The Sun.
London, England, 1849-04-10 00:00:00

NEW COURT.

(Before Mr. BULLOCK.)
Joseph Rumball, 20, a labourer, who stood remanded
from last session, was indicted for larceny.
Mr. Ballantine prosecuted, and Mr. Parry defended.
The facts of the case were these. The prisoner was
potman in the employ of Mr. Graham, Myddleton Arms,
Islington, near to which house some buildings were
going on, and fur the purpose of facilitating supplies to
the men employed on the works, a number of tin cheques,
representing various values, were given by the prosecu-
tor to the clerk or foreman, to be distributed by him to
the workmen, to be used by them instead of money.
The cheque a in question when received in payment were
locked up in a box in the bar, and again issued as re-
quired. Mr. Graham, suspecting he was robbed, set a
watch, and marked some of the cheques, and on the 12th
February nine of the tin cheques being missed from the
box in the bar immediately after the prisoner had been
there, a policeman was called, and the prisoner being
taken into custody, the marked cheques were found on
him. The prisoner had previously been in the habit of
serving the workmen, and had received cheques in pay-
ment.

—......, •
Mr. PARRY, for the defence, 'said he did not think
there was a case for a jury, and contended that the case
was similar to one tried two sessions ago, when his
Lordship directed the acquittal of two men for stealing
the metal checks from the check-box of the Queen's
Theatre, with intent to return them, and being again
paid their value, defraud the manager.
Mr. BuLLocx said ho recollected the case, but thought
this somewhat differed. It was a very fit one to be
decided by the Court of Appeal; and, after it had gone
to the jury, he would reserve that point if the prisoner
was convicted.

- -
The jury found the prisoner Guilty, and sentence was
deferred.

Caleb Fowkes, a respectable looking young man, sur-
rendered to take his trial for embezzlement.

The prisoner had been carman to Messrs. Dakin, St.
Paul's Church-yard, and the sums laid in the indictment
were 11, 11. ls., and 125., which the prisoner had received
in the course of his avocation, and were entered in his
book as not paid.
The evidence proved that it was probably the result of
a mistake; anji several witnesses giving the prisoner an
excelini character, the jury at once Acquitted him.

POLICE INTELLIGENCE.
MARYLEBONE.

Catherine Burke: a deplorable looking creature, ap-
parently upwards of 60 years of age, and whose eye was
much bruised and swollen, was brought before Mr.
Brougiiton, charged under circumstances of a very dis-
tressing description.
Police-constable 310 S deposed, that on the previous
morning, bctwecn one and two o'clock, he found the pri-
soner, who was wretchedly clad, lying in a ditch in the
Prince of Wales field, ilaverstock-hill, St. Pancras.
lie lifter her up and conveyed her to the workhouse, as
she alleged that she was entirely destitute, but she was
refusewd admission, on the ground that al,' fzaitt...! .yard
as c
it'sedotrG
• WitnessitNTo tiednytoouokmheenrttioont,hewteantiyuao-uhuwue.net.
wiMthrh.el3a
r to the workhouse, that she was in a destitute ,
coudigu? Witness—l did, yworship,
, our

Mr. BROUGHTON (to the prisoner)—flow did you get
that black eye? Prisoner—l can't tell, sir, but I sup-
pose I must have tumbled down.
In answer to the MAGISTRATE, the constable said that
the prisoner was perfectly sober when he met with her
as he had described. _ _

It was further stated that the prisoner was at one
period doing well in the green-grocery business at a
shop in St. James's parish, but her second husband had
given way to excessive drinking, and hence had arisen
the misery which she was now enduring. She was un-
able to say where her husband was to be met with.
Mr. BnouctuToN directed Mitchell, the gaoler, to
supply her with some coffie and bread and butter, for
which act of kindness the poor creature seemed truly
grateful, and she was soon afterwards removed in a cab
to St. Pancras workhouse, accompanied by 310 S, and
Crosswell, one of the warrant officers of this court.
They saw the relieving officer of the establishment, to
whom the whole of what had transp•red in reference to
the case was made known, and the woman was at length
admitted.

Mr. BRoUGHTON observed that she might have met
with her death owing to the refusal in the first instance
to receive her.

SOUTHWARK.

Daniel Donovan and Hugh Powell, two young men,
were brought up, charged with being concerned with two
other men (not in custody) in forcibly violating and
robbing Mrs. Eliza Seal, on the preceding night.
The complainant, whose face was partly concealed by
a handkerchief tied round the upper part, owing to the
injuries she had sustained, said that she was the wire of
a commercial traveller, and lived in Coleman-street, in
the City. On the previous night, in consequence of hav-
ing had a quarrel with her husband, she left home, and,
crossing the bridge, she wandered about Bankside. This
was between seven and eight o'clock, and as she walked
along she was accosted by a man, who carried her against
her will into a stoneyard, and, although she resisted to
the utmost of her power, succeeded in violating her. The
same man afterwards carried her from the stoneyard oA
board a barge in his arms, and having placed her in
the cabin, two other men, who she believed were his
companions, treated her in a similar manner while there.
She had 3s. gI. and a pocket handerchief, which she
missed, and she was afterwards rescued by some person
who came on board after her assailants had left her. She
added that she believed Donovan to be one of the men
concerned in the outrage ; and that she saw the other
prisoner there at the time, and called to him for protec-
tion, but his answer was that he dare not interfere.
In reply to Mr. COTTINGEIM, the complainant said
that when in the stoneyard she was unable to cry out
for help, owing to the frightened state in which she wa,
at the time, but she resisted her assailant, who fell with
her whilst he was carrying her thence to the barge which
lay alongside the quay. When she was attacked by the
other men in tho cabin of the barge she screamed out,
but her assailants escaped before assistance came to her;
she was held down in the cabin while the men committed
the outrage upon her person.
The foreman of the barge stated that he was informed
by a man named liilsby that a woman was lying in the
cabin of the craft, and that when he went on board with
clothesahanel
rda nhteerrr he
consent, disarranged,a /v the complainantiin a
sk asked
ne onr
howthe
she floor,na and
thereher
andwasshe b
thatsehgegd
headobfeehnimcatrnriaedllntwherheeragtaainst
re-
main, saying that she was so ill from the treatment she
had received that she could not get up. The witness
added, that she appeared to him as if she had been drink-
ing, but he could not undertake to assert that as a fact.
She at all events seemed to be frightened and confused,
and he then went to a policeman and mentioned the cir-
cumstance to him, and the complainant was shortly after-
wards assisted from the barge ashore.
A watchman of premises 'near the spot stated, that the
stoneyard mentioned was surrounded by houses, so that
if a person made an alarm it would have been heard by
the people living there. He saw the complainant after
the alleged outrage, and in accounting to him for the
black eye !h e had, she said it was her husband who gave
it to her. Witness heard her describe the circumstances
attending the alleged outrage.
Another witness was examined, who stated that Do-
novan came into the room in a public house, and told
him that there was a woman in the cabin of a barge, and
wanted him to go on board. He did go afterwards, and
saw the complainant, who asked him to send fur half-a-
pint of gin, saying that she wanted some.
The complainant having contradicted the latter asser-
tion, now declared that she was perfectly sober, and that
the condition in which she was found arose from the
nature of the outrage committed on her by her assailants.
Mr. COTTINGIIAM said, that whether the complainant
was under the influence of liquor or not, there was no
doubt a gross outrage had been perpetrated upon her.
With respect to the part taken by the prisoners in the
affair, the complainant had stated, that to the best of her
belief Donovan was one of the men actually engaged in
the outrage, and that his fellow-prisoner stood by, a
silent spectator, when she called upon him for protection
replys
from the hands of her assailants. The offence was of a
most atrocious description, and in order to have the
whole of the circumstances fully investigated he should
remand the prisoners, and in the meantime the police
should use every exertion to discover the other persons
implicated in the charge, and take them also into cus-
tody. The magistrate also directed that the com-
plainant's husband should be apprised of the circum-
stances attending the alleged outrage on his wife, in
order that he might be in attendance at the next exami-
nation to describe the facts with reference to the
alleged disagreement between them, and which she at-
tributed as the cause of her ;quitting :her home :on the
night in question. _ _

The prisoner who declined saving anything at the
present stage of the inquiry, were then remanded.

EASTER VESTRIES.
Yesterday vestries were held in many of the parishes
of the metropolis, for the election of churchwardens and
parish officers. _ _

Sr. PANCRA S .-Mr. Francis Healy was unanimous

---Y
elected as senior churchwarden. Mr. Thomas Smith,
of
Powis place, Haverstock-hill, was proposed by Mr.
Halton; and Mr. Donald Fraser, of Oakley-square, by
Mr. Brettingham, for the office of junior churchwarden.
After a discussion of very considerable warmth, a division
took place, when there appeared for--Mr. Donald Fraser,
44; Mr. Thomas Smith, 42; majority in favour of Mr.
Fraser, 2. The announcement of the numbers was re-
ceived with loud cheers, and the forty directors of the
poor, proposed by Mr. Brettingham, having
u been declared
elected, the meeting broke up.
ST. MARY, WHITECHAPEL. -- Mr. Gorton, senior
churchwarden, in the chair. The whole of the officers
were elected without opposition. Mr. Craven remarked
that there was a report in circulation that some of the
property of the church, which had been in the chest, was
missing. The chairman stated that he understood a
very ancient book was missing, containing the minutes of
meetings of vestry from the earliest period. Mr. Craven
then moved that an inventory of the church property be
made out, and to be handed over by each churchwarden,
upon leaving his office, to his successor. The resolution
was seconded, and agreed to unanimously.
ST. GEORGE IN THE EAST.—Mr. Howell, the vestry
clerk, declared the state of tho poll---Mr. Barrett, 183
Mr. Hall, 161; Mr. Finelley,
•-; Mr. Brading, 58; and
Mr. Hied none. Mr. Liquorish then declared Mr. Bar-
rett and Mr. Hall to he churchwardens for the ensuing
year. Mr. Liquerith informed the meeting that an ac •
tion had been brought against him by the Rev. B. King,
the rector, for the recovery of burial fees which had been
received by him and also by the preceding churchwar-
dens. He intended to retain the church books and also
the balance of the church money until the action
was settled. Ho had been advised to adopt this pro-
ceeding. _ _

MILE-END OLD TOWL-Mr. Spencer Charrington,
of the firm of Charrington, Head, and Co., the aten-
sive! brewers, and Mr. George Ward, the nephew of the
late T. Ward, Esq., the eminent shipowner, were elected
churchwardens. Mr. Stephenson demanded a poll on
behalf of his friends, Messrs. Williams and Hayward,
but. after some conversation, he was induced to withdraw
his proposition. The other officers were then elected,
after which the meeting separated.

THE EXECUTION OF LANDICK AT METER.—The
hisc ttv convicted murdf
erer
upon of f
Mrs.
scaffold. Holman has
s i n e
eh
finishedis
condemnation ho exhibited great self-possession, which
only gave way at times to a sense of his awful position;
but he indulged no hopes of a commutation of his me-
rited punishment. He frequently adverted to his past
life, acknowledging that from the age of thirteen he
constantly practised theft, sometimes attended with the
graver offence of housebreaking. On Sunday night he
slept sounder than any other night since sentence was
passed, and on Monday morning he made the remark,
"It is the best night I have had." At nine o'clock on
Monday morning preparations commenced for the erec-
tion of the drop is front of the gaol, and immediately
over the entrance-gate; it had been put up on Saturday,
to test its fitness, and removed. Shortly before noon he
appeared to the view of the immense concourse in the
North and Queen-street Roads and the adjacent parts.
The Chaplain commenced reading the Service for the
Burial of the Dead, the hands of the culprit were tied to
his side, the rope was adjusted, the bolt withdrawn,
and, within about two minutes, the sentence of the law
had been so far satisfied—he had been hanged by the
neck till he was dead. After hanging the usual time
his body was buried within the precincts of the gaol.
He died admitting that be put the box and the chair
upon the old woman, but ho persisted in saying Woods,
the approvar, was the murderer, and expressed himself
glad that Mills had got clear, because he was led into it
by himself and Woods ignorantly.
UNEXPECTED SAynsias BANK.—A curate, who
had for 19 years received the paltry stipend of 100/. a
year from his well-endowed rector, for performing the
pastoral duties of a rather extensive rural parish, lately
applied to the noble patron of that and many other
livings for promotion to an incumbency of 1301. per
annum. His Lordship was startled by the application,
and wrote to inquire into the cause, seeing that, accord-
ing to the present law, the curacy already held was en.-
titled to 1501. a year by the scale as to population. The
curate replied that he had never received more than
1001.; whereupon the Noble Patron wrote to the rector,
to whom his word was law in such a case, and ordered
the paying up of all arrears, 9501., with interest, the
whole amounting to above 1,400/. • a handsome fortune
to the poor clergyman, who is also to receive his full
salary in future. lie has, therefore, occasion to rejoice
in having unconsciously saved a pretty little property,
which if received during the whole time, might have
glided out of his possession almost imperceptibly.—
Liverpool Mercury.
THE BOMBAY STEAM-VESSEL—This ship still re.
mains at moorings off Blackwell, but remains under
gurveiltance of the Custom-house authori,i, S. Pest r-
day mornin4 au utl:::er of the Customs deparimalt or-
dered her fieat. tu be tr..k-n off, preparatuly to floatlii4
her into the East India Docks; but the person in charge
protested, gad referred the mutter to legal authority.

MEMORANDA OF A MUSICIAN

BY GEORGE J. O. ALLMANN.

" _Notes, notes, forsooth, and noting!"
SILAKSPERE.

No. XI.

The immense success attendant on the production at
the Royal Italian Opera, Covent-garden, of Masuniello
in a southern dress, and the scarcely less popularity
achieved by the representation of Ernani at her Majesty's
Theatre, induce me to believe that short memoirs of the
composers of these operas woull, therefore, prove not
uninteresting to my readers. And, remembering the
affecting line inscribed by the Poet's dying wishes on the
sepulchre of Kdrner—the Northern Bard of the Lyre
and Sword—

" Vergivs die &Neer Todten nick!,"

am the more strongly induced thereto, not that I can
hope to add, by the effort of my powerless and unaluqutlit
pen, another laurel to tho wreath which Fame has
already bound around the brows of each, but for the
sake of conferring a pleasure of exh biting a stimulant
to exertion, and of imparting to others, as well B 3 to
myself, the keen and pure delight a mu,ician must feel
who traces step by step, and day by day, the efforts, the
progress, and the sw:ccases of those on whom the world
has stamped its weed of admiration and approval. In
the present instances this " labour of love" is doubly
pleasant, for the thorn which enters so secretly, yet
deeply into the heart of the Historian when he traces
Things and Records that are of the Dead, and fills the
breast with the agony of inextinguishably sorrow, pains
not now. Both Auber and Verdi arc liying—long may
they continue among us; if wishes and prayers could
prolong life then would the existence of Genius be
indeed immortal. Let us, however, sing with the
German Poet—

"Freut eucli des Lebens
\Veil noel' das I.iimpehen gliiht ;
Pilikket die Rose
Eh' sie
But I am forgetting my promise; so, in order to offer
the amende honorable, I at once introduce the reader to

AUBE R.
Daniel Franc ,is Esprit Auber was born on the 29th
of January, 1784, at Caen in Normandy, during a tem-
porary visit which hia pitiuntS netvie to that place. My
readers, who will take the trouble to make a facile
mental calculation will not need to be told that this
favourite Child of Music is at present in his sixty-sixth
year. His father was a print-seller of Paris, in very
good circumstances. Evincing in very early youth a
decided taste for music, le jeune Auber was allowed to
study it, but merely as an object of relaxation and
pleasure. Under the tuition of Ladurner, he soon over-
came the manual difficulties of pianoforte-playing, and,
as an amateur, was much admired and courted by his
own private circle. But his father did not wish him to
cultivate the art as a professor, accordingly he was
sent to London to pursue the vocation of a merchant.
rho dry detail of business, and the unceasing toiling
for the universal goals of all efforts—the California of
all desires—the accumulation of pounds, shillings, and
pence—(there is a kind of chinking, ringing tone in the
very words)— were far from being agreeable or palatable
to the taste of young Auber. To his fresh, upsoaring
ideas—to his unworldly, unselfish heart, and to his high•
spirited, imaginative feelinge, it seemed that the sole
object of trading was self-advancement and gain by the
fall and loss of others; and, possessing such an opinion,
it is scarcely a marvel that he was soon wearied and
disgueta d with a situation in life for which, he used to
exclaim, he felt he was not destined and wherein he ex-
pected to find integrity and honour. He :eon, therefore,
moment,retraced hhies
bw;yh its'jwPeal tsimwehde er en't rwatching
etvhaei
Ife'adv oeunrihnigs
father to allow him to make a trial, if only for a twelve.
month, of music ; so that, if successful, or with a fair
prospect of success before him, he might eventually
Adopt it as his profession. Once embarked and fairly
launched on the ocean of his desires, the young aspirant
mentally thtermined never to return to business again.
lie obtained an excellent and tolerably profitable en-
gagement in the orchestra of the Opera Comique as
ripieno violino, and in that situation he remained for
some time without attracting more than ordinary atten-
tion, for the simple reason that
"Those who dare nought achieve nought."
But at last he began to make friends with the music
publishers—very politic entre nous, dear reader, and
brought out some trifling compositions, such as the they,
fashionable chansons, romances, &e. He also published
a trio for pianoforte, violin, and violoncello, which
proved that he was not unacquainted with instrumental
composition. This trio was thoroughly in the French
style, for the masters of that nation allow pupils to
compose in their own fashion, and are therefore diame-
trically opposed to our professors, who ruin our young
musicians by rendering them abject slaves to the German
School, and condemn mercilessly every work that is not
founded on such models. What is the necessary conse-
quence of this? A young artist is not allowed to fol-
low up his own thought—he is compelled to write in a
conventional manner, totally at variance with his ideas
and imagination—he is bewildered—he strives vainly—
he is powerless to create effect, and he therefore never
rises in the profession, but dies—as hundreds before him
—a disappointed man.
But Auber at length began to bring out some works
of a higher standard than he had before attempted,
which soon attracted public notice and commendation.
Proceeding in this cautious method, slowly yet surely—
for the character of Auber was never distinguished for
impatience—he became acquainted with Leinare, the
ramous violoncellist, whose singular style of playing
will long be remembered by his countrymen. M. Le-
mare desired most anxiously to propagate his mode of
performance on the instrument, so that it might become
generally adopted, and for this purpose he wished to
write some music to support his views, but, strange to
say (and it is a circumstance it would be difficult to ex-
plain or comprehend), he who, on his instrument, could
perform the most miraculous difficulties, when he took a
pen in his hand could not summon up a single musical
idea which he could employ in a piece suitable for his
purpose. He, on this account, requested Auber to exert
his talents on his behalf. The issue of this was that all
the concerti for the violencello which have appeared with
the name of Lemare, besides many others which remain
in manuscript, claim Daniel Francois Esprit Auber as
their originator! Thus is the world humbugged! The
public believed—and indeed well they might—that all
these were the composition of Lemare, but many artists
in the profession wore well aware that the merit of them
was due to the talent of our composer. The peculiarity
and original style of the music produced a great sensa-
tion in public, and all his brothers in the art from that
time predicted that Auber would win
" Unfading laurels and a deathless name."

About this time he wrote a concerto for the violin,
which was performed at the Conservatoire de Mu-
sique by M. Mazas with signal success. But the
great ambition, the lofty and aspiring aim of Auber
was to produce an opera at one of the theatres, towards
the consummation of which he had been long and dili-
gently studying orchestral scoring, but he possessed not
sufficient interest, as yet, to get one brought out. lie,
however, composed the music to the libretto of an old
opera called Julie, the accompaniments of which con-
sisted of two Niolins, two violas, violoncello, and con-
tra basso—what a miserable and unsatisfactory effect this
must have produced. Julie, which was represented
at a private theatre by a party of amateurs, contains
many pleasing airs, exhibiting the piquant style for which
Auber is now famous. Soon afterwards he was engaged
to compose for the small theatre of M. de Caraman, the
Prince de Chimay, an opera for complete orchestra,
and from this he has selected many pieces which, by
their introduction in future works, have become popular.
It was during this progress in public estimation
that Auber became fully sensible that he was very
deficient in theatrical acquirements, that his musical
education was incomplete, for he could scarcely fail to
discover that, in attempting greater things, his know-
ledge of the principles of the science failed him. To re-
medy this evil he devoted himself assiduously to study
under the directions of Cherubini, the greatest and most

learned musician France—for she can almost be said to
claim him entirely—can boast. These labours being
finished, Auber wrote a mass for four voices, from which he
afterwards extracted the beautiful prayer in La Mueite.
His first debut in public as an operatic composer was an
operetta in one act, called Le S'jour 11Iditaire, which
ho managed to get performed at the The Are Foydeau,
in 1813. This work, however, possessed none of the vi•
vacity and originality of ideas and phrasing which cha-
racterised his former efforts, and it therefore met with
a reception far from encouraging. A repose of
many years followed this check, and the composer
appeared to have become suddenly sick at heart, and to
have renounced a career in which the most brilliant sue -

cess awaited him, till the death of his father and the
derangement of his affairs compelled him to resort once
again to the resources of the art for his support, which,
until then, had been of secondary importance. We hoar
no more of him till the year 1819, when he produced, at
the Opera Comique, Le Testament et les Billet- Dour, an
operetta in one act. This was destined to be infinitely
less fortunate than the first public attempt of the com-
poser; so that the honours and eulogiums that had been
lavished upon him were now considered as the prejudices
of a coterie or the partiality of friends. But Auber soon
recovered his vantage by producing Le Bergere
Chatelaine, an opera in three acts, at the same
theatre, in the beginning of the year 1820. He stepped
now, without hesitation or objection, on to the
pedestal of famo—a sort of mum pedestris which
all musicians covet—the original thoughts, the novel
motifs of melody, the elegant instrumentation, and the
dramatic effect which distinguish.-d this work, rendered

it entirely successful. And —to this opera Auber may be
considered to owe much of the reputation he has gained.
The favourable opinion thus commenced was completely
and firmly established on the appearance, in 1821, of
Emma ; ou la promesse imprudente—and from that period
the famo of Monsieur Auber has never been darkened
by a shadow or a cloud.

His operas, La Muette di Portici (his finest beyond all
comparison, and better known in England as the match-
less Masaniello,) Lestocq, Le Domino Noir, Pea Diavolv,
La Fiancée, L'Ambassadrice. Gustave, La Bayadere, La
Port du Diable, La Sirene, Les Diamans de la Couronne,
Le Luc d'Olonne, and. lastly, Hardee; ou Le Secret,
are all too well and favourably known to
need particular mentkn. Have not all of them
delighted tho ears and held the hearts of thousands
of us willing captives! Auber's orchestral writing is
perhaps the most resned and elegant of any composer's
of the present day—the beauty of colouring—the variety
and grace of the ideas—the tone and elegance of style,
and, more than all, the originality in conception, render
his scores perfect pictures. All is so beautifully, so
artistically blended, every instrumental point brought in
with the tuct and c.xperience, of a master, L,t,t the cotni
blaation forms a delightful whole, us comprehensive and
appealing to the general ear as is a well executed pie-
ture to the general eye, which dwells on each beauty and
appreciates it,