The Sun.
London, England, 1849-11-06 00:00:00

THE SUN, LONDON, ESDAY EVENING.

on Monday next. The Government, however, are
taking the course of wise precaution, and placing
troops at the various points where danger might be
apprehended ; and the public, of all parties, with the
exception of a few of the extreme Orangemen, will
sustain them in any necessary measures to put down
disturbance, should it be attempted." •
Respecting the military movements, the same
Belfast journal contains the following :
" No. 2 company, composed of Captain King,
Lieutenant Hogge, three sergeants, one bugler, and
sixty rank and file, marched yesterday (Friday) from
Belfast, en route to Deady, to be stationed there, in
aid of the civil powers, until their services can be dis-
pensed with. No. 8 company, composed of Captain
Forester, Lieutenant Brown, three sergeants, two
corporals, one bugler, and sixty rank and file ; o. 4
company, composed of Lieutenant Straubenzie,
Ensign Murchison, three sergeants, two corporals,
one bugler, and sixty rank and file, under command
of Major Wilkinson, marched from Belfast at the
same time, en route to Ballynahinch, fur the same
purpose. Tattoo, which has heretofore been at nine
o'clock, has been changed to eight."

UNIVERSITY INTELLIGENCE.
OXFORD, Nov. -3:

ALL SOULS COLLEGE ELECTION.—This evening
Mr. Alfred Lennox Peel, B A., and Mr. William
Parsons Warburton, 8.A., of Balliol College, , and the
Hon. Algernon Fulke Egerton, B.A ,Christ
Church, were elected Fellows of AU Souls College.
BALLIOL COLLEGE.—An election to two scholar-
ships and exhibitions will take place at this college
on the 29th inst. The scholarships are open, with-
out limitation, to candislates who shall not, on the
above-mentioned day, have exceeded their nineteenth
year. One exhibition, founded by Mr. C. Haws, is I
limited to the sons of freemen, or of inhabitants of
the city or the county of Oxford. Another exhibi-
tion, founded by the Rev. It. Greaves, is limited to
candidates educated at Ludlow, or, in default of such,
to candidates from any other school in the counties
of Salop and Radnor. Candidates must present to
the master, on the 24th inst., certificates of their
birth and baptism, together with testimonials of cha-
racter.
Coarus CHRISTI CoLLEGE.—An election will ,be
held in this college on Friday, the 7th of December,
of two scholars ; one from natives of the diocese of
Bath and Wells, and one from natives of the
county of Lincoln. Candidates must be under
nineteen years of age on the day of election, and must
present themselves to the President at half-past seven
o'clock in the evening of Saturday, the Ist of Decem-
ber, with certificates of the marriage of their parents,
and of their own baptism, competent evidence of the
day and place of their birth, testimonials from their
college or school, together with a Latin epistle to each
of the electors.
The Rev. R. H. Millington, M.A., of St. John's
College, has been appointed to the incumbency of the
Holy Trinity, Warton, Warwickshire.
The Rev. C. H. Morgan, M.A., of Trinity College,
Rural Dean of the deanery of the Forest, has been
collated to an honorary canonry in Gloucester Cathe-
dral.
The Rev. A. T. G. Manson, D.0.T.., of Magdalen
College, has been presented to the vicarage of Glossop,
Derbyshire. Patron, the Duke of Nortolk. Value,
1141. Population, 22,898.
The Rev. Henry Tickell, M.A., of Queen's College,
has been presented to the curacy of Lidlington, Bed-
fordshire.
The Rev. C. H. Mainwaring, 8.A., of Oriel Col-
lege, has been presented to the rectory of Whitmore,
Stlffordshire. Patrons, Simeon's Trustees. Value,
2851. Population, 9,838.
The Rev. W. Lambert, M.A., of Exeter College,
has been instituted to the rectory of Tibberton, Glou-
cestershire. Patrons, Mrs. Scott and Trustees. Value,

267/. Population, 344.
The Rev. H. Farmar, 8.A., of Exeter College, has
been licensed to the perpetual curacy of Oakridge,
Gloucestershire, Patron, the Vicar of Bliley.
The Rev. G. D. Adams, of Balliol College, has
been appointed chaplain to the Earl of Kintore.
The Rev. C. W. Belgrave, M.A., of Lincoln Col
lege, has been appointed chaplain to her Majesty's
ship Leander.
The Rev. Edward Nangreave Maugin, M.A., of
Wadham College, has been collated to the vicarage
of Horsley, Gloucestershire. Patron, the Bishop of
Gloucester. Value 150/. Population, 3,064,
The Rev. N. J. Ridley, M.A., of Christchurch, has
been appointed to the perpetual curacy of St. Thomas,
Wootton Hill, East Wootinay, Hants.
The Rev. Lewis Page Mercier, 8.A., formerly
scholar of University College, has been appointed
Head Master of the Birmingham and Edgbastun
Proprietary School.
The Rev. George Hadow, M.A., of Balliol College,
has been licensed to the perpetual curacy of the
chapel of St. Andrew, Plymouth. Patron, the Vicar
of St. Andrew's. Value, 1151.
The Rev. E. A.. Day man, 8.D., late Fellow and
Tutor of Exeter College, and Rector of Shillingstone,
has been appointed Rural Dean in the deanery of
Whitchurch, Dorset.

was taken up, carried about ten feet from its foundatio
and then let down without any other material injury.
Large trees were lifted out of the ground and carried
many yards by the force of the current. A portion of
the root of one of the houses was taken up in Peck's-
bay, more than three miles distant, and shingles, articles
of clothing, &c., were found on Absecom•beach, more
than five miles from the houses whence they were car-
ried, to which place, by no possibility, could they have
floated. Those who heard the tornado described the
noise accompanying it as resembling thunder. It was
attended or followed by a vivid bleu of light, so brilliant
that the women in one of the houses blown down sup-
posed that the building was struck by lightning and on
tire.—New York Tribune.

LAW INTELLIGENCE.
COURT OF COMMON PLEAS, Nov. 5.
BARNEWALL, PUBLIC OFFICER, V. SUTHERLAND.
Mr. GURNEY applied in this case, which was tried
before the Chief Baron, at the last Surrey Assizes, and
in which a verdict was found for the plaintiff, for a rule
to show cause why a new Wel ehould not be had, or
why a verdict should not be entered for the defendant.
the latter part of the applicatiin I:”itig nide without the
consent of the Learned Judge. The whole of the pro-
ceedings in the case until a short time previous to the
period Of the trial were brought in the name of Taylor,
a public officer of a banking company, but owing to his
death the action was continued in the name of Barnewall.
It appeared that the commission day for the assizes W. 5
' on the 6th of August last, and late in the evening of the
sth, and after the defendant's attorney had left his office,
the plaintiff's attorney served a notice, intimating the
fact, and stating that it would be entered on the re-
cord, and that the trial would proceed in the name of
the present plaintiff. The motion was m.tde on the
ground that the trial took place without the defendant
having any opportunity of traversing the suggestion on
therecord, the Learned Counsel submitting that this
was an important point, for it was an every-day practice
to deny the plaintiff being a public officer, because, if he
were really and truly n
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The Court granted a rule on the first point.
NINA V. ARTHUR.

Mr. Sergeant BYLES applied for a rule to show cause
why tlke bill of exceptions, tendered in this case before
the late Mr. Justice Coltman, 'on behalf the defendant,
should not be referred to the Judges of this court to be
settled, and why there should not be a new trial. The
case had been before the Court on former occasions ;
the first time it went town for trial, there was a verdict
for the defendant ; a new trial having been granted, it
was tried a second time on the 17th of January last, be
fore Mr. Justice Coltman, when a verdict was found for
the plaintiff—damages, 1501. A bill of exceptions was
terdered by the defendant, and a summons taken out
before Mr. Justice Coltman to stay proceedings until it
was setts d. On the 13th of March, the defendant
having settled the bill of exceptions, delivered it to the
plaintiff, who kept it until the 20th of June—a period of
three months—when he returned it with a great many
alterations. The plaintiff became afterwards anxious to
proceed, and took out a summons returnable before Mr.
Justice Coltman, to show cause why he should not be at
liberty to issue execution; but in the meantime, and t
the regret of everybody who knew him, the Learned
Judge was deprived of life, and slice then defendant had
not been able to proceed in the usual course with the
bill of exceptions. The Learned Coons( 1 referred to the
case of " Newton v. Boodle," in which an application
similar to the present was granted.
The aiut t granted a rule to show cause.

POLICE INTELLIGENCE.
GUILDHALL.
In consequence of the absence of the alderman on
the rota, the public and the gentlemen of the legal
profession were kept waiting until twenty minutes to
one o'clock, when Mr. Alderman Moon happened to
call in, and was asked to proceed with the charges.
The worthy Alderman said that it was not his week
.o be on duty, but he would stay until one o'clock, and
must then leave to transact important business. He
accordingly heard the first charge, and then left at
one, when, after waiting about 25 minutes, and no
alderman appearing, a messenger was dispatched to
the Mansion house to request the sitting alderman
there to come and di-pose of the business. Mr.
Alderman Carden, who sat for the Lord Mayor,
kindly consented to do so, and thus did double duty;
sod, the charges being numerous, the business of the
justice room was not concluded until between half past
four and five o'clock. The above is not a solitary
instance, for every day last week the public were
placed in the same situation for several hours.
Mr. Hugh Swan, late of 59, [Ugh street, Camden-
town, and 15, Hanway-street, Tottenham. court-road,
draper, dealer and chapman, was brought up on a
warrant in custody, charged with falsifying his ac-
counts, and destroying a portion of them (he being a
bankrupt), with intent to defraud his creditors. •
Mr. Jones, of Sise-lace, solicitor, appeared to con-
!fact the case; and Mr. Reed, solicitor, defended the
prisoner.
Mr. Jones said that the present proceedings against
the prisoner were taken under the sth and 6th Viet.,
c. 122. sec. 34, relating to bankruptcy cases, wherein
it was stated that if any person "shall destroy, muti-
late, or falsify any accounts, he shall be guilty of a
misdemeanour.' It would appear that on the 27th of
April, in the present year, the prisoner became a
bankrupt, and on the 16.11 of May he was examined
und.er the fiat. At that examination his statement
was taken down, and he signed all the sheets. It would
not be necessary at present to read the whole of the
evidence, but only these parts where he confessed
that he had destroyed certain docummts relating to
his property.
Mr. Reed objec'ed to the present proceedings, as
the Act on which the prisoner was being prosecuted
had been repealed by a subsequent one, which came
into operation a fortnight after the warrant was issued.
the of of the two Acts was, that although a person
might be apprehended under the former Act, he must
be indicted under the latter. Under the latter he
might be indicted for an offence committed under the
former Act, provided it came within a certain description.
The clause which repealed the former was, " except
48 to offences subject to penalties ;" but it said nothing
about indictable offences, and therefore he contended,
that as the prisoner had not incurred any pecuniary
penalty, he could not be indicted under either Act.
Mr. Jones observed, that the new Act was a conso-
lidation of the Bankruptcy Act, and contained the
very same clauses as the old one. Besides, he under-
stood the word " penalty" to mean not only a peen-
eiary fine, but a punishment. A man who was
punished for an indictable offence was said to undergo
the penalty of the
The Chief Clerk informed the Alderman that the
objection was untenable, for the repealing clause
-xcepted from its operation not only proceedings
,mmenced for the recovery of penalties, " but all
other proceedings," and although there wise a great
deal of ambiguity in the clause, yet it showed that it
was the intention of the Legislature to keep alive the
former Act.
Alderman Moos said the case had better go on.
Mr. Frank Austin, clerk and usher to Mr. Com-
missioner nose' said he knew the prisoner Hugh
Swan, and produced the depositions taken at his exa-
mination when he was made a bankrupt.
John Edward Larchet, clerk to Mr. Jones, of
Sise lane, said that on the 16th of May, 1849, he
was present when the bankrupt was examined at the
Court of Bankruptcy, and saw the depositions signed
w the prisoner on declaration. Ile signed twelve

sheets.
Ihe depositions were of great length, but orly
in extract sufficient to justify a remand was read.
It went to show by the prisoner's own answers before
the Commissioner that he had irregularly sold part of
his stock by sending it to an auction- room and making
no entry in his books of how it was di-posed ot;
that he only kept a memorandum, which he destroyed
on receiving the money upon the goods so sold.
Mr. Jones thought he had shown enough to jus-
tify the Alderman in granting him a remand.
Mr. Reed contended that nothing as yet had been
proved to warrant such a course, and he was about
arguing the question again, when
Alderman MooN said, that it was not for him to
decide points of law, but to hear such evidence as
would satisfy him that a further investigation was
requisite. He was of that opinion, and therefore
should remand the prisoner until Wednesday.
Mr. Reed hoped the Alderman would take bail.
Alderman MooN replied that it must be good bail;
himself in 3001. and two sureties in 2501. each.
The bail not being forthcoming he was conveyed to
the Compter.
Edward Sutton, between 50 and 60 years of age,
was brought up for final examination, charged with
fecoying a young girl, named Louisa Rogers, aged
18, from her home, and also stealing a watch and a
tew trinkets, value from 2/. to 31.
It appeared that on Saturday week last Mr. Rogers
missed tis daughter, and after a great deal of anxiety,
and making inquiries in oil directions, he discovered
that she had been married by licence that morning to
the prisoner, wh.im she had seen but a few times, and
who was about going to America. His daughter
having lately suffered from fever, and n ,t being quite
right in her mind, and the m irri:,ga not having been
consummated, he gave the prisoner into custody for
the purpose of seeing if the magistrate could not
interfere and prevent his daughter leaving the country
with such a man. In consequence ot the reports
which appeared in the newspapers, the real ssite of
the prisoner came forward, whom he had deserted
about 18 months ago, leaving her with five or six
children, and the case was further adjourned for the
production of the necessary evidence to establish the
charge of bigamy.
Mr. Beard, from the office of Mr. Buchanan, soli-
citor in Basingball-street, appeared, as on the former
occasion, to defend the prisoner.
Amelia Webb, of Randley-mews, Pimlico, deposed.
that she and her late husband were present at St.
Martin's Church, St. Martin's •in-the-Fields, on the.
16:h of Jtine, 1824, when the prisoner was married
, to her sister (then in court). Tier name was Anne

Ed• Nerds, and she signed her name as a witness of the

rriage.
Thomas Quarterman produced a correct copy of the
cez tificate• of marriage between Edward Sutton and
Arne Edwards on the day named.
In answer to questions put by Mr. Alderman
CARDEN, the witness said he knew the prisoner well,

£nd he and his wife had a family of eleven children.
ye was a good husband at one time, but of late years

had turned out very ill, and he left his wife &bout
eighteen months ago.
Alderman CARDEN—Has she seen him since ?
Witness—Yes, about a month ago.
Alderman CARDEN—And who has supported the
children ? Witness—Why, the son.
Alderman CARDEN—How many are there ? Wit-
ness—There are six alive.

Louisa Rogers, a rather good-looking young
woman, said she had known the prisoner about three
weeks, and was married to him at St. Dunstan's
Church by licence on Saturday week, and a Mr.
Edgier, of No. 6, Apollo court, was present as a

witneo,

Alderman CA.RDIIN—MW oaten have you seen
him ? Miss Rogers—Four times.
Alderman CARDEN—When did he make the first
proposal of marriage ? Miss Rogers—On Tuesday
three weeks. Ile made two offers.

Quarterman also produced the certificate of this
marriage.

In answer to questions put by Mr. Beard, Miss
Rogers replied that she never asked the prisoner to
marry her. It was he who proposed. She never
said she was over twenty-one years of age, and that
she should like to go to New York.

Chief Clerk—When were you to go to New York?
Miss Rogers—On Tuesday fortnight.
Quarterman stated, for the information of the Alder-
man, that after the prisoner deserted his wife he went
to New York, and lately returned, bearing a letter to
Mr. Rogers from one of his brothers, and it was
during the few visits he paid to the house that he
contrived to persuade the daughter to elope with him
By the ALDERMAN—I am sure I did not tell him I
was of age ; but he told me to tell the clergyman 1
was, which I would notelo, and he answered for me.
The above questions relative to her age, and whe-
ther she had not told the prisoner she was twenty-
one, were asked, as there was another charge of
perjury, for he could not have got the licence
without swearing the person he was about to be
united to was of age. However, the Alderman
thought the case of bigamy so proved that there was
no occasion to enter into further charges.
William Edgier deposed to being present at the
marriage on Saturday week, and being a subscribing
witness. He resided at 6, Apollo-court, Fleet-street.
fie went as her friend.
Alderman CARDEN—By the consent of her father ?
Edgier—lt was talked of, but I did not inquire.
Alderman CARDEN—Why not ? Edgier—They
asked me, as Mr. Rogers would not give his consent.
Alderman CARDEN—lndeed. Have you a family
of your own ? Edgier—l have.
Alderman CARDEN—And daughters ? Edgier—l
have.
Alderman CARDEN—Then what would you say or
do if one of your daughters had been thus inveigled
away ? Edgier—l know I have acted wrong, but I
did not think so at the time.
Alderman CARDEN—You ought to regret the step
you have taken in the affair as long as you live, and
leave you to your own reflections
John Cowdroy, clerk at St. Dunstan's Church, pro-
duced the registry- book, wherein the prisoner had
signed his name, and his handwriting was identified
both by his sister-in-law and by Mr. Edgier, who saw
him write it. It was different from his former
name, so far as regarded his Christian name, for it
was written in full—Edward Joseph Sennett Evans
Sutton.
The sister-in-law, Mrs. Webb, proved that he had
been called by all those names.
This being the whole case,
Alderman CARDEN said, that it was a most cruel
and diabolical act of the prisoner, after living with a
wife so many years, to then desert her and his
children, and induce a young girl—young enough to
be his grand-daughter—to leave her parents' roof to
follow him, more particularly when it was considered
that she was not yet recovered from the effects of the
attack of fever which she had had. He thought the
prisoner had acted most cruelly, and he stood com-
mitted fur trial.
He was conveyed to Newgate.
WOR S,HIP- S.TREET. 9 .
A middle aged Man, named Robert- Carson, late
hook-keeper in the service of Messrs. Thomas and
John Robinson, extensive silk-mauufacturers in Fort-
street, Spitalfields, was placed at the bar, charged,
firstly, with stealing various sums of money, in the
whole amounting to about 1251. ; secondly, with
stealing a piece of velvet, ten yards and a half in
lenv.th, value 3/ ; and thirdly, upon suspicion of
having stolen 120 lb. weight of undyed silk, of the
' value of 150/. the property of his employers.
Mr. Thomas Robinson stated that the prisoner had
been in the service of their firm for a considerable
period, and it formed part of his duties to pay their
wages to the weavers and workmen in their employ.
The utmost confidence was reposed in him by hitnselt
and partners, and not the slightest suspicion was en-
tertained of his integrity until a few des3s ago; when
an accidental discovery was made of some ieregulari
ties in his accounts, in consequence of which tee pii-
soner's hooks were subjscted to a close scrutiny, and
the result of this was such as could le eve no doubt
whatever that he had been robbing them for a long
time past, and to a very serious extent. There was a
general practice amongst firms in the trade to advance
each Saturday morning, a portion of the money to
which weavers of both sexes would • be entitled on
the completion of the work they had in their looms,
which enabled the poor people to support their fami-
lies in the interval, and it was the prisoner's business
when he paid these amounts to post them to the re-
spective weavers accounts and charge them against
the house. _lt was discovered upon examination,
however, in a great ',umber of cases, that although
he had entered the sums in his cash book
as though he had paid them, he had not
posted them against the workmen, which must
have sooner led to his detection, and In a great
many instances it was found that moneys he had
charged the firm with as having been received by
their servants had never been paid at all. He was
then prepared to go into two cases of that description,
out of at least 200 such that he could establish against
the prisoner,. in support of the first charge, if neces •
sary, and the reason for making the third charge
against him was this:—ln consequence of the pri-
soner's abstraction of the money the partners Mt
anxious lest their loss should be greater than it then
appeared, and the stock upon the premises was there-
fore inspected, when upon examining the room in
which the undyed silk was deposited it was found that
no less than 1201 b. weight of it had disappeared,
which could not posibly have been used in the busi-
ness, and as no one but himself and the prisoner had
access to that part of the warehouse, it was impossible
to account for its going but upon the supposition that
the prisoner had taken it.
Sergeant Teakle stated, that upon the prosecutors
discovering the prisoner's falsification of his books to
conceal the course he had pursued, he was employed
to investigate the matter, and on the disappearance
of the raw silk being ascertained, it was also found
that the 10i yards of velvet which formed the sub-
ject of the second charge had likewise gone. The
velvet had been cut oil' a piece, and on the prisoner
being asked if he knew anything about it, he posi-
tively denied all knowledge of the velvet, but the
errand-boy entered at the time the prisoner was being
questioned,and going straight to some boxes deposited
in one of the corners, drew the velvet from beneath
the undermost box, and challenged the accused with
having secreted it there. The prisoner at once ac-
knowledged that he had done so, and at the same
time confessed that he had intended to send it off to
Derby, to which town lie had sent other pieces of
silk upon previous occasions, but though he likewise
acknowledged to him that be had malversated his
employers' money, he strenuously denied that he was
at all aware of the means by which the large quan
tity of unwsought silk that had been stolen had dis-
appeared.
Two witnesses, named Hall and Gammon, work-
men in the prosecutor's service, were next examined,
and proved that no such sums as 2/. and 1/., entered
in the prisoner's books, as having been paid to them
on account of his employers on the 14th and 22d of
September last, had ever been received by them, and
the sergeant having asked for a remand to enable him
to establish other cases against the accused, the pri
soner, who appeared very desponding, but offered no
observations in answer to any of the charges, was
remanded till that dey week.
Mr. Thomas Kimbell, a watchmaker and jeweller
in Tottenham-court road, whcse first examination
appeared in our paper of Friday last, was brought up
for final hearing on Saturday, charged with felo-
niously intermarrying with one Mary Anne Batts,
his first wile, Elizabeth Kimbell, being then and still
alive.
The charge, which develo; ed an extraordinary case
of mistaken identity, was preferred at the instance of
the first wife, who stated that she had been obliged
to seek relief from the parish in consequence of being
discarded by her husband in favour of another woman,
and that having since obtained incontestible evidence
that he was actually married to this person, she was
determined to press the charge against him and pro-
secute him to the utmost.
A certificate of the first marriage having been put
in, proving that it had been solemnized at Crediton,
in Devonshire, Sept. 16, 1840, Mary Wreford, the
wife's sister, proved that she was a subscribing witness
to it, and the evidence as to the alleged second mar-
riage was then gone into. In support of this Robert
Carter, sexton of St. Mary's, .Norton-folgate, was
called, and stated that he waa present at the marriage
f the prisoner to one Sarah Anne Batts, which took