The Sun.
London, England, 1840-01-20 00:00:00

Sir,—l have the honour to acknowledge the receipt
of your letter of the 2d instant, in which you inform me,
that at the late Quarter Sessions of the county of
Warwick, a motion was made by Counsel on behalf of
the prisoners Collins and Lovett, for some indulgence
with regard to diet ; and on which occasion the Court
decided that the application must be made to the Secre-
tary of State, and that they were satisfied with the de-
cision of the visiting Magistrates, and left the decision
entirely to them.
After referring to the conduct of the Magistrates in
administering the law with reference to the treatment
of these prisoners (of which conduct you entirely ap-
prove), you observe—" It is quite clear that neither
the Visiting Magistrates nor the Court of Quarter
Sessions ought to interfere, except on the application
of the surgeon ; and that the only quarter from which
any indulgence can proceed is the Secretary of State."
I am not aware that the Secretary of State has
the power to enforce or prescribe the observance of
prison diet in the case of the prisoners. I can-
not find, upon inquiry, that such authority has been
ever exercised by the Secretary of State ; and it must
be obvious to you, that the exercise of such au-
thority would be subject to much inconvenience and
objection in various points of view. I believe the
power given by law for the regulation of the diet of
prisoners is vested in the Magistrates at Quarter Ses-
sions, as appears to me clear from the 10th clause of the
Gaol Act, 4 George IV., c. 64, articles 13, 14, 15, to
which I request your particular attention. lam not
aware of any alteration of the law upon this subject
by any recent statute ; or of any power vested in the
Secretary of State by which he can, in the case of the
prisoners before-named, reverse or control the regulations
adopted by the Visiting Magistrates at Quarter Sessions.
With reference to the latter part of your letter, in
which you observe on the unequal and disproportionate
effect which the general regulations, as to diet, may be
expected to produce on individual prisoners, in conse-
quence of their former habits of life ; and inquire of me
whether, in the case of particular prisoners, I might not
relax some of the hardships of the diet regulation, I beg
to inform you that I entirely concur in the general ob-
servations made by you, and hope you pressed them
upon the consideration of the Magistrates at Quarter
Sessions, when application was made on behalf of the
prisoners.

In the case of Lovett more especially, whose general
health has been reported to be delicate, I should have
thought that some relaxation might have been reasonably
made, and a better diet allowed, without prejudice to
the prison discipline, or to the general regulations of the
gaol.
I request you to make known this communication to
the Visiting Magistrates, and to any other Magistrates
who attended the quarter sessions, with whom you may
wish to confer.

I have the honour to be, Sir,
Your most obedient humble servant,
N ORMAN BY.

To Sir E. Wilmot, Bart., M.P.

London, Jan. 10, 1840.

My Lord,—As you have been so obliging as to di-
rect my particular attention to the 13th, 14th, and 15th
articles of clause 10 of the Gaol Act, it is with great
submission to your Lordship's better judgment that I
am compelled to say, that my opinion as to the quarter
from which any relaxations of punishment to Messrs.
Collins and Lovett should proceed is strengthened and
confirmed.

The 15th article declares, " That no prisoner. &c.,
shall receive any food, clothing, or necessaries, other
than the gaol allowance, except under such regulations
and restrictions, as to the justices at general or quarter
sessions assembled may appear expedient, with reference
to the several classes of prisoners ; or under special
circumstances, to be judged of by one or more of the
I,,siting justices."
In obedience to this direction, the justices at quarter
sessions drew up a dietary, which was signed by the
Secretary of State for the time being, which dietary was
with reference to the different classes of prisoners,
and is the only law of the prison. It never was or
could be intended that the quarter sessions could from
time to time vary this dietary in each class, accord-
ing as the prisoners in each class might consider
themselves uhjistly- treated ; and thus have the power
of ordering as many different dietaries in each class as
there were real or imaginary shades of criminality in
each prisoner. What the Quarter Sessions may,
should, or will do, in revising the present dietary, or
making a new one,,is another question. But till this is
done and signed by your Lordship, the present dietary
must continue the rule of the prison.
The special circumstances under which the Visiting
Magistrates are empowered to make exceptions to the
rules of the prison must mean as regards the health
and safety of the prisoners, and the discipline
and good order of the gaol. It never could
have beta intended to invest them with the power
of mitigation of punishment, or diminution of the gall-
' ing effects which the sentences of 4 Court of Law have
entailed upon them. Their duty is to put in force the
: law, and see the proper execution of it, if it can be done
without physical injury ; but the attribute of merciful
relaxation of punishment, or a mitigation of those hard-
, ships which their sentences have imposed, is alone the
prerogative of the Crown.
It was because I felt convinced that the Quarter
Sessions had no power, by the 15th article, to make a
distinction between one prisoner and another in any par-
ticular class of offenders, and that the Visiting Magis
trates, through their humane and intelligent surgeon, re-
ported that no alteration of diet was necessary, that I ab-
stained from pressing upon the Court of Quarter Ses-
sions those observations in which your Lordship does me
the honour to say you entirely concur. When the
present dietary shall be revised, and the one class of
misdemeanants which now prevails shall be further sub-
divided, then will be the time for urging the propriety
of a further distinction of offenders.

I am, my Lord, your Lordship's obedient servant,
E. EARDLEY WILMOT.
The Marquis of Normanby, &c.

COMMISSION OF LUNACY.

Monday a Commission of Lunacy was opened at the
White Hart Inn, Clapton, before Mr. Commissioner
Winslaw, to inquire into the state of mind of Mr.
Robert Long Kirkman, an artist, formerly of How-
land-street, Fitzroy-square, and now an inmate of Dr.
Munroe's Lunatic Asylum, Clapton.
Mr. Rogers, who attended as counsel in support
of the commission, said the subject of the Commis-
sion had not completed his twenty-sixth year, and
was brother to Mr. Kirkman, pianoforte manu-
facturer, in Soho-square. He was exceedingly
clever in his profession as an artist, and previous
to his being deprived of his reason was a young man
of a lively :and amiable disposition, and of steady habits.
In the course of his studies he went to Paris, and there
he remained for some time, and on his return a change
of a decided character was observed in his manners and
conduct. The circumstances which gave rise to that
change his friends had not been able to discover, and
up to this moment they remained ignorant of them.
Several witnesses were called, and among others Dr.
Munroe, when the following dialogue took place:—
Mr. Winslow—Does he ever use his pencil ?
Dr. Munroe—Yes ; sometimes he will sketch horses'
heads, but very indifferently.
Mr. Rogers—l presurne,if he showed great skill in
drawing, it would not alter your opinion of his insanity ?

Dr Munroe—Oh dear, no ; we have several inmates
in Bethlem Hospital that are most excellent artists, and
I may mention that one of them some years ago drew a
plan for the erection of the new building, which was
exceedingly clever, and was laid before the governors,
and very nearly adopted.
The evidence was conclusive, and was confirmed by
the demeanour and answers of the unfortunate gentle-
man himself.
Without troubling the Learned Commissioner to sum
up, the Jury found that " Robert Long Kirkman had
been a lunatic since the 17th of August, 1838, and was
incapable of managing himself or his affairs."

EXTENSION OF THE METROPOLITAN Po-
LICE.—The final arrangements having been completed,
on Monday last the Metropolitan Police took posses-
sion of the whole of the district comprised within a
circle of fifteen miles from Char'ng-cross. On Satur-
day Mr. Mercer, the Mayor of Kingston, received a
communication from the Secretary of State, informing him
the police would come on duty on Monday, and he im-
mediately suit for Cook, the superintendent of the
Kingston police, and told him that neither his services
nor those of his men would be any longer required. The
whole of the men were discharged at this short notice,
and none of them have been considered eligible for re-ap
pointment in the new establishment. At Croydon the
magistrates received a similar communication, and
twenty-five men belonging to the P division arrived
in the town on Saturday and commenced duty. Cal-
lingham, the late superintendent, and most of the men
have been re-appointed. 'lt is said that the old plan of
holding petty sessions once a week in those places has
been done away with, and that there will be a police
sitting every day. The greatest secrecy is, however,
observed upon the subject, and the inhabitants and the
authorities of the different towns were entirely ignorant
of what was intended to be done until they received the
notification in question from the Secretary of State.
The general impregsion is, that the Government intend
to follow up the present (-flanges by the appointment in
the police district of a stipen4iary magistracy.
PUSEYISNI.—The Bishop of Chester has pub-
lished an address condemning as highly improper and indefen-
sible the " new light doctrines" of Dr. Pusey and others ;
which he designates as an attempt from within the Church
to assail the Reformation, and to introduce the worst and
most destructive doctrines of the Romish Church. The Bishop
of Exeter advocates apostolic succession, regeneration by
baptism, and the Divine right of the priesthood. The clergy
attend political dinners, and declaim against the Government.

COURT OF QUEEN'S BENCH, Ja.v. 18.
( Sittings in Banco.)
BUSINESS OE THE COURT.
Sir F. PoLLocK said that he had been requested by
his Learned Friend, the Attorney-General, to request that
the Court would continue to him the indulgence they had
before shown to him, by not taking any case in which
he was engaged, as he had been detained very late last
night, and his presence was indispensably necessary else-
where this day.
Lord DENMAN said that under those circumstances the
Court would grant the application.
In the course of the morning one or two cases were, in
consequence of this arrangement, passed over, and others
called on, in which the Counsel were not prepared to pro-
ceed. In one of these cases—
Mr. ALEXANDER said he had been engaged at the trial,
but had received no instructions to oppose the rule; but if
the Court would allow him, he would make some inquiries
on the subject.
Lord DIN MAN —Our whole term will be spent in mak-
ing inquiries , parties ought to be more attentive to the
business of the CCIli t.
Mr. ALEXANDER—I hope, my Lord, I have done no-
thing disrespectful to the Court.
Lord DENMAN—By no means; my observation was not
meant to be addressed individually to any person, but was
intended to be general. All this .erm the Court has shown
the utmost willingness to accommodate all parties who
come before it, but I have been sorry to observe a growing
disinclination to accommodate us from persons whom we
know positively not ti be engaged elsewhere.
Several cases were than called on and struck out, where
neither side attended, or decided in favour of the side
which attended. Among other cases struck out, was that
of the " Queen v Muntz." Shortly afterwards—
Mr. Sergeant ADAMS came into Court, and said he was
sorry to hear the last case had been struck out.
Lord DENMAN—Yes, Sir, ! am happy to say that case
is struck out, and if no other benefit is obtained by our
proceeding, we have at least got rid of that case.
Mr. Sergeant ADAMS— I have but this moment received
my papers, therefore I am not individually to blame.
Lord DEN MAN—I did not even suppose you were.

KILRUSH PETTY SESSIONS.

" Pretty wig making, and no hair on the block !"

Sheridan acknowledge' himself "over head and ears in
debt" when he had not paid for his wig; Larry O'Leary
appeared before their worships in a similar predicament,
for with a head as bare as that of the
" Bald Coot bully, Alexander,"

he came forward to answer a charge of having unlawfully
made his own of and subsequently demolished a wig, the
property of " little Siny Scales," who bad manufactured
the Calton for said O'L-ary, in consideration of the sum
of 6s. 6d., which moneys Mr. O'Leary declined paying,
and managed to demolish the wig in the scramble that
ensued
" Arc you a wig-miker ?" said his Worship.
Siny Scales coloured and looked down; then hemmed,
and looked up. " Why then lam an' lam not," he re-
turned; " I do be thryin' me hand at id for work ov an odd
time, bekase you see, Sir, I spint three months ov a time
in the house wid an aunt's brother o' mine that was a wig-
maker be thrade, an' be dad 'twould surprise you sometimes
the nate fit I give."--( A laugh.)
‘. Oh, don't be wiggin the gintleman, Siny, dear," said
O'Leary facetiously ; see, your reverence, that I may be
cut up into four-pound pieces, but 'tis more like a thrush's
nest what that little excuse for a man manefacthers, than a
real wig; but the times are bad, be gonnies, an' thim
that has no hair—' you understand me, Sir, there's an
ould sayin'. Iss, indeed, 'tis only the hoight o' distress id
make a poor man put his skull undher the like ov a hedge-
hog's skin or the kind."—(Great laughter.)
Magistrate—" When did you last demand payment for
the article, Scales?"

" Be dad only ere istherday, Sir," replied Siny, " I met
Larry as consated as you plaze, houldin' up his head like a
recreutin' sargint, an' his hat 'pen three hairs. ! I must
have money or marbles, Misdr O'Leary,' says I. Don't
spake to me, you little botch,' says he,' sure 'tis in dbread
lam to turn me head,' says he ; so it is, or this example
ov a wig will fall o' me.' Yid that he was passin' on, an'
well an' good ov he was, I med a spring, thru off his ould
hat, grabbed me wig, an' away I skirriss'd."—( A laugh.)
O'Leary—" Arra, Siny, eroo I why don't you mention
the headache you gel, me, from the polthogue in the side
of the head I got from your own purty fist."
"Oh 1 God love you, and give uz pace," returned the
cranium-thatcher ; " be all that's lovely, gentlemen, he
never waited to pick up his caubean, but followed meself
hut fut an' gev me a thrip, that I'll be bail soon upsot me.
Dickons Noise you, you schemin nagur I' says he,
dhraggin the wig from me ; ' bad luck to you, what a
show you make o' the people !' then he gave me a fist in
the pit o' me stomach, an' tore the wig into fifty-nine
pieces. There now I' says he may be you'd wait 'till
twou'd be convanient to your customers to pay you, ever-

more."

His Worship inquired if a portion of the wig yet re-
mained ?
" Alileu I be Jepurt it's just so, Sir," exclaimed Larry
O'Leary, banding up something like a singed fragment
of a furze-bush, " put on the gloves, your Reverence,"
continued Larry, with is significant nod, " an' p• asarve that
for the barristher as a pattern ; I'm not joking, Siny
Scales, though 'tis a could bare skull you left me this day."
" You never ped a lawful debt yet," growled little Slay.
"Thine for you aragal," returned Larry, pocketing the
specimen of the little friseur's skill, " an' more shame for
me, whin I had you down, that I didn't settle the balance
between uz, afther you openin' an account on the side o'
me head."

After a few more jocose observations, and a solemn pro-
testation on the part of " little Siny Scales" that he had
received five shillings each for wigs of a similar pattern
and manufacture, at the last Ballyket fair, Mr. O'Leary
was directed to pay three shillings and the casts, which lie
did rather reluctantly, remarking that " now let people say
what they liked, 'twas a dhroll world they lived in."

POLICE INTELLIGENCE.

Q UEEN- SQUARE.

THE FRACAS AT THE KEI;SINOTON THEATRE.—Mr.
John Valentine Bowes, late stage-manager at the Kens-
ington Theatre, and at present one of the corps drarnatique
of the Queen's Theatre, appeared on a summons charging
him with having embezzled divers sums received by him
on account of the lessee, Miss Vivyan.
The circumstances which led to the summons being
granted are these :—Miss Vivyan opened the Theatre on
the 26th ult., but in a few days discovered that it was the
very reverse of a good speculation. On last Monday week
Jack Sheppard was announced for representation, and
not choosing to " waste her sweetness on the desert air,"
she deputed Mr. Bowes to receive the money at the doors,
and apply it in paying the several salaries, or, in other
words, it was what is termed "a sharing company. " Indepen-
dently of his post as stage manager, Mr. Bowes was cast
for Jonathan Wilde; and at the conclusion of the third
scene, after the audience had been " gagged" for ten
minutes, in hopes that he would make his appearance,
Jonathan Wilde had played the part true to nature by
decamping with, as was alleged, the money received at
the doors. The remainder of the company, fearing the
indignation of the audience, followed as soon as they
could huddle on their clothes; and the seats of the theatre
were immediately torn up, the windows nearly all broken,
and the company were followed to a public-house, where
they had taken refuge. A complaint was made by Miss
Vivyan at this office on the Wednesday following, but as
the case was not set off in a way by her to induce the
Magistrate to consider he was justified in granting a
warrant, she was recommended to apply to her soli-
citor. On Wednesday Mr. Bowes, who had been met
at Lambeth, and given into custody, was brought to
this office, and, on the undertaking of his solicitor that he
should be forthcoming at any time, and in the absence of
Miss Vyvyan, was discharged. Mr. Flower, the solicitor,
was put in possession of the facts, and on his application
last Wednesday a summons was granted, on which Mr.
Bowes on Saturday appeared.

Mr. Flower stated' that his client, in the capacity of
lessee of the Kensington Theatre, had engaged the de-
fendant at the salary of IL ss. per week, and having oc-
casion to go to town on Monday week, she deputed the
stage manager, Mr. Bowes, to take the money. Althoug's
various sums had been given, he was only in a situation to
prove the receipt of 155., and he put it to the Magistrate,
whether, if be called the witness who paid that money,
there would not be a sufficient case to justify him in send-
ing the prisoner before a Jury.
Mr. GREGORIE observed that Mr. Flower was lawyer
enough to know as well as he whether his case was strong
enough to go before such a tribunal.
The charge was ultimately withdrawn.

A WORKING CURATE.—Extract from a Cler-
gyman's diary:_" In the last year I have performed Divine
Service 178 times, and preached 144 sermons, besides 32 cot.
tage lectures. And in ad& ion to numerous marriages, church-
lugs, baptisms, and funerals, I have spent 145 hours in the Sun-
day and day-schools, and paid 1,940 pastoral visits, and to pay
them have walked 1,350 miles, and employed 1,030 hours. '