The Sun.
London, England, 1847-07-01 00:00:00

CRIMINAL CASE.

Lieut.-Colonel Lindsay, 21st Regiment, for assault
on John Smith:

This was a proscution instituted by the aggrieved
party against the officer named, for having, while in
command of Fort Peddie, in the middle of last year,
caused him, without trial, to be stripped, tied up, and
flogged, for refusing, to go out and cut firewood for
the post, at a time when the country round was in-
fested with Kafirs. This case, it will be seen, broke
out at the very outs-et. The Attorney-General had
declined to bring the action, and the case had, at the
request of the parties been removed from the Supreme
Court to the Circuit Court at Graham's Town. The
Court was crowded and the proceedings were listened
to with great interest.
Mr. Attorney Jarvis proceeded to state his ex-
ception to the proceedings, namely, the non-com-
pliance with the 20th section of the 40th ordinance,.
and 69th section of rules of the Supreme -Court,
making it imperative on parties who should prosecute
any case after being declined by the prosecutor to
enter into: cognisances and find sureties for the costs
of such f• r ecution.
Mr.. 'en contended with great warmth against
this ion, arguing that the required security had
be ..ered to the acting clerk of the peace, who
had net considered it of importance, and which, there-
fore, had not been given ; but that he then tendered
the required recognisances. He trusted that a case
of this high importance would not be got rid of by a
frivolous objection. Counsel was proceeding to make
some strong remarks upon the merits of the case, but
was stopped by the Court, his Lordship remarking
that he could not permit him to indulge in any,
personalities in addressing the Court on a tech-
nical point ; that the Court knew nothing of
the case except what appeared on the face of the in-
dictment—namely, that it was a simple assault on a
person named John Smith; but that if, as had been
stated, the case involved matters arising out of the
late proclamation of martial law, then it was a sub-
ject which could only be fairly and advantageously
discussed before the Supreme Court, where her
Majesty's Attorney-General would be present to
defend, if they admitted of defence, the acts of the
the Government. Counsel must be aware that he
had no argument here when the rules of the Supreme
Court and these had not been complied with, hence
the case could not be entertained. It was absurd to
argue that the observance of those rules in that case
' had been waived by Mr. Wienand, the acting clerk
of the peace, who had no such authority, and any
such plea could not be listened to for a moment.
[The Acting Clerk of the Peace explained to the
Court that he had not given his assent to any such
informality as that in question ; it was a matter in
which he had nothing to do, and he had stated so,
having told the attorney in the case, Mr. Roberts,
that he had no authority as clerk to the resident
magistrate to issue a summons for the attendance of
Colonel Lindsay ; but he urged him to do so and he
complied, Mr. Roberts saying he would take upon
himself all the responsibility.]
His Lordship inquired in what manner otho par-
ties were brought into Court? The Acting Clerk of
the Peace replied, by writ of the Supreme Court.
Mr. Ebden then requested that the case might be re-
turned to the Supreme Court. His Lordship replied
he had no power to make any order whatever upon
the subject, the case was not before him ; had it
been, he trusted Counsel had seen sufficient of him
to know that he should have treated it upon its own
merits, without any reference to the rank or station
of the parties. His Lordship added, that all docu-
nwits in the Circuit Court were returned to the Su-
"lie Court, and the indictment in that case, and
•which was the only document sent up, would be so re-
turned in due course.

Exception allowed and case dismissed. The ques-
tion of costs referred to the Supreme Court.
Mr. Advocate Ebden gave notice that the process
would be carried on in the Supreme Court.

4. CIVIL CASE.-J. SMITH V. MAtTIN LINDSAY.
On' 111:ursdply' the action 1110:iin;‘,t Lieut.-Colonel
Lindsay,•at the suit of John Smith, for damagkiaid
at 1,0001., for having caused him to be flogged at
Fort Peddle, &c., came on for hearing, Mr. Advocate
Ebden appearing for plaintiff, and Mr. Attorney
Jarvis for defendant. The Court suggested that the
case shoUld be removed by consent to the Supreme
Court in Cape Town. This the counsel for the
plaintiff stated he could not consent to, dwelling very
forcibly upon the hardship to which plaintiff would
be subjected by such removal.
The Judge, on the other hand, contended that the
case was one which involved questions connected
with the promulgation of martial law, and which
he felt it his duty, with or without consent,
to remove to the Supreme Court, where alone
it could be properly determined. The counsel

for the prosecution then moved that costs might be
given him, and on the court demurring to this, en-
tered into a lengthened and warm argument, the ob-
ject of which was to show that the course of justice in

this case had been improperly turned aside. The
judge, with eloquence and dignity, rebuked counsel
for the intemperance of his language, and again
pointed out forcibly the impropriety of his determin-
ing singly a case involving matters of such vital mo-
ment, and which was connected with the acts of the
Government while defending the colony. He had
consulted his brother judges, and they were of opinion
that it would be improper to entertain a question of
such moment on circuit. Case removed accordingly,
and the question of costs referred also for the con-
sideration of Supreme Court.
This decision of the court seems to bear ex-
tremely hard upon the plaintiff, who is clearly
entitled to redress for hiiiing been treated
with indignity and cruelty by order of the de-
fendant. The judge has givqn his reasons for im-
posing on the injured party, a poor youth, the neces-
sity of taking his witnesses to Care Town, a distance
of 600 miles, and in which, it must be admitted, there
is considerable force. Without prejudging the case,
we may say that we have al,Altys viewed the act of
Col. Lindsay as a wanton stretch of arbitrary power,
not warranted by the rules of the military
.service,
still less by martial or any other law then in force.
Still we are quite willing that Co'onel Lindsay should
be dealt with fairly, and that everything should be
said in his defence that can be urged; but on the
other hand his rank in the service must not screen him
from the consequences of the commission of an illegal
act. Standing, however, as the judges of this eolony
do, high in the estimation of the public for fearless
independency, it may be confidently assumed that the
whole matter will in their hands be so disposed of as
shall fully meel.ll2._city222.2_iblic justice.

SOUTH AUSTRALIAN BANKING COMPANY.—Tues-
day the sixth annual meeting of this company was held
at the office in Old Broad-street, City. The chair was
stavbikeilerdienobnugysbrtye.rhcaioEetylpa.y.rlDishiivett, Esq., ISLP. Mr. Wheeler, the London
itmanager,
nppar e readd
that
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other
drrmaryitsrt
:midftorowhne rneais
with
hthsedoo pastexratmfthoefsuae nannoidpraudoe ?dgpp,
heieurrnwal fromoAarhopthkosdretint,
rnihaogctlnohoi
woawlrofooehfnhuvti
cyceghaahrdhe:,
largep i t a li sat sr
in obedience to the wish of the directors, taken care that
none of the capital of the bank should be knowingly
risked in hazardous schemes. During the last year a
considerable and profitable business has been transacted
by the bank. The nett profits of the year's business
at Adelaide showed an increase over last year. The nett
total of profits at Adelaide and L( idon for 1846-7,
after every deduction, including the 1,0001. voted to the
directors at the last meeting, was 9,3831. 14s. 2d., the
balance of undivided profits on the 31st of May, 1147,
was 11,6001. 19s. I Id. The directors recommended that
from this balance the sum of 1,6001. be applied in reduc-
tion of preliminary expenses, and that 1,000/. be added
to the reserve fund, leaving a sum more than sufficient
for a dividend at the rate of five per cent. per annum.
After some discussion the report was adopted. J. B.
White, Esq., was elected a director in the place of the
late G. Davenport, Esq., and Sir J. Pixie, Bart., was
also re elected. A vote of thanks was passed to the
directors, to Mr. Wheeler, the London manager, and to
the board and manager at Adelaide, when the meeting
separated.
THE LATE FATAL ACCIDENT ON THE CROYDON
RAILWAY.—Tuesday an inquest was held by Mr. W.
Carter, at the Crooked Billet, Penge-common, as to the
death of Mr. George Joseph Buckmaster, the sc n of the
landlord of the Annerley Arms Tavern, who was killed
by an engine on the Croydon Railway on Thursday
evening last. The particulars of this case have so re-
cently appeared that it is unnecessary to go into the evi-
dence, and the jury returned a verdict of " Accidental
death."
RUMOURED DESIGN ON THE LIFE OF THE KING OP
DENNIARR.—Letters and journals from Copenhagen of
the 20th and 21st do not say a syllable to induce us to
attach credit to the statement of the Cologne Gazette,
of a man having been found in the ante-chamber of the
King armed with loaded pistols and a poniard. The
statement must therefore be considered devoid of truth.
—Galignani.
CORK, JUNE 27.—Wind S.W.—Arrd. Peru, thuiiNot,
folk Island; Jona, Wilkie, Philadelphia.

EAST INDIA HOUSE. Juice 30, 1847.
r• illE COURT of DIRECTORS of the EAST
INDIA COMPANY do hereby give notice that a SPECIAL
ii...,,NERAL COURT of the said COMPANY will be held at their
ilcase In Leadenball-street, on IVEDNESDAT, the 14th July, for the
yr rose °flaying before the Proprietors for their approbation a Reso-
„As t lon.passed.unanimously by the Court of Directors this day, grant-
-1,4 an annuity of One Thousand Pounds (1,0001.) to Major-General
▪ r George Pollock. G.C.8., upon the grounds therein stated.
The Report required by the By-law, cap. 9, sec. 3, together with
Val documeuts upon which the said Resolution has been formed, are
r ~en for the inspection of the Proprietors at this House.
JAS. C. MELVILL, Secretary.