The Sun.
London, England, 1824-08-19 00:00:00

MERCANTILE .SHIPPING.

COWES, Au a. 18.—Arrived the Favourite, Mathews, from
illatanzas in 38 days. During
,her ►stay there the pirates.com-
mitted several outrages on shipping. Within sight of the forts
they captured two American brigs, put the Captain and crew
in the forecastle and nailed them down, took out whatever they
thought proper, then set her on fire in three clifii:rent places
with the crew below, and made their escape to the shore. The
crew luckily found the hatchways, and got on deck in time to
extingUish the fire.
PORTIMOUTIT, Aua. 18,--Wind W.—Arrived the Numa
transport, from the Downs, for Gibraltar ; Apollo, 131ytli,
ditto, for Berbice. The schooner Pacific, Arnesley, front
Boston to Cowes, sprung a-leak off Portland, and was aba-1-
cloned by the crew.
DEAL, A liG.lB.—Wind W.—Arrived the Plrby,
from Demerara ; Lady Harwood; Young, from Grenadai and
the Brooks, of Glasgow, from the westward. Came down from
the Rivet and remain, the Romulus, Gule, for St. John's,
N. B.; and kingstone, Luckie, for Demerara. Passed through
the Maitland, O'Brien, from Calcutta ; and Hopewell, Smith,
from Jamaica. . .

Fm.stownt, A trc. 17.—Wind W.—Atrivecl the Be!kiant,
from Poote, for Newfoundland.

The Alert, Penny, arrival at Peterhead from arneniklo,
brings the further account of the Fishery, viz.:—/full--EN-
riteuth, 2 flsh, 9 tuns, on 20th July ; Berwick, 3 fhb. 10 tuhn,
on 21st June. Pcterheall.;—Jean, b fish, 85 tuns, on 23dJti1Y,T,
and the Mary, 80 tuns, with seals.

'rt►e Jane, of Greenock, from Alvarado to Itavannah, wai
wrecked on Anegado de Feura ; crew saved.

. -
The Philip, Roberts,. from Jamaica to London, has put into
New York, and it is feared much of the cargo will be dabutge4r

NON-ASCENT OF Mlt.. GRAIIAAL`'

Tawe'roN, A tiO. ICS.—This morning nil Tutin-
ton was in commotion, and the reason for so unusual an event
was, that Mr. Graham, so well known by his late visits
to the aerial regions, hail announced .his intention of ascend-
ing this day from Taunton. At an early hour every avenue
to the town was crowded with vehicles of various•descrip-
dons, ,from the lordly four-in-hand to the humble, donkey-
cart, together with no inconsiderable number of pedestrians and
equestrians, from most of the towns and villages within
twenty miles of the place, which were liberally emptied of their
inhabitants. The place from which the ascent was to be made,
was a field belonging to Kihgliike, Esq. who kindly volun-
teered the mite of it to the intrepid aeronaut. Thi inflation com-
menced at 11 o'clock ; and by two the surrounding houses• and
fields were thronged with anxious spectators.. All the rank and
fashion of the vicinity were there. The weather, which liad been
all the morning lowering cleared up at length with unusual bril-
Haney, but the spectators were doomed to disappointment. It was
Mr. G.'s intention to have ascended by means of the gas works,
but as Taunton is lighted with oil gas, the 'specific gravity was
found to be too great for the purpose; and he was therefore com-
pelled to have recourse to common hydrogen, and a bulky ap-
paratus was erected for supylying the balloon. Hour slier hosts
passed away, and the inflation proceeded but Slowly, and it he
came at last a question whether it would. be suffidiently. tilled -to.
allow of the ascent before thick. At length, after many ru,.
moors of various tendency, official information was given
that it was impossible that the balloon- could ascend,—
The .mob, which had been .with: much diffieolty repressed,.
clamorous or obtainedtnis
againstan eilnitrr.a 1141 them. It
was much feared at one time that the balloon would have.been
quite demolished, but to the credit of the populace be it spoloti,
thi.tengzampti),,,,tt,intittniirwere rather
they manifested little disposition.to acts of violence, and were,
Content with venting their disappointment oraTly,-nat manually.
entrance
Mr. Graham has promised to ascend in a day or two, and thus,
in some measure, recompense die public for the patience, they
evinced at this day's disappointment, which was making to
his fault but to an insufficient supply of the acid for
the gas. - --

_______
w ito oii 18„1 (7 ;ice ,I oN lc Saturday()c'ru an
E lastNc Egarden, (t Io 4( ) tki i i t: lust.)
ht place.ia)to't
o'l'l
lc:,
fatal effects of ungoverned passion and vile
temper. A lad about -14 years of,age, apprentice
to Smith, the whitesmith, had been cornrnittinfr
(abislolrioronui
o,esvbeiiider:effeirri,yeilasdwslein;ittlittrlf(iii.o:
1.111,ti;oliulizotl
p1,11101,ri: his
twarilltelthlltalea;svivsrtelieteireilregir',lwis::t.trileilleieet:l.:l‘ia,:uiteetalti(doilgiali
ggsaltoi
actually
fasarutroleiltit:dna:
into execution, for on- Sunday wonting, suite
persons walking
Kingston toMartiesitam.w„d, discovered his hat)
In. which was placed ' • its apron, and. a short disk
tance from which '
,in the river they discovered
I
,
the body. What makes this affair the More dis..
tressing is, that about twelve months sinbe a
sister of the boy went into no outhouse and IttAng
herself, itt consequence of her mother reprimand.
, int, her for a refusal of duty.—(Btary Gazeac.)

THE LONDON JOURNALS.

DAILY

Extracts from the Morning Ayers, Aug. 10.

['nit Tistrs..]
Very contradictory accounts were received yes-
terday from Jamaica, with which it is not neces-
Nary to perplex our reader•. We select only that
which appears best entitled to credit, and which
Is contained in n letter from Morant Bay of the
9d ult., stating that 44 an express had arrived at
it, the King's House, Spanish Town, with accounts
" that the insurrection of the Negroes in Hano.
'I vol. had been quelled, and that all was once
" more peaceable and quiet." Sir J. Keane was
said to be on his return in the Hussar frigate,
lith the intention of visiting all the principal
ports round the island. A degree of irritation
obviously prevails among the white population of
Jamaica, hi consequence of recent proceedings in
this country, particularly those relating to the
affair of Mr. Smith, the Missionary, news of
whisk had just reached them, which has given a
colouring of exaggeration to all the statements
respecting the conduct of the Negroes, and ren-
ders it necessary thut they should be received
with caution.

Our paper of yesterday contained an ordinance,
by which that noble instrument of good govern-
recut, the gag, hai been once more brought into
action for the benefit of the French people• If
they like it, long may they enjoy it ; but we are
Pound to add, that they can now return the com-
pliment, inasmuch as there are por►ions of the
British empire, and thousands of British subjects,
reposing under the shadow of that same paternal
and enact wine institution—a censorship of the
public press.—(lbid.)

rmt:llr 111010 .
Little:business vrus transapted yesterday in the
Funds, and the price of fid'oilsols was a slight de-
gree•lower, having closed at 931 for the present
account, and 94i for October. The Foreign Se-
curities experienced little variation : the Scrip of
the new Brazilian Loan was done at a discount
of per cent. Colombian Scrip b discount.—
Spanish Bonds support their improved price, and
In other descriptions of Stock there was no ma-
terial alteration.

[DRITI.4II puss.]

A contemporary has published an article re-
presenting the situation of Bolivar in Peru to be
precarious, on account of the aversion of the Pe-
ruvians, and the,strength and popularity of the
Royalist army. The article is introduced by
some comments on the pretended letter from
Guayaquil, published some time since, announc.
lug the total defeat of the Spaniards. We have
already expressed our opinion of the irnpolicy of
employing the Colombian troops in the expulsion
of the Royalists from Peru, except as the auxili-
aries of a native army of Patriots, But we do
not therefore► look upon Bolivar to be surrounded
by all the perils which seem, in the judgment of
our contemporary, to environ hint. Because, he
may not have gained a victory, it is not to be
presumed he has sustained a defeat. We also
hnuarded an opinion that the defection of Torre
Tagle was connected with some political arrange-
ment with the Spanish Generals, for, us we
expressly stated, we could not bring our-
selves to regard him as likely to prove an
ordinary traitor. Canterac and the other
Spanish Generals, with the exception of Olaneta,
were warmly attached to the constitution of the
Cortes. They can have no hope of returning to
Spain, but meet with disgrace, or perhaps become
the tenants of a dungeon. The probability of
their agreeing to n declaration of the indepen-
dence of the country has been corroborated by
the last arrival from Buenos A yres. it was then
expected that negociations would be opened with
Bolivar, who could have no wish nor pretence to
continue the war in Peru if he was satisfied of
the sincerity of the Spanish Commanders. The
abusive Proclamation of Torre 'Cagle, which our
contemporary gives, was published in our Paper
six weeks ago, and we then remarked that the
grossness of the invective defeated the malice of
the writer. We confess we begin to be anxious
respecting the state of affairs in Peru, but we do
net despair of the safety of Bolivar.

[MOP NINO POST:I
• The French Papers which arrived yesterday
contain communications from Odessa to the 21st
.which furnish additional details respecting
the cause and the manner of the fall of I psara.
The former is again ascribed to the treachery of
the major part of the Albanian garrilon, but the
charge embraces other individuals, unconnected
indeed with the island, hut bound by the corn-
awn tie of Christianity not to have sold the
blood of Christians. The Patriarch of
tinople, horrible to say, is charged with having
taken it leading part In those dark machinations,
and to have greatly contributed by his secret ex-
hortations in inducing the Albanians to betray
the cause of the Cross. 46 The position of a Patri-
arch, placed immediately under the dagger of the
iultan," says the acconnts, (and they might have
added, the creature of the Turkish Court) "may
to a certain degree explain the conduct which
he has pursued, but what can the Franks of the
Last, implicated in this nefarious transaction,
"1 to palliate so atrocious and so Anti-Christian
an act.l'.4 We leave them to answer this question
at the bar of their own conscience, until they are,
summoned to receive from a higher tribunal the
awful condemnation due to such deep criminality.
The chastisement which they deserve could
scarcely he inflicted by man. Divine Justice
alone possesses both the knowledge and the
paWer to apportion it to the guilty. These "n"
munications state that notwithstanding the trea-
chery 'the garrison, the .brave losarlots, with
.$OO Albanians who remained faithful, repelled,
during the n hole of the 3d. they attacks made by
shout 90,000 Turks on their city. On•thedth the
Captain Pacha reinforcedhis troops with the crews'
let the Greeks maintaiiied
of some of his ships, and
the fight till six. o'clock in-the evening, when re-1
duced to a few hundreds, and overpew,„d with,
fatigue, they resolved to put an end to the contest)

in a manner worthy of tbe glories of their ancestors.
This fact had been asserted before, but it is now
confirmed kb% detailett ma►nntr which entitles it
to be credited. They tbrew themselves into the
fort of St. Nicholas, where their wives and
dren had been secured, and: from whence they
continued for some time to tire upon the enemy.
At eight o'clock the batteries became silent, and
the Turks profited by that circumstance to esta-
blish themselves as closely to the fort as possible.
On a sudden a general cry of " Long live
Greece!" rose from ull the men and women
within' the fort. It then blew up, and buried in
its ruins, together with the last of the I pea-
rlots, all the 'Turks .who were within reach of
the. explosion. So complete was the destruction
of those brave isltinders (with the exception of
those , who were on board 'their vessels of war
which escaped) that the reward of 500 piastres
offered by the Captain Pacha to those who should
bring him one I psariot alive, was not claimed in
one solitary instance !

[MORNING cunosstct.t.i
A proof sheet has been transmitted to us of a
Statement of Facts connected with the suppres-
sion of The South African Commercial Advertiser,
which the proprietor of that Paper was unable
to publish from the circumstance of his press
being seized as he was about to throw it off, by
an. arbitrary order of the Governor. We can-
not say that we are surprised that acts of this
description should take place in our Colonies.
Uncontrouled poWer prOduces every day in Eu-
rope the worst effects on men of the best disposi-
tions, and the best talents, and the Governors of
our conquered Colonies, and New South Wales,
are unfortunately quite absolute. In Europe.
the people under absolute Governments have this
advantage over the people in our Colonies, that
men in office are generally selected with some
reference to abilities nod acquirements. But with
the exception of the East Indies, the Govern-
ment of which, with all its faults, generally, we
believe, avails itself of talents, our Colonies are
unfortunately considered as mere places of refuge
for the relatives of our Aristocracy of whom no-
thing can be made in this country. This is what
constitutes fitness for a Colonial Office; and so far
from beinenstonished at thedisgracefulsceneswhich
ire constantly taking place 111 our Colonies, every
person capable of reflecting at all upon the matter
would be astonished were he to find common shill-
ties in the holder of a colonial appointment of any
• value. Of Lord Charles Somerset the less that
is said the better. In fact, nothing more is
wanting than the perusal of a Cape of Good
Hope A Imanark, to satisfy the British public
what sort of personage he is. Would it be be-
lieved, that in a country of boundless e> tent,
' with only a settlement here and there, where the
greatest enemies the Colonists have to contend
withoire the wild animals, it could possibly enter
into the head of any rational being to introduce
laws for the preservation of game ? One would as
soon expect to hear of laws in Turkey for the
preservation of the plague. Yet it so happens,
that a code which would do credit to Sir
John Shelley himself, guarding against the pos-
sible distinction of the game of Africa, oc-
cupies a goodly space In the Cape Alma-
nack. After such 01 specimen of wisdom, all
criticism on this personage would be thrown away.
New South Wales is also dreadfully scourged.
We some days ago exhibited a specimen of the
impertinence of the Colonial Secretary, Major
Goulburn, in the answer which he made poor Sir
Thomas Brisbane return to the Presbyterians,
who wished to build a church at Sydney. This
precious document was published by the Secre-
tary himself in the Colonial Gazette! What are
we to expect from persons so destitute of discres
Lion, as to publish such evidence against them-
selves ? We have before us it blank printed
lease by the Governor to the settlers for 21 years,
in which, after stipulations for payment of the
quit-rent, and the reversion of the lands to time
Crown in case no distress be found, there is the
following clause
Provided, also, that the said shall in no way
either divide the said land, or separate or partition off any part
or parcel thereof, or directly or indirectly lease, let, sell, alienate,
or transfer the same, or any part thereof, or any buildings
erected thereon, or any part thereof, without the license and
consent of the Governor of the Territory for the time being, for
that purpose, first had and obtained ; any or either of which
cases above-mentioned this present lease to be and become ab-
solutely null and void. '
Now, let us only think of the mischief which a
clause of- this kind is calculated to do?---In a
new Colony, in which every sort of encourage-
ment ought to be afforded to enterprising indivi-
duals, the Government tell the Settlers—You
may lay out money In the cultivation of your
holding, or in the erection of buildings, but you
do it at your peril ; if you are disappointed in
the expectations you entertained when you made
this outlay—if you do not succeed in your under-
taking, you will obtain no equivalent for the
capital you have sunk in buildings and improve-
ments,—take care, therefore, what you do.
Few private proprietors in England, except under
very:particular circumstances, would think of re-
straining a tenant from disposing of his lease; and
yet men invested with a trust, having expressly
for object the good of time settlers, either from
stupidity, or from n wish to have every man in
the Colony dependent on them for his property,
do not hesitate to clog the leases of the public
lauds at their disposal for the public benefit with
A clause so hostile to all enterprise.

[HORNING rikRALD.]
There is no leading article in this Paper
to-day.

Sunday morning last, a female servant in the
house of Mr. Block, of Kentish Town, was found
in one of the apartments dreadfully mutilated,
tier head being nearly severed from her body. A
large carving knife was lying by her side,covered
with blood. There is no accounting for the trans-
action, us tho deceased bah been treated by the
family and her fellow domestics with the utmost
kindness.

At the Sligo Assitos, a man named John Bre.
Ilene was found guilty rif robbers, and return.:
mended try the Jury to mercy, when the Judge,
in answer to the retommendation,said,“ Ileshould
he Banged in the gentlest way possible."--(Wei-
tern Ltintinary.)

ASSIZE INTELLIGENCE.

DURHAM, AUGUST 10.
CROWN AIDR.

At nine o'clock this morning Mr. Justice BAYLEY took his
seat on the Bench. His Majesty's Proclamation against Vice
and Immorality having been read, the following Gentlemen
were sworn in on the ()rand Jury s—The Holt. W. J. F. V.
Paulett, M.P. for the County Foreman; the Hon 11. T. Lid-
dell, the Hon. A. Cochrane, W. Hutchinson, Esq., C. Ellison,
Esq. M.P., A. Aylmer, Esq., it. E. D. Sh
aft°, Esq., J. It.
Fenwick, Esq., W. Cheater, Esq. `Wright,
, J. Allen, Esq., R.
Esq., T. R. Grey, Esq., R. M. Dinsdale, Esq., W. T. Green.
well, Esq., 0. Fenwick, Esq., G. T. Leaton, Esq., It. Shaw,
Esq., J. CartwrightA Esq., G. T. Fox, Esq., B. Abbs, Esq.,
T. Cookson, Esq., D. Seddon Esq., and F. Johnson, Esq.
Mr. Justice BAY LEY proceeded to charge the Jury. He
had requested their attendance at rather an earlier hour than
usual, because it appeared to him, on looking over the Calen-
dar, that the time aUutted for holding the Assizes would be
hardly adequate to the Gaol Delivery, and the other business
of the Assizes. His mind, however, had been materially re.
lieved upon this point, on looking over the greater part of the
depositions, one which had not been yet returned, and the
others had been sent in rather later than usual. He men-
tioned this only with a view to point out the necessity of having
the depositions sent in in time, as it was the duty of the
Judge to examine them before he charged the Grand Jury.
In case No. 4, a charge of maliciously stabbing, it appeared
extremely probable that there would not be sufficient evi-
dence to support the capital part of the charge ; for, if
blows had been given before the stabbing, and death had
ensued, it would only have been manslaughter, unless it could
be shown that the accused party had commenced the at.
tack with an intention to cut and maim the other party. In
the case marked No. 7, the prisoner was charged with the
crime of murder ; but from the depositions it appeared to him
to amount to no more than manslaughter. It was the case of a
man who
,had remained until a late hour drinking in a pub-
lic-house, and to remove whom force, - perhaps more force
than necessary, had been used. If the prisoner, acting under
this impreation, lout inflicted the fatal blow upon, the person
whom he supposed to be injuring him, then the offence would
amount only to manslaughter, and the Grand Jury would find
their bill accordingly. In the case No. 9, a charge of vio-
lation, it appeared that the evidence of two persons, named
Robson and Coats, was necessary to throw a light on the
question, and then, whether the statement of the woman was
or was not true. In such cases it was generally expected
that there should be some confirmation of the woman's state-
ment, and it would be important to inquire, whether, as
soon as possible after the transaction, she made complaints
to her friends, or to those about her, of the treatment she
had received. In the case marked No. 10 (a heinous offence)
they would take care not to find a bill for the capital
offence, unless the evidence was fully sufficient to support
the charge. As the discussion of such questions was always
nauseous, frequently productive of the most injurious effects;
unless, therefore, there was sufficient evidence, the Jury would
find a bill for the misdemeanor. No. 13 was a case which re-
quired their most serious attention. It wits &charge against the
husband of administering poison with intent to destroy his wife.
In such cases the wife was a competent witness against her bus.
band. It appeared from the depositions of the wife in this case,
that her husband had been subject to fits of mental derange-
ment for some time before the alledged commission of this act.
—Should this appear to the Grand Jury, they could not of
course find the bill. The charge No. 10, (cutting and maim-
ing a horse), he wished to allude to, because the law upon
that subject had been recently altered. Before the 4 Geo. IV.
c. 21, it was necessary to prove that the accused entertained
malice against the owner of the horse before he could be con.
victed. But that act removed the capital part of the charge,
and made the cutting and maiming a smiple felony. The next
case, and the last to which lie wished to call their attention,
was No. 23, (a case of alleged child-murder), and as far as the
depositions went, he was at a loss to see upon what grounds a
commitment had been made out. • There was no foundation
for the charge. It appeared that the woman had been deliver-
ed of a six months' child, which could not have been born alive,
at least there was no evidence of its having eve! been alive,
and yet upon this evidence was the woman committed.—
He believed he had now touched upon all the cases that required
any observation from him. He wished however to mention one
matter for the guidance of the Grand Jury in the very great and
important services which they were in the habit of render.
ing at the Quarter Sessions. It had been imagined, and the
impression had been acted upon in Criminal Courts of very
great practice, that the 3d of Geo. VI. had altered the law with
reference to the receivers of stolen goods. That question had
been very recently under the consideration of the Twelve
Judges, and they were of opinion that the Act in question
made no alteration in the law, but that with reference to re-
ceivers of stolen goods,_ that which was before a felony, con-
tinued to be so, and that which was before a mi3ulemeanour,
was still held to be a misdemeanour. The Grand Jury would
have the goodness to direct their attention to the gaols, and see
that the prisoners were properly employed, with reference to
age, previous accupations, Etc. It was for them to inquire and
point out if any and what improvements could be made in the
existing gaol regulations. Ile had nothing further to add,
but should be most ready to afford them any assistance in his
power, if they required It.

CUTTING AND MAIMING A HORSE.
John Hewitson was put to the bar, charged with having, on
the 10th of July, maliciously cut and maimed a mare and a
gelding, the property Thom„s, a farmer, residing
n the Pariah of Darlington. It appeared, from the prose-
cutor's evidence, that, In July last, the prisoner was sent to
mow thistles in a field where the mare and gelding were. In
a short time he returned, and told prosecutor that the gelding
had met with an accident, and had cut his leg with the scythe.
Prosecutor told prisoner to get a poke and some oats in order
to catch the horse; he then proceeded to the field, and the psi-
Honer followed him; prosecutor asked him why he had not
brought the oats, and he said there was no occasion, the horse
was good enough to catch (easily caught), as his foot was
nearly cut off; prosecutor examined the horse, and found him
bleeding profusely, his near fore foot was nearly ofl', and he
was standing on the stump; the wound was on the inside of
the leg ; the prisoner said he had laid the scythe down, and
had driven the horse and mare into the lane, and that the horse
had run back into the field, and got upon the scythe; prosecutor
found the horse standing 2544 yards from where the scythe lay;
there was no sprinkling of blood, nor were there any horse marks
between the horse and the scythe, though it had been raining
before, and the ground was very soft ; prisoner was challenged
with having cut the horse intentionally, and denied it ; he then
insisted on going away, and finally 'el the prosecutor's service,
saying what wages were due to him prosecutor might keep
as a recompence for the injury done to the horse. The farrier
was sent for, and by his advice the horse was killed ; he had
had sonic words with prisoner about a week before about the
quality of his supper, and he had that morning found fault
with him for not getting up to work early enough. On that
night the snare was brought home, anti it was found that she
had two cuts in the neck. On his cross-examination, prosecu-
tor admitted that the next morning prisoner came to him and
told him he would raise what money he could among his
friends to buy him another horse, and would stay and work
for him to make it up. Prisoner cried, and seemed sorry for
what had happened to the horse ; he went for the farrier.
John Darling corroborated the main facts of the prosecutor's
statement ; he thought the wounds upon the mitre had been
inflicted with a knife, and not with a scythe; the wound on
the horse was half way between the fetlock and the knee ; the
sinews of the leg were cut' through. lie thought the cut upon
the horse could not have happened by accident. Several wit-
tICSNCII gave prisoner an excellent character.
Vertlict-Not Guilty.

CURIOUS CASE.
John Parkins, a butcher, was put to the bar, charged with
having, on the evening of the 4th of November, at Huddersfield,
stolen and carried away a bunk note, value 1001., the
property
of Thomas Briggs, a clothier, residing in the vicinity of that
town. It appeared from the evidence, that prosecutor had been
drinking in a public-house on the evening in question, and
having got a little inebriated he became desirous of displaying
his wealth. He took from his packet-book a note of 100/. and
tauntingly asked, " who could show a note like that ?" lis
more humble companions were silenced in a moment, and the
independent hosier replaced his note in his pocket-book, and
Ills pocket-book in his pocket. It would appear, however, that
the display of the money had not failed to produce its ordinary
effects. The prisoner became anxious to be able to chew such a
note, but finding that impossible, he boldly determined, if not on
displaying, at least on securing the identical note itself. How
lie accomplished his purpose did not appear; but he left the
house, and the prosecutor shortly after " found his casket
rifled, and all hls treasure gone." For some time there was no
trace of the robbery, at length the prisoner was detected offer-
ing the note for change at the Darlington Bank (Bacichouse`s),
and not being able to give a very satisfactory account of him-
, self, lie was taken into custody. The prosecutor said lie knew
the note, but he had no marks upon it to distinguish it from
any other.
His LORDBUIP charged the Jury, who retired, and in a short

• In the course of the day the Grand Jury threw out the
bill, and the Counsel far the prosecutor having applied for the
expences of his witnesses, Mr. Justice Bayley said he had
never known such Ai commitment ; a six months' child was
brought forth, the bones of which could not be found, there
was no appearance of life, and yet it was asserted that the child
had been born alive, and that its unhappy mother had mur.
wed it I

time returned and stated, that they found the prisoner
not of stealing, but of keeping the money and appropriating it
to his own use.

Mr. Justice BAYLEY told the Jury, that they must either
find the prisoner guilty of the charge, or acquit him altogether.
The Jury again retired, and in a short time returned a ver-
dict of—Not Guilty.
This 'verdict was recorded, and Mr. Justice ILtYLET. told
the prisoner that he had had a narrow escape, and advised him
to take care and pursue some calling by which he could in fu.
ture support himsdf and his family respectably.
The prisoner bowed gratefully to his Lordship and the Jury.
At this moment a Juror said—My Lord, I think the priso-
ner Guilty. his Lordship turned round, and addressed a few
words to the Jury in a tone so low as to be inaudible to us, as
we were at a distance; after which they 'retired.
The situation of the prisoner from this moment was pitiable
in the extreme. Only a few seconds before, he appeared de-
lighted with the idea of joining his wife and family ; but all at
once his countenance fell, and he appeared much more agitated
and uneasy than he had been during his trial. In about two
hours the Jury returned, and gave in a verdict of Guilty.—
This sentence almost overpowered the unfortunate prisoner ;
he was removed from the bar without saying one word.
Mr. Justice BAYLEY told the prisoner's Counsel (Mr. Losh)
that his client should be entitled to the benefit of any point
which might turn upon his having allowed the Jury to retire a
second time.