The Sun.
London, England, 1841-01-08 00:00:00

COUNCIL CHAMBER, THURSDAY.

(Before Lord BROUGHAM, the VICE-CHANCELLOR, Mr.
Justice ERSKINE, and Dr. LussilNuroN.)
CHRISTIAN AND WIFE V. GIBSON, ESQ.
This was an appeal from an order in Court of the
Lieutenant-Governor of the Ise of Man.
It appeared that previous to the year 1704, by the
Common Law of the Isle, the inhabitants had the right
to enter upon and dig for and carry away stone wherever
there was is quarry, upon the payment of a reasonable
and fair remuneration ; and that right was further se-
cured by an Act of Tynwald of that year. The appel-
lants were proprietors of an estate named Claughbane,
near the town of Ramsey, upon which there formerly
had been a quarry of excellent stone. In the Court
below, evidence was given that about thirty-six years
,go the Court-house, the Church, and the Quay of
Ramsey had been built of stone brought from it. In
1813 the proprietors endeavoured to shut up the
quarry, and closed the road leading to it, but one of the
deemsters of the Isle, wishing to build, applied for leave
to take stone from it, and was refused permission. He
presented a petition to the then Lieutenant-Go-
vernor, who, after hearing all parties, granted
and ordered the Coroner of the District to
temovc all obstruction to the free working of the quarry.
The plaintiffs then complied with the order, and opened
up a new road in order as they said to prevent the
deemster from using the old one. It appeared further
that in 1815, the proprietors of Claughbane were deter•
mined to shut up the quarry, and planted it all round
with trees, as also the road made in 1813. In 1838
the respondent bought a large piece of valuable building
ground in the neiighhourhcod of Ramsey, upon which
he determined to erect houses, and as the Claughbane
stone was so superior to any ether in the neighbour-
i.ood, he applied for leave to take what quantity he
wanted, of course upon the payment of reasonable com-
pensation, but leave was refused. As it was of much
importance to him, a mason having offered to build 2,1.
per yard cheaper with that stone than any other, he
presented a petition to the Leiutenant-Governor, and
ohteined its prayer, and from that judgment the plain-
tiff appealed.
The ATTORNEY-GENERAL and Mr. Parker appeared
for the appellants, and contended that according to
I the Act relied upon, parties had a right to stone only
from the most convenient, quarry, and it was in evidence
'hat there were tinily situated as conveniently I,r the
eerposes of the respondent as that of Claughbane.
Besides it was in evidence that the quarry had not been
opened during a period of upwards of 21 years, and
therefore in law it had ceased to be a quarry, and the
right, as land, had reverted to the proprietor.
Mr. Sergeant MEREWETHER, and Mr. Campbell,
appeared for the respondeuts, and contended that the
,judgment of the Court belom was in strict accordance
ail the law of the Isle of Man, and of all the prece-
erlts ; and as to time, it was clearly laid down in the
books that a quarry was a stone mine, and that once a
antic always a mine.
The Court was cleared, and after an absence of half
an hour parties were recalled, when
Lord BROUGHAM said the Court had decided that
the judgment of the Court below was good, and ought
to be affirmed with costs.

CENTRAL CRIMINAL COURT.

OLD COURT.

(Before Mr. Justice ,Manna and Mr. Baron Ronr )
CHARGE OF RAPE —John Chrishom, aged 30, was in-
dicted for aiding and assisting Peter M•Donoanue, in the
commission of a rape on Bridget Lamb, on the 27th Dee.
last.
The prosecutrix was a servant out of place, and at the
period in question, was residing with some persons named
Carroll. Oa the evening of Sundny, the 27th of D. e.,
the Cairolls went out, leaving the prosecutrix in
the care of the house. They subsequently returned
accompanied by Nl'Danoglitie, with whom the prosecutrix
had had some slight previous acquaintance, and by the pri-
soner. Thy prisoner and the Carrot's then went down
stairs, leaving the prosecutrix anti M'aaog:..ue alone in
tile room occupied by the Carrot's up stairs. When they
were gone, M'Dinoghue seized the prosecutrix iu his
arms, and she screamed out. Prisoner came up stairs,
saw what was going on, and said to M'DonoFhue, " The
Carrot's are gone out—you will have plenty of opportunity,
and I will watch on the stairs." The prisoner then left
prosecutrix and M`Donoghue, who succeeded in effecting
his purpose. Her cries at length brought persons to h r
assistance, when Nl•Donoghue jumped out of the window
and effected his escape, and has not since been heard of.
The prisoner was given into custody on tho following day.
Mr. PAYNE addressed the Jury for the prisoner.
Mr. Baron ROLFE having summed up the evidence the
Jury found the prisoner Guilty.
Mr. PA/ NE took a technical objection to the indictment,
and contended that the law did not recognise the offence of
aiding in corrohittina a rape. The office was a rape at
common law, and ought to have been so described in the
indictment. It was the first time such a point had ever
arisen. It was most important to have it decided, and he
trusted their Lordships would reserve it.
The Learned Judges, having consulted together,
Mr. Justice Mauna said they were of opinion that the
indictment had been properly drawn up.
Mr. Baron ROLFE ordered sentence of Death to be re-
corded against the prisoner, who was then removed.
Alin Castles, who was yesterday convicted of steal-
ing a 101. mote from a letter, was placed at the bar to
receive judgment, and he was sentenced by Mr. Baron
Rom: to he imprisoned for twelve months.
Pierre Francois Tulpinle, 40, was indicted for felo-
niously stabbing and wounding David Santer, upon the
hiA seas, and within the jurisdiction of the Admiralty
of England, with intent to murder him.
Mr. Payne appeared for the prosecution and Mr.
Ciarkson defended the prisoner.
Mr. David Sinter deposed that he was master and
p,irt owner of the brig Hannah, of Dundee. In the
nrattli of October the vessel was on her way to Fal-
mouth from Odessa, and when she was off Cape
Figuiera the men were turned out to work, and the
prisoner, who was one of the crew, was ordered to tar
the rigging. He did so in an improper manner, and
-,sitness told him to do it properly, and not destroy the
property. The prisoner called hicn a vagabond and a
i-ogue, and refused to do what he was told, and at
the same time said he would do for witness. Witness
then ordered him below, and told him he would
rt!hcr want his work than be always bothered
him. The prisoner refused to go below,
;Ind repeated that he would do for him. Wit-
ness then c tiled a men named Mackay, and told
to take the prisoner below. Mackay and another
man, named Watson, refused, an.l the prisoner said he
would not go below, and abused hint ; and witness at
length struck hint with his right hand, and knocked him-
down on the deck, under the starboard cathead. There
had been a combination among the men in the ship since
the Bth October, and one man was in " loose confine-
ment" on account of that combination. The men came
upon deck, and made a great noise. At the same mo-
ment the prisoner stabbed him in the belly with a knife,
and he was severely wounded, and his bowels protruded.
He crawled down into the cabin and laid down on his
back, and his wife and his mate tried to get the bowels
b talc, and they strapped the wound over with plaster.
The wound was not yet healed, and it was not expected
ever to be so properly. The prisoner was then placed
in confinement in the forecastle, where he was kept for
a month, and until the vessel arrived at Falmouth, which
was about a month afterwards. Two or three minutes
elapsed between thi! time when he struck the prisoner
and his being stabbed.

By the COURT—There was no struggling or fighting.
Witness knocked the prisoner down, and he lay upon
the deck, and he then ordered the other men to take
him down below, and they refused. The men had been
very violent, and he considered his life in danger.
Cross-examined—The crew consisted of eleven per-
sons besides witness, whose wife and child were also
aboard. I only gave the prisoner one blow and a kick
with my foot before he stabbed me. I will swear that
is all I did to him. I did not give him two blows, and
I never heard him cry " murder ;" if he had I must
have heard him. I kicked him just as he went over
on the body, but I never kicked him on the face. I
believe I was on the deck in the morning after the oc-
currence, and did my duty, but I was not able to do it.
The vessel was navigated afterwards by my orders. The
prisoner shipped with me as a Belgian—the rest of the
crew was composed of Englishmen and Prussians. I
did net keep the men for 21 days on rotten beef. I
remember a complaint being made by the crew at
Odessa, about some maggots being in the beef.
I told the men I could get no better provisions, and
that it must be eaten. It was only the top of the
cask that was bad. I ate the same myself. I never
told the men to starve, and be d—d. The crew did
not tell me while I was kicking the prisoner that I should
kill Mai. I did not say " d- .n him, I will kill him, for
he has been upon me all the voyage." The prisoner
went down into the forecastle of his own accord, and

the hatch was lashed down with a chain, and he was
kept there until the vessel arrived at Gibraltar, where he
was put in irons. He was there five or six weeks, and
during that time ite had a quart of water and two bis-
cuits per day, but sometimes he had more than that.
They were Russian biscuits, and weighed more than
half a pound each. 1 don't know that the prisoner
was obliged by hunger to scrape up some linseed that
formed part of the cargo, and to eat it. I believe that
he did eat some linseed. One of the crew begged Inc
not to treat the prisoner as I did, for I should kill him.
Before the prisoner struck me I called him a -- va-
gabond, and a-- rascal. The prisoner did not s,y
to me, " If you treat me as a captain should, I will do
my work as well as any man ;" neither did he tell me
to keep my hands off him, and he would do all that was
required of him.
Re-examined.—He never complained of the beef
while they were in port, and they could have gone on
shore and complained to the authorities if they pleased.
By the COURT.—I did not see any knife in his hand
when ho stabbed we. I had seen him working with a
knife in his hand a short time :ieforr.

William Lunn, the maTe of the Hannah, proved that
on 24th of October he heard the captain complaining
of the way in which the prisoner was tarring the riggii4:.,
and the prisoner refused to do it the way he told
him, and the captain struck him, and they fell to words
together, and he heard the prisoner call out murder
several times. Shortly after this witness went down in
the cabin, and found the captain lying on his side, and
there was a wound in his belly, and his inside was hang-
ing out, and witness assisted to replace it, and plaster
up the wound.
Cross-examined.—The captain was lying down on his
back in the cabin. I cannot tell how many blows the
captain gave the prisoner, but. he hit him more than
once. I don't know how many times he kicked him.
They were beating each other all the time. I had the
charge of the bread on board, and while the prisoner was
battened down on the forecastle, I gave him two his.
cults, and sometimes two and a half a day, with a quart
of water. He was confined for seven weeks. The
prisoner had three quarters of a pound of biscuit every
twenty. four ',hours, and that was the allowance ordered
for him by the captain. I only gave him what the cap-
tain ordered.

Thomas Mackay deposed that he was carpenter on
board the Hannah, and he remembered the quarrel
taking place. He heard the captain call the prisoner a
rascal, and tell him to lay down the brush he was tar-
ring the rigging with, and rho prisoner replied that the
captain was a - rascal for using h'in as he did. The
captain struck the prisoner directly, and knocked him
down ; and, as he was attempting to rise, he knocked
him down twice more.

Cross-examined.—One of the men came up, and
begged the captain not to strike him again, or he would
kill him, and the captain replied, him, I dot.'
care ; he has been on me all the voyage." The captain
was going to strike the prisoner a fourth time, when he
drew out his knife, and they met each other, and
the captain was cut with the knife. The cap-
tain then ordered the crew to take the man
below, but they said that it was not neces-
sary, for he was so much hart that he could
not stand on his feet. The prisoner, as soon as he
could get up, walked down into the forecastle, and he
was fastened in it. He considered that the prisoner
was most brutally used by the captain. One of his
eyes was completely closed up, and he could see very
little out of the other. He was both beaten and kicked
in the face by the captain, while be was lying on the
deck. lie screamed, " Murder," and it. was then that
Watson went to the captain, and begged him to desist.
Witnes: saw the prisoner eating linseed and water,
While he was confined. He considered that at the time
the prisoner stabbed the captain, he was about to strike
him again. The prisoner was a quiet inoffensive man
on board the vessel, and was a good seaman. He had
heard that he was formerly captain of a vessel himself.

Mr. BARON ROLFE remarked that this was hardly
evidence.

A seaman, named Watson, was then examined, and
his evidence was of a similar tendency.
George J4lin, a constable, at Falmouth, deposed
that he went on board the Hannah when she arrived at
Falmouth, and took the prisoner into -custody, and
asked him for, the knife, and he replied that it was in
his box, and witness searched and found it there.
Mr. Cornish, a surgeon, carrying on business at Fal-
mouth. deposed that he examined the wound in the
prosecutor's side. The muscles had healed, but a por-
two of the intestines, about the size of a walnut, pro-
truded. The wound appeared to have been about an
inch and a half in length.
Mr._CLARKSitiN then addressed,the Jury on behalf of
the prisoner, and contended that it was the brual attack
that was made upon hint by the Captain, that was the
cause of his using the knife in his own defence.
Mr. Baro❑ ROLFE, in his address to the Jury, com-
mented upon the circumstances of the case, and said
there could be no doubt but that the prisoner had re-
ceived very great provocation before be made use
of ele knife. The conduct that was pursued to-
wards him after the transaction, by confining him,
and hatf-starving him, was -quite unjustifiable on
the part of the captain, and he was liable to
be indicted for it. The Jury, however, had no-
thing to do with that part of the transaction, because
it took place subsequent to the wound being inflicted,
and the only question (or them to consider was, whether
the injury was ntflteted under, such circumstances as
to justify the present indictment.

The Jury found the prisoner guilty upon the third
count, charging the intent to be to do the prosecutor
some grievous bodily harm.
Mr. Baron RoLFE then sentenced the prisoner to three
months' imprisonment.
Mr. &trgeant Arabin sat in this Court in the even-
ing, but nu ease of any importance was disposed of.

POLICE _INTELLIGENCE.

G UILDIIALL.

Richard Jarvis was charged before Mr. Alderman
Johnson, with fraudulently obtaining goods from Mr.
John Calvert, of Nu. 49, 'rVhitecross•strcet.
The prosecut(ir stated that Jarvis had been in the
employment of a customer of his, named Watson, and
he was in the habit of calling at his shop for various ar-
ticles, by Mr. Watson's order. About nine weeks ago
the prisoner left Mr. Watson's service, and since that
time had obtained a great number of articles in the name
of his former employer, the orders for which were
found, upon inquiry, to be forgeries.
The prisoner, wt:o declined making any defence, was
fully committed for trial.
A very young boy. named William Edwards, was
brought up in the custody of Police Constable 355,
charged with stealing a box of figs, the property of Mr.
Graham, grocer, of Ludgate-hill.
Tne policeman said that be saW the prisoner snatch
up the box, which lay a few feet inside the shop-door,
and run away with it. After a sharp run be succeeded
in capturing him, in a court leading from Ludgate-street
to the Broadway.
Mr. Graham's shopman having identified the box
the prisoner was committed to Bridewcil for one month'

SHIPPING INTELLIGENCE.
(LLOYD'S.)

LONI;IN, JAN. 7.—There has been a severe frost du r
ing the night, which continues, Wind this day at nocn
light easterly airs, and hazy,
DEAL, Jax. 6 —Wind S. E., moderate.—The schooner
reported ycsterday;on the Goodwin Sands, canto off cn the
flood without assistance. _

RASISCIATE, JAN 6.—Arrived the Herring, Steddart,
from Quebec, for Newcastk, with loss of bulwarks ot r-
topmast, &c,, ar.d the master and three of the crew washed
overboard.

AYR, JAN. 4.—The Mary, Butterwiek, from Den erara
to the Clyde, drove in Girvan Bay yesterday, during a
a gale, and went on shore north of that harbour, and it is
supposed she will sustain considerable damage ; c:.cw
saved.
LIVERPOOL, JAN. 6 —Wind N.E..—Arrited the Wake.
field, from Quebec. Sailed the outward bound, about 35
in number. The Mary, Gress, sailed this morning for
o.tend; and has put back with loss of bowsprit, having
beri in contact with a vessel. The Mountaineer (steamer),
hence to Swansua, got upon one of the &silly Rocks, on
the 4th inst., and it is expected it will become a wreck.
AmotoovEv, JAN. 5.—A schooner, from Newfoundland
to Liverpool, is on shore between this and Aherystwith.
GREENOCK, JAN. 3 —The Loyal William, from Jersey
to Glasgow, was driven on shore upon Lierkip Point, last
night, but is expected to be got oft.
STRANRAER, JAN. s.—Tint James Dcan, Wilson, from
Montreal to Glasgow, parted her anchors to.day, and went
on shore and knocked off her false keel. She is expected
off without much farther damage.
HULL, JAN. s.—lt has blown a heavy gale from N. W.
to N. B. and East, during the last 36 hours. Several ves-
sels drove on shore last night between Cleaness and
Grimsby.
SUNDERLAND, JAN 4.—The Londonderry, Tamer, of
this port, struck the south pier in entering the harbour to.
day, and Funk.
MARGATE, JAN. 6.—Off port, the Charlotte, from New
Brunswick.
DOVER, JAN 6.--Arrived the Ann and Emilie, Hen-
drichsen, from Laguna, with damage; Roland, Mont,
Video; Fredrica Louisa, Ilogense, Rio J micro ; Lisette,
Ashling, Alexandria, United States. The Planter, Zyl.
stra, from Surinam to Amsterdam, plat in hero yesterday,
with foremast and bowsprit sprung.
Cowes, JAN. 6.—Sailed the Sophia, Fingelly, for Ja-
maica. The Theodore Korner, Bringemen, irom Bata.
via to Rotterdam, on shore at the entrance of the harbour,
has been got off after beinr, lightened.
HOLYHEAD, JAN. s.—The' Fleece, Clarke, from Newry to
Irvine, which was on shore on Parry's Island Rocks, bas
been got off, and supposed without damage.
KINGSTON, JAN. s.—The Kuysna, Rowley, from the
Cape of Good Hope, parted her anchors in the Bay yes-
terday, and in running into the harbour took the ground,
and is leaky ; she was hove into a berth at high water.
LEITH, JAN. 4 —The Sarah Jane, Maitland, from Cuba,
was stranded at :hc back of the Docks last night, but is
expected off to-morrow.
SHIELDS, Cowslip, Scott, sailed since 3d
!oat, for
sas,„,„.h, 1,044
p."ut back to-day, the master and
carpenter having been wat.iletj ,:erboard. 3.—The,Nico-
lina Emilia, Hanson, from Lynn, in ti unning for this har-

MORNING 141DITiOv

hour got on the Herd Sand, hut came off without di•
i ance.

DUNDEE ROADS, JAN 4.—Arrived Amevell, Quebec
LONDONDERRY, DEC. 29.—Arrived the Mary Campbell,
Simons, from Quebec.
ABERYSTWITH, JAN. s.—The Robust, Mencius, from
Newfoundland to Liverpool, was driven on ..here near
Borth yesterday, but got off after discharging neetly the
whole of her cargo.
SCARBOROUGH, JAN. Industry, Turner, from
Elor.fkur, parted her anchors it) Etey B iy ycsterd iy, and
went on shore, crew saved.
HULI„ JAN. s.—Wind N. N. E., strong breeze.— Sailed
the Met-Ley, Walker, for Savannah.