The Sun.
London, England, 1841-08-24 00:00:00

CENTRAL CRIMINAL COURT.

The Sessions at the Old Bailey commenced this morn-
ing before the Right Hon. the Lord Mayor, Aldermen,
Recorder, Sheriffs, and other civil authorities.

It was ten o'clock before the Recorder entered the
Court, but more than an hour elapsed before the whop
of the Grand Jury were sworn. The names of the Grand
Jury having been called over,

The RECORDER delivered his charge to the following
effect :—The interval that had occurred between the last
and the present session had caused the calendar to be, in
point of number, unusually large ; but the cases in ge-
neral were of an ordinary description. There were,
however, some exceptions. There was a charge of rape
under peculiar circumstances, a charge of the serious
crime of murder, and a charge of unnatural offence.
There were also cases in the calendar of stabbing and
cutting, in two of which he thought the facts
would be satisfactorily proved. There was also
a charge not of frequent occurrence, viz.:—
that of child-stealing, and he would call their attention
to the statute and its provisions regarding these cases.
If it was proved that the object was to withdraw the
child permanently from its parents, that is sufficient to
constitute a larceny. The Act which the present
charge came under, and under which they must proceed.
was the 9th George IV., c. 31, s. 31. The Learned Re-
corder then read that section of the Act, which stated
that if any person should detain a child under the age of
ten years, with intent to deprive the parent or parents
or any other person having the care of such child, or
with intent to steal any article from such child, such a
party should be deemed guilty of a felony, and be sub-
ject to be transported fur the term of seven years, or to
be imprisoned for any term not exceeding two years.
He (the Recorder) thought it right to draw their atten-
tion to the form of the statute, because the evidence in
this case proved that the party withdrew the child
from the protection of its parents, with a view
to stealing a portion of the apparel, as a
portion of it was found to be missing when
the child was found. He (the Recorder) had al-
luded to the charge of rape, and the most important
case of this description was a case in which it was
alleged that a child under the age of ten years had been
carnally known. In the course of the last year the atten-
tion of the Legislature had been drawn to offences of
this description, and it had been deemed expedient to
make other provisions with respect to the punishment for
offences of this sort. The alteration made in the punishment
was not that the Legislature conceived the punishment of
death exceeded the offence, but it had been considered
that a punishment short of death might probably lead to
_punishment being applied in proper cases, and thereby
further the purposes of justice as regarded conviction.
Therefore, to obtain the object, it was deemed advisable
to withdraw the capital punishment. The Learned Re-
corder then read the Act as amended by the 4th and sth
of Victoria. Regarding the punishment of death,
it was also enacted that this Act should commence
and take effect on the Ist of October, 1841, therefore
it was not at present in operation. At the same time he
had noticed, that in the Circuits where cases of this de-
scription had occurred, this Ac: had been taken advan-
tage of as regarded the sentence of death. He thought
it ri.rlit to explain to them that, although this Act was
not in operation at present, yet it seemed that it had
been acted upon by the constituted authorities. He had
alluded to the cases of manslaughter, and to cases of cutting
and stabbing. In many of the cases of manslaughter death
had been caused by a single blow, and it was to be
hoped a chance blow. In two instances there was some
previous provocation. With respect to the charge of
cutting and stabbing, it appeared that the parties had
been engaged in a squabble, and one of them havincr
possessed himself of a knife, attacked a person who hade
taken no part in the transaction, and wounded him with
the knife. The other was a case of an unfortunate fe
male—unfortunate in this case—who had been incited to
this act by jealousy. The circumstance might naturally
lead them to suppose that the act was com-
mitted in a fit of passion.. But it was his
duty to tell them that these circumstances were
not to be considered by them. They would
have to consider whether the act was committed
with an intent to commit murder, or some injury short of
destruction. There was one charge of murder itself—
whether it would be presented to them in that shape he
did not know. It appeared to him to be a case of two
drunken persons, a man and his wife, where the female
was of violent temper and given to intoxication, resorting
to personal violence when under the influence of intoxi-
cation. These circumstances would naturally lead
them to the inference that this was the state
of the parties when the blow was struck. However that
might influence their judgment, he would leave it to them
to say whether they thought it only a case of man-
slaughter, or the higher crime. It did not appear to be
necessary to occupy their time with many general obser-
vations on the nature of the duties they were called
upon to perform. They were conversant with the scenes
of life • probably some of them were already acquainted
with their duties. He was happy to say that there was
nut matter to involve difficulty in point of law or fact,
but such as their judgments would readily get over. It
was fitting that he should intimate to them that
in coming to a conclusion they must be careful that the
majority should not fall below the number of twelve, as
the law considered that a presentment could not be made,
unless the majority exceeded that number. The pro-
aeedings in the inquiry laid before them were necessarily
ex parte, as they heard but one side, and they had only to
consider whether the case should be considered by the
common jury. With these general observations he would
remit them to the discharge of their important duties.
They would be detained some days, but they would have
the satisfaction of rendering their valuable services to
the public.

SHIPPING INTELLIGENCE
(LLOYDS.

Losnow, Aro. 23.—Wind this day at noon N.W.

• DEAL, Auc. 21.—Wind S.W. 22a. S.W.—Arrived the
Anna Siebedina, and Arrow. from Rotterdam ; Jacobus.
Rotterdam for Batavia ; Paramaribo, Amsterdam for
Surinam ; Zenobia, Uwen, Calcutta ; Delme, Oporto ;
Flirt, Bordeaux ; Emerald, Hamburgh ; Walter, from
Westward. Arrived from the River the Emerald Isle,
for-Sydney; Springfield, Welsford, and Gilmore, Quebec;
Medora, Cape Coast Castle ; Zante , Trieste ; Paramatta,
Valparaiso ; Pauline Houghton, Mauritius; Ceylon and
Ralph Bernal, Jamaica ; Caledonia, Norfolk ; and Julia,
River Gambia.

STANGATE CREEK, AUG. 21.—Arrived the Marmora,
from Constantinople.
RAMSGATE, Auc. 22.—Arrived the Surinam, from
Amsterdam, for Surinam, with cutwater damaged, hav-
ing been in contact with a vessel off Beachy Head ; Plea-
sant, Sunderland, leaky.
LivEnpooL, Auc. 22.—Wind S.—Arrived the Reis
Effendi, Williams ; John Ormerod, and Rosa, from Monte
Video ; Sandback, Demerara ; Susannah, Cumming,
Savannah ; Fenella, St. Andrews ; Clara and Anna,
Montreal ; Elizabeth and Herald, Quebec - Sea-bird,
ditto ; Branches, White, St. John's, New Bruns-
wick ; Haidoe' Newfoundland ; Wilberforce, Mon-
treal ; Bombay Packet, Bonny, sailed June 5,
and Fernando Po, 7th ; Amelia, Menzies, St. Mi-
chael's ; Isabel, Leghorn ; John Lilley, Barkey, Africa ;
Clifton, New Orleans ; Europe, Mitchell, New York
North Star, Charleston ; Mazeppa, Malta. Sailed the
Adelaide, for Newfoundland ; Iris, Fisher, Calcutta; Mexi-
can, Vera Cruz; Victoria, Berbice ; Chatham, Havannah;
Vermont, Philadelphia; Alexander, Baltimore; Senator,
Mattakesset; Medford and Oceanus Boston; Emma,
Leghorn; Centaur and Black Dog, Gibraltar; Bride of
Abydos, Mediterranean; Thomas Lee, Barbadoes. The
Levant was aground on the S.W. Bar of the Mississippi
on the 29th ult. The Malcolm, hence to Glasgow,
foundered yesterday off Lytham—crew saved. Put back
the Rapid, for Galveston.
OFF THE WIGHT, AUG. 19.—Arrived the Warsaw,
from New York, for Amsterdam ; Diana, New Orleans,
for Bremen ; Dolphin, Rio Janeiro, for Hamburgh.
OFF DARTMOUTH, AUG. 21.—Arrived the Martin Lu-
ther, from Singapore, sailed 24th March.
PORTSMOUTH, AUG. 22.—Wind W.S.W. to S.—Ar-
rived the Sultana, from London for Sydney ; Sylvia and
Pontefract, Quebec. Sailed the Mary Ann, for Madras.
COWES, Auc. 22.—Arrived the Salm' from London
for Port Phillip ; Catharina. Anderson, Buenos Ayres ;
Hope, Collins, New Orleans ; Granger, Quebec.
YARMOUTH, ISLE OF WIGHT, AUG. 21.—Arrived
Mazeppa, from London for Algoa Bay.
SOUTHAMPTON, AUG. 22.—Arrived the Royal Tar
steamer, from Gibraltar, left the 12th, Cadiz 13th, Lis-
bon 16th, Oporto 17th, and Vigo 18th instant. Sailed
the Tagus steamer, for Gibraltar ; Pilot, Quebec.

PLYMOUTH, Auc. 20.—Wind S.S.W.—Arrived the
William Jardine, from London, for Sydney ; Alexander,
ditto-for Port Philip. Arrived off; Sally Bayes, Ancona;
CARLISLE, Auc. 2.—The Samuel, from Quebec, which
capsized on the Red Sands on the 18th, was towed into
Port Carlisle the following day leaky and with loss of
topmasts, bulwarks, &c.