The Sun.
London, England, 1838-08-17 00:00:00

THE ATHENIEUIII.

The Report of the Bristol Meeting, 1836, occupied above 149
columns (three double numbers being given) ; that of the Liver-
pool Meeting, 1837, above 200 columns (four double numbers)
and such arrangements have been made, as to induce a hope that
the present will be equally full and satisfactory.
Persons desirous of possessing the Report should give orders im-
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PARTS of the ATHENIEUM, that copies may be received with
the monthly parcels.

'ow ready, in a neat Portfolio, containing Five Engravings, 15
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DEDICATED, BY PERMISSION, TO 1-I}..R MAJESTY.

Part 1., price I/. Is. _
THE ORIENTAL PORTFOLIO; being a
Series of Illustrations of the Scenery, Antiquities, Ar-
chitecture, Manners, Costume, &c. of the East. From original
Sketches in the Collections of Lord William Bentinck, K. C. 8.,
Captain R. M. Grindlay, Lady Wilmot Horton, Sir Henry Wit-
lock, K.L. S., Lieutenant Thomas Bacon, James Baillie Fraser,
Esq. and other travellers.

The literary department of the work under the superintendence of
HORACE H. WILSON, Esq., 11i. A., F. R. S., &e.
44 Few works of a more superb character than this have ever
issued from the press. The Drawings are admirable for their
vigour and fidelity, and the engravings are beautifully printed to
tinted lithography."—Asiatic Journal.
Smith, Elder, and Co., Cornhill.

Just published, price 2s. 6d.
TITHES' ASSESSMENT.
REMARKS on the PRINCIPLES in which TITHES
ought to be ASSESSED to PAROCHIAL RATES, under the
existing law.

By the Rev. R. JONES,
One of the Tithc Commissioners for England and Wales.
Also, Mr. WHALLEY'S (of the Tithe Commission Office)
Edition of the TITHE ACT and the TITHE AMENDMENT
ACT, with NOTES on the principal points which have presented
difficulties to parties, during the operation of the measure; with an
important LETTER on the subject of apportiontment, with the
Commissioner's answer thereto. 10s. boards.
London : Shaw and Sons, Fetter-lane, printers and publishers
of the Books and Forms of the
.Tithe and of the Poor-law
Commissions.

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That's what you call a gift?—Yes, it is. I lumped them
altogether, and if I chose to let him have 'em cheap, that's my
affair ; and he may sell 'em as he likes, that's his affair.
A Juror—Was the ballast taken out of the river? Witness
—No, no; you don't know anything about rag ballast, big
ballast, rumblings, Groby, and river ballast. The ballast as
you speak of is East Ingee, and that will fetch 12s. a ton.
Juror—l mean, was it taken out of the bed of the river?—
Witness lifted up his eyes in astonishment at this question,
and turning round to a friend at his side gave him a look which
a man-of-war's man would infallibly have translated into a
phrase of superlative wonderment.
Juror—And what did you pay for the ballast?
" That," said the witness, with a simile betokening pride and
superior knowledge, "is another thing.'
Have the kindness to tell the Court how much you paid.—
Nothing. Why they pay us for it.
Pay you I What, for the ballast that you buy ?—We
don't buy it—they give. it us.
Then how do they pay you for it?—Why they pay us to
take it away. They sometimes pay us a shilling, and some-
times Is. 6d.a ton to get rid of it, but that aint any reason
why we shourclgive it away.
Do you
know which is the best—the pebbles or the granite?
—Oh, the granite. `a good deal. [The granite is much the
dearer of the two.]
Do you know what the granite sells for at the pit's mouth ?
—I nevet tool the trouble to go there.
But I have.—No doub't of it. You look as if you knew a
good deal.
A Juror-110w large were the pebbles—as large as my fist ?
Witness—Oh yes, I think they were—they- were a good size.
Were there any as large as your head ?—To be sure there
were.
A witness for the defence on being asked the same ques-
tion by the same Juror, answered, " They are seldom so large
as that."
Verdict for plaintiff.
SMITH V. LORD EDWARD THYNNE.
The sum sought to be recovered was 121, the amount of a
promissory note given by.
the defendant, who pleaded that be
did not make the note inthe manner and form alleged.
A witness
was called who saw the defendant write and
indorse it.
Verdict for plaintiff.
WOOD V. SAVILLE.

In this case Miss Wood, who lives in George-street, Adel-
phi, sought to recover from a female named Saville, the sum
of 71. for board and lodging. The defendant had pleaded that
the board and lodging were for and in furtherance of an im-
moral purpose—viz., prostitution. Mr. Jones having stated
the facts of the case out of which the plaintiff's claim arose,
proceeded
to call the plaintiffs servant, who having in her
crlss-examination by Mr. Phillips, stated she believed the
plaintiff to be a married woman, it was, after a short consulta-
tion between the Learned Counsel, agreed to withdraw a
Juror, by which arrangement each party will have to pay her
own costs.

STIFP V. COLE.

This was an action brought to recover the sum of 41. 65.,
the amount of damages done to the plaintiff's carriage by a
servant of the defendant.
The plaintiff
a livery stable-keeper in Quebec-mews,
is
Portman-squafe, and the defendant is the Hemel Hempstead
and London carrier. A collision between the vehicles took
place, and the question turned upon which party was on the
right side of the road.
The UNDER-.SHERIFF summed up, and the Jury found for
the plaintiff for 4/. 6s.

WESTMINSTER SESSIQNS._AUG. 16.

The calendar contains the names of 132 prisoners, of whom
only 37 were to be tried for felonies.
The Governor of the Bridewell, Tothill-fields, reported that
the prison contained 442 male and female prisoners, and eight
children. They were generally healthy and well-conducted.
The grand jury being sworn were briefly addressed by the
learned Chaiesrman, and immediately proceeded to the discharge
of their duti.
John Martin, aged 52, was indicted for stealing four printed
books, value 30s. the property of Joseph Colkin Lovell and
another.
The prisoner, on being called upon to plead, stated in
very excellent French that he was a Frenchman, and was de-
sirous of having the charge and evidence properly interpreted
to him.
The CuAramax said if that really was the case, an interpre-
ter must be found, when
Lieutenant Tracey, the governor of the prison where Mar-
tin was confined, stepped forward and stated, that the pri-
soner had been confined in Tothill-fields for twenty days,
during which time he spoke English fluently, and understood
it very well.
The case then proceeded, and Mr. Joseph Lovell stated that
on the 28th of July last the 'prisoner came to his shop in Marl-
borough-street, and having entered into conversation with him,
he perceived the prisoner lift the books from the ledge of the
counter on which they were placed, and believing that he in-
tended
to run away with them, he immediately seized him and
gave him into custody. He then pleaded distress as the cause
of what he had done.
When called upon. for his defence, the prisoner urged that
the proceedings against him were conducted in a language of
which he was ignorant, and protested that his object in going
into the prosecutor's
shop was not to steal the books, but to
request the assistance of his compatriot to assist him to get
back to France.
The CHAIRMAN, in stating the evidence to the jury, ob-
served that the offence of stealing did not require an absolute
;eking away of the property alleged to be stolen, as the very
act of diQplacing it with a felonious intent would be quite suf-

The jury rrturned a venlict of CNilty, aid the pri,onei wag
sent'!,.'ccd to ;r:ll.i.o;r-%eht nrd lab"' :11
of which thiec weeks were to be in
solitary confinement.
The CHAIRMAN (to the prisoner)—You have been here bQ.

William Lee assisted the last witness to get the body out of
the ditch. It lay on the back when discovered. The market
pocket was empty ; but in the private purse was a hanker-
chief, a purse, two half-crowns, and four shillings.
On cross-examination he stated, that on the Tuesday he was
at work in Moss-lane, from ten o'clock till twelve. There
were four strange men in the lane for about an hour that fore-
noon, playing at pitch and toss. They were close to the turn
to Mr. Charlton's.
Mary Bageley saw the body when brought out of the field,
and it remained in her custody till morning. The cap, bon-
net, and flannel were covered with mud and weeds, and there
were several small holes in them corresponding to certain cuts
on the head of the deceased. She laid out the body next day.
The left hand lay down by her side, was firmly clenched, and
held a quantity of grass. The right hand was also clenched,
and raised up towards the head.
After the evidence of Samuel Dale and others had been
taken, that of Mr. Oilier, the surgeon, was given, He said
he examined the body. The death was caused by an exten-
sive fracture of the skull, so severe as to drive portions of the
bone into the brain. The blow had evidently btea received
from behind, and sufficient instantaneously to extinguish life.
It would not be possible for the band to be clenched in the
mode described after the receiving of such an injury.
Mr. WILKINS addressed the Jury for the prisoner, and called
a witness to contradict Eleanor Bageley as to the hour when
she was upon the road, where she declared she met the prisoner.
It also appeared that Morgan had, when flu st questioned on the
subject, mentioned only the four men whom' he met in Moss-
lane, without saving anything of the prisoner.
Mr. STARKIE, for the prosecution, replied.
His LORDSHIP, in summing up, said that the jury would pro.
bably be satisfied that on the present occasion murder had
been committed by some one, but the more important question
was, whether or not that crime was the crime of the prisoner
at the bar? The evidence on that point was entirely circum-
stantial ; and to enable them to bring in a verdict of guilty, it
was necessary not only that it should be a rational conclusion
fern the circumstances laid before them in evidence, but that
it should be the only rational conclusion which those circum-
stances would enable them to draw. In applying their minds,
too, to this subject, it was necessary to warn then against
the danger of being misled by a train of circumstantial evi-
dence. The mind is apt to take a pleasure in adapting these
circumstances to one another, and even straining them a
little, if need be, to force them to form parts of one connected
whole. The more ingenious, indeed, the mind of the indi-
vidual, the more likely it is, in considering such matters, to
overreach and mislead itself, to supply some little link that is
wanting, to take for granted some fact consistent with its
previous theories, and necessary to render them complete. To
illustrate this by an instance from the present case bow prone
would we be, locking on the one hand to the circumstances
connected with the woman's death, and, on the other, to those
connected with the attempted concealment of the money, to
join the two together by ourselves supplying the fact that that
money was the money of Mary Moore. Of that, however,
we must have proof ; proof sufficient is already stated, not
only to make that a rational conclusion, but the only rational
conclusion which the facts will enable us to draw. His Lord-
ship then went minutely through the case, classifying the tes-
timony of the witnesses—first as regarded the supposed
Previous declaration of the prisoner ; secondly as to his hav-
ing been seen in the immediate neighbourhood at the time
when the crime was committed ; thirdly, as to his hiding the
money ; and, fourthly, as to his denials of having been either
at Moss-lane or Toon's-field.
The Jury, after a short consultation, brought in a verdict
of Not Guilty.