The Sun.
London, England, 1809-10-28 00:00:00

an 1 afterwirds aEtually executing the same in a Vio-
le.it and 'turbulent, manner to the terror
people, wh'ether the ad_ intended were-Of itself law-
ful or unlawful. He says too, Wherever three per-
sons, or more, use force and viole'nce in the execu-
tion of any design whatever, wherein the law does
tior allow the use of such force, ail who are concern-
therein are rioters ; aadsit is not only lawful, but
also cominenclable, to assemble a competent number
of people in -order with force, to suppress theme He,
says, it a man, seeing others aaually engaged in a
riosjoins himself to them and assists them, he is as'
much. a rioter as if be had first assembled- with
theM, for the same purpose. it is further laid‘down
by him, thatit there are threeor ,more persons join-
ed in doing,an act which is\not in itself"' unlawful,
such as removing a nuisance, w hich may .lawfully
be,, done in a :peaceable manner, yet if it is- un-
necessarily done in a violent and tumultuous Man-.
ner, to the alarm of his Majesty's subjeas, that
'in consideration of law, a riot.
6entlemen, so careful is the law- to prevent
disturbance and the. breach of the public peaee.—
Gentlemen, this.is clear and, intelligible to every ca-

.pacify, ancLis._recognized.and confirined'hy a Variety
ofaulhorities andcases on the-subjett —Gentlenien,
as to an unlawful :assembly, that is, where three or
more persons assemble themselves together to do aii
unlawtul act; this asssembling is an unlawful
ceeding, and punishable by fine and .imprisonment,
even though tlt y separate without doing the att
intended, and this modeot assembling. together for

such purpose, is as much an-unlawful assembly in
a public Theatre, as to the persons concerned in it,
as it would be in any other place ; the unlawful de-
sign creates the utience; and therefore the place is
iturnalerial.

" Gentlemen, I ath• without information what
proceedings are to take place b ii;is Court in conse-
quence of ithe transaEtions that have taken place
some persons have been committed,. and I ~oder+
stand many wore have been boUnd under reco4niz!.
ance to answer for the offences ( bared agdinst
them. I 'have stated io you,' Gentlenn, .w nat.
conceive to be the law upon these extaaoldinary
transactions, which "have Of late created so much
dread and' ahtim----4. can ;on! say, if todictments
should be before You, -t hey will r‘ quite your
mbsts-SetionS consideration ; that consideration, I.
doubt not', you e ; y u will do it, because it
is a duty iocumbent:upon you, and' upon u. all, to
endeavour to I.reser‘e peace and food order, and-you
will-d 6 it accOrdiog to the solemn oath which you
havejustnoW tken.
Gentietnen, I will nbt detAn _von longer, you
will now be pleased to retire and dliberate.upon the
the casco that may be in'utiglit _net.ore you."

SUittiEY POLICE.

SURREY GAOL,, HORSE MON GER-LANE.

Yesterday Sir Jouti PIN ttotti,' accompanied by:
Mr. REEv Chiet Lierk at Unitin-Hati„ attended
, at the prison for the' further investigating the charge
brougiit kirward against Elliston, of having stolen a
cheque on the h‘ use of ChilOS and Co. for 921.,tr0rn
the Office of Messrs. Hailew,ood,'Vizard and Hutch-
inson, Solicitors in•Lincoln's-Inn, in whose Otfice.he
was a Clerk previous 'to.his'continenletit for. his at-
tempt on Colson.
A clerk. from the house of ChildS and Co. proved
that the cheque had been presented on the 23d of
August, and that large notes had peen given in pay-
ment for it, which notes, itiakeared front the Zvi
dente, of a clerk. belonging .tO the-Bank of England,
had been changed on tile same slay at the Batik for
two pottud notes, several of which had since be'en
repaid into -the _Bank, and cancelled. Among the
cancelled-notes produced was, ode with the words
Edwards, &lvidere-liouseObservatory,"•NVritien
on the back ; which, when she-Wn to-Mr. Edwards;.
Who was examined, he immediatek_ knew to' he a
note.he,had received from Elligton on the 4th of
September last, with other money, in payment of
rent. A young man. natned-Smith, who was alsOn
-Clerk in Mr. Hailewood's office," stated 'that he de-
livered the cheque to Einston, two or three days Pre-
vious to its having been paid into Child's houje.
It appealing, Iron! the- Statement' of one of the
witnesses, that while MisS-Colson- was- lying in a
wOundett.state at Elliston's father's,' she received a
letter conlainine 101: in notes ; she was sent for and ,
%questioned by the Magistrate, as to whom she re-
ceived the letter from; she acknowledged having
received a letter containing that sum, but retused. to
say from whom-, or to answer any qt,eition relative
to the notes it contained'.
The dote with the initors,ement of Mr. ‘Edwan.ts
was then shown to Elliston. He 'denied all know-
ledge of it ; and said he should deeline answering
any question till he was before 'a Jury..
'As others of the notes are daily coining in at the
Bank, the further investigation of • the busines was
deferred to a future day.

BOW-STREET.—Yesterday morning Mazmanus,
the Officer, attended befbre READ, to explain
.what he told Mr. Savage; respecting his having been
assaulted and turned out of a box -in Covent- Garden
:ritc;ttle, on the first night of its opening, by Jack-
Son, the prize fighter..
ivlacmatius explained to the Magistrate (Mr.
Savage being present) that at -the time Mr. Savage
was dragged out of the box, lie Was standing
behind
the box ttoor, and several persons who Were near
him observed that it was Jaason, the prize fighter,
who Was taking Mr. Savageout. - He only saw the
Side face of the man, and,. froth 'appearance_it was
very like that of Jackson ; and those around him.
having.asserted that it was Jackson, he toad Mr.
Savage so. He had, however, since learned, 'that
)the man was a carpenter belonging to Covent Gar-
den Theatre, whose person resembled that of Jack-
son. -
This explanation of Macmanus was deemed per;
fealy satisfatiory.

Miss N. daughter of Generat'N. eloped with Mr.
G. a comedantfrotA Tunbridge Wells, 'a few.days

since.
There is now residing in Stafford. a man of the
name of Nolan, who is at preSent married to his
twenty-sixth wife; and has, by the whole, 73 chil-
dren, and is 105 years of age, and hi.; present wife
is now pregnant.