith, 25, described as a sailor,
Thomas Lawes 49, broker, and Charles Frazer, 50,
agent, were indicted, jointly, for unlawfully conspiring
together to obtain 71. 103. from Francis Cuthbertson,
by false pretences ; and in a separate count the de-
fendant Smith was charged with unlawfully obtaining
the money by false pretences.
Mr. M‘Mahon conducted the prosecution, which
was instituted by the Bankers' prosecuting Associa-
tion. 'The defendants were represented by Mr. Bal.
!entitle and Mr. Cockle.
Mr. Cuthbertson deposed that he was a bootmaker,
carrying on business in Aldersgate.street, and on the
28th of August, in consequence of a message he
received, he went to the Clarence flutel in that street,
and there saw the prisoner Smith, whom he had
known as Captain Smith. He produced a cheque
drawn upon the Commercial Bank of London for 71.
103 , and asked him to cash it, at the same time stating
that the landlord of the hotel would have done it for
him, but he was out of town, and, as it was crossed,
it must go through a banker's. He looked at the
cheque, but did not observe at the time that it was
post-dated to Sept. 4; and seeing that it was drawn
in favour of a person named Collins, whom he knew,
he did not suspect anything wrong, and gave the
amount of the cheque to the prisoner Smith. The
cheque purported to be drawn by the defendant
Frazer, as keeping an account at the Gravesend Bank
upon the Commercial Bank of London, but when it was
presented it was found that there were no effects. He
saw Smith once or twice after the transaction, and he
at first told him that Frazer had been attacked with
cholera, and afterwards said that he had died of the
disease. Smith subsequently told him that he had got
the che'que from Mr. Lewes, a solicitor in Moorgate-
street, and he went there and saw the defendant
Thomis Lawes ; and on his informing him what had
happened with regard to the cheque, he said that Mr.
Frazer had a rich brother at Gravesend, and that the
cheque would be paid.
By Mr. BALLANTINE—He knew the person in
whose favour the cheque was drawn to be the son of a
grazier of great respectability and wealth, and seeing
his name upon the cheque undoubtedly gave him
greater, confidence. Collins was present when he
gave the money ; and Smith, immediately he took it
up, said to him, " Here, take the half; you know
we always halve the money when we get it." This
opened his eyes a little to the nature of the transac-
tion, but the money was gone. He bad heard that
Smith's family was very respectable, and that he had
spent a large property of his own. His father was
dead. He was not aware that he was a magistrate
for any county.
James Beckwith, a clerk in the Gravesend bank,
proved that no such person as Charles Frazer kept an
account with that bank.
Mr. A. G. Hall, a clerk in the Commercial Bank
of London, deposed that the prisoner Lewes formerly
had an account with them.
Some pipers found in the possession of the pri.
soners Lanes and Frazer were then put in. Two of
them were of a very singular character. They were
to the following effect:—
"Received of Mr. Thomas Lawes one shilling on
account, for drawing two chE ques, leaving one shilling
still due by that gentleman on account of my commis-
sion. " CHARLES FRAZER."

The other was—
" Received of Mr. Thomas Lawes the balance o
one shilling due to me. CHARLES FRAZER."
The RECORDER—What, am I to understand tha
you impute to the defendant Frazer that he was paid
ls. for drawing each of these false cheques ? Mr.
APMauoN—Yes, my Lord.
Some evidence was then adduced to show that the
cheque in question had been taken from the cheque-
book given to the prisoner Lawes when be opened
his account with the Commercial Bank, and also that
the body of the cheque was written by him. It was
likewise attempted to be shown that the signature to
the cheque was that of the prisoner Frazer, but the
evidence was not very clear upon either of the points.
Frederick Collins was then called. He said he was
present when the cheque was given to the prosecutor.
lie was in the room at least. lie did not know the
handwriting of any of the parties to it. He added
that he " believed" he was the person in whose favour
the cheque was drawn.
By Mr. BALLANTINE—The cheque is drawn in
favour of Frederick Collins, and I am Frederick
Collins, but I don't know that the cheque is drawn in
my favour. When the money was put down I took
some and Smith took the rest. I supposed that Smith
got the cheque honourably. When the case went be-
fore the Clerkenwell Police-court the prisoner Lawes
gave me 71. 103. to take up the cheque. I never paid
that money over.
The RECORDER—Why not ? Witness—Because
they told me about the court that now the matter
had come before the magistrate it could not be settled.
By Mr. BALLANTINE—I don't know whether this
money was given me to settle Mr. Cuthbertson's
cheque or Mr. Mills's, which was one of a similar
kind.
Mr. BALLANTINE—WeII, what do you mean to do
with the money ? Witness—l mean to pay it over.
In answer to further questions, he said he had re-
ceived between 201. and 30/. from Lawes, but he de-
clared that the money was for an accommodation-bill
for 301, which Lawes had discounted for him and
Smith.
The RECORDER—Was your name on the other
false cheque that has been referred to ? Witness—
It was.
The RECORDER—Of course you have paid back the
share you received of Mr. Cuthbertson's money ?
Witness (carelessly)—No, indeed, I have not.
The RECORDER—Then you have got the 71. 103.
you received from the prisoner Lewes, and also the
half of the other money, still in your possession ?
Witness—Yes ; that is to say I have spent it; but I
am ready to make it good.
The RECORDER—What did you do with the 71. 10s.
when you received it? Witness—God knows. I
spent it, I suppose.
The RECORDER—Then you employed money for
your own use which was given you for a specific
purpose ? Witness—l did.
In answer to other questions that were then put by
Mr. BALLANTINE, the witness said that he gave
Smith part of the money he received as the produce of
the bill ; and he added that they were " pals," but he
put Smith forward to do the dirty work.
The RECORDER told the witness he thought the
prosecutors had made a great mistake in leaving him
out of the indictment, as he really appeared to be the
worst of the party. They had been very lenient to
him.
Mr. M'MAUON said that this person had been sworn
as a witness before the magistrate, and on that account
they did not consider themselves justified afterwards
in indicting him.
The RECORDER said he had never hardly before seen
such effrontery exhibited in a court of justice.
This man had not only stepped in at the moment, as
the person named in the cheques, to give a colour to
the transaction, but he had actually obtained 11/. of
the 151. for which the two cheques were drawn.
Mr. M'MluoN having intimated that this was the
case for the prosecution,
The RECORDER said that be did not think there
was sufficient legal evidence to connect Lawes and
Frazer with the transaction, so as to support the
charge of conspiracy, and therefore he should not call
upon those prisoners for their defence. The case
must. however, go to the jury upon the count against
Smith for obtaining money by false pretences.
Mr. BALLANTINE accordingly addressed the jury for
that defendant, contending that he had been made
the dupe of the witness Collins, whom he described as
a consummate and unblushing swindler, and he urged
upon the jury that there was very little doubt
that he told the truth when he stated that he had got
Smith to do the dirty work, end that he was himself
in reality the originator of the fraud.
The RECORDER having summed up, the jury ac-
quitted Lawes and Frazer, and convicted Smith.
Mr. BALLANTINE then applied to the Court to
respite the judgment, to give him an opportunity of
showing, by affidavits, that Smith was most respect-
ably connected, and had been possessed of considerable
property. He would not mention the name of his
family publicly, but he had no doubt he should be
able at the next session to put the Court in possession
of such facts as he believed would warrant it in pass-
ing a lenient sentence.
The RECORDER said that the station of the defen-
dant or his family would have no effect with the
Court, but if the Learned Counsel thought he could
lay any facts before them in reference to the case
itself, to show that the defendant was entitled to any
favourable consideration. they would, of course, be
attended to, and he had no objection to respite the
judgment upon this indictment.
The three defendants were then arraigned upon a
second indictment, charging them with defrauding
George Mills by means of a similar false cheque.
The case was clearly made out against the whole
of the defendants. It was proved that Smith sent
the Ostler at the Clarence Hotel to the prosecutor,
who is a coachmaker in Goswell-street, to hire a dog-
cart for three days, and gave him the cheque in