The Sun.
London, England, 1847-08-25 00:00:00

NIN G-1 AUGUST os, 1847

filed a bill in Chancery to restrain the defendants,
and this was an action directed by that court to be
brought to try the plaintiff's right, and whether or
not the defendants hail infringed it.
The ATTORNEY-GENERAL (Mr. Unthank with
him) said there was no case for the jury, as he ad-
mitted the alteration of tee position of the balance,
which, though in fact it was an improvement, yet
that it was made for the purpose of evading the Act
of Parliament. He then called his Lordship's atten-
tion to the fact that the amount of ferry was stated
one the record to be qualified, whereas the decree re-
lated to the conveyance was of an unqualified terry.
Then ai to the modern ferry, the whole section was
to be read together, and by imposing a penalty on
persons using a boat, for the conveyanci- of passengers,
of more than four tons burden, it impliedly authorised
one of four tons for that purpose. Then it' so, the
question was whether the defendants' vessel was one
of more than four tons, and so within the Act of Par-
liament. He submitted that was to be determined
by the registry alone, and not by her capacity to
carry a greater weight, aid the registry of the de-
fendants' vessel was under four tons. He then put in
evidence a certificate of registry, showing that the
defendants vessel was registered as being less than
four tons, and called a witness to prove that the alte-
ration in the position of the balance wheel, whereby
the tonnage was reduced to that amount, was an
improvement.
Thereupon it was agreed that a verdict should be
taken for the plaintiff for 403., with leave to Mr.
Knowles to move the Court of Exchequer for leave
to enter a verdict for the defendants upon any of the
issues the Court might think them entitled to have
found for them.

POLICE INTELLIGENCE.
WESTMINSTER.
John Freeman, marine-store dealer, Ebury-street,
Pimlico, was charged with the following conduct :
It appeared from the evidence adduced that Josiah
Harriott, 183 B, saw a large crowd assembled opposite
detendant's house, on Monday evening, and having
been informed by some of the persons present that
the defendant had been ill-treating his wife, and on
the interference of a stranger to prevent further
violence towards her, had struck him with a heavy
earthen jar, the constable remained on the spot in
case his interference should be required. In two or
three minutes afterwards the defendant rushed from
his house with two large tobacco jars, and flinging
one into the crowd was about to throw the other,
when the constable stepped forward and prevented
him. Knowing the defendant to be a desperate fellow,
the officer desired him to come quietly with him, as
it would be better for him ; upon which defendant
exclaimed, with a disgusting epithet, " No, I will not
—it will only be a fine this time !" He then attacked
the constable with great fury and kicked him several
times with so much violence that the constable found
it necessary to get him down. Whilst on the ground
defendant forced his hand into the constable's mouth,
and tore his lip, retaining his savage hold of the flesh
until the arrival of another constable, who had some
difficulty to remove his hand. By the assistance of
five or six constables defendant was ultimately con-
veyed to the station, but not until he had repeatedly
endeavoured to bite the constable, and had torn his
clothes. A man named Wentworth, who had been
struck with the jar, charged the defendant at the
station-house, but was not in attendance before the
magistrate to prosecute.
Defendant when asked whether he wished to make
any reply to the charge, said he was very sorry for
what had occurred.
The police informed the Magistrate that the de-
fendant had been a short time ago tried at the Middle-
sex sessions for assaulting and endeavouring to stab a
policeman of the B division, and had been sentenced
to two months' imprisonment, with hard labour.
Mr. BRODERIP observed that the defendant's con-
duct altogether had been of the most outrageous
description. The jar thrown into a crowd of persons
might have caused death ; it fortunately had not.
There was no doubt that as the person he had as-
saulted had not attended to prosecute, that the de-
fendant had in some manner made his peace with him.
It became his (the Magistrate's) duty, to mark his sense
of the defendant's violent conduct to the constable, the
consequence of which, as it appeared by his observa-
tion, he had miscalculated. He should commit the
defendant for a month without inflicting any fine.
Mr. Games, solicitor, subsequently urged the ma-
gistrate to place a pecuniary penalty upon the defen-
dant, instead of sending him to prison, but
Mr. BEODERIP was inexorable, and the defendant
was sent to Tothill-fields prison.
CLERKEN WELL.
John Ashley was charged by Mr. Martin, the
newly appointed Master of Clerkenwell workhouse,
with disorderly conduct, and with having nearly
bitten off the finger of Elizabeth Wright, one of the
nurses in that establishment.
It appeared that on Monday last, about twelve
o'clock in the forenoon; the prisoner was found in
the street, apparently in a fit, when he was carried
to the above workhouse. Every assistance was
afforded him, and Mr. Taylor, the parish surgeon,
attended him, and found that it was a sham fit. The
prisoner then left the workhouse, but in about an
hour afterwards he was brought again to the work-
house by a crowd of persons, in another pretended
fit. He was received, and after bathing him with
vinegar, and applying other restoratives, he " rallied,"
when he was requested to drink a little vinegar ; this
he, however, detlined, when some water and small
beer were offered him, but these he also refused, and
he asked for brandy and water, some of which was
handed to him, and he swallowed it all off. They
damped a towel with vinegar, and put it to his chest,
when he swore, plunged, and kicked, and offered
violence to all present, and whilst Elizabeth Wright,
the nurse, was wiping away the vinegar from his
face he seized her hand, and forcing her finger into
his mouth, he nearly bit it off. He then seized a
long hair broom, and pursuing every body in the
place, attempted to strike them down with it, and
would have murdered them if they had not run out
of his way. Assistance came, and after a desperate
struggle and resistance, he was held down until the
arrival of Martin, 243 G, who took him to the sta-
tion-house.
Mr. COMBE inquired whether he was known?
Mr. Martin—We know nothing of him, but he has
been in Maidstone gaol.
Mr. COWIE asked the prisoner what he had to say
for himself ?
Prisoner—What does he say ?
Officer—What have you to say to drinking the
brandy and water, and refusing small beer ?—(A
laugh.)
Prisoner—Oh, what do you say ?
Mr. Comns committed him to the House of Cor-
rection, with hard labour, for three weeks.
Wm. Tumbling, aged 23, was placed at the bar,
charged with forgery and fraud.
It appeared that the prisoner was in the service of
Mr. Joseph Dobson, tea dealer, of Leather-lane, Hol-
born. On the 4th of the present month he ealled at.
the house of Mr. Brittain, of the White Hart, Lea
ther-lane, ens representing that he had been sent by
his master, offered a cheque for 201. to be cashed,
saying that if he (Mr. Brittain) required the cash
again he could have it again in the evening. The
cheque purported to have been drawn by Joseph
Thompson, on the London and County Bank, in
bombard-street, and on being presented there it was
discovered to be a forgery. Mr. Dobson on the day
in question discharged the prisoner from his employ.
He never authorised the prisoner to obtain cash for a
cheque. He kept his cash account in the Bank of
England alone. The cheque produced was in the
prisoner's handwriting.
Bunton, 272 M, apprehended the prisoner at No.
76, Alfred-place, Sloane- square, Chelsea.
The prisoner did not deny having uttered the
cheque, but he did not draw it.
He was fully committed on this charge.
'He was next charged with forging a cheque,,pur-
porting to have been drawn by " B. B. Cabble.'
In this case the prisoner obtained from Mr.
Frederick Smith, of the White Lion, Edgware-road,
201., under a representation that he led been sent by
Mr Birmingham, a cheesemonger in the neighbour-
hood, with a cheque for that amount, bearing the be-
fore-mentioned signature. On its being presented at
the bank it was found to be a forgery. The prisoner
was altogether unknown to Mr. Birmingham, whose
servant he represented himself to be.
A third charge was exhibited against the prisoner
for forging the name of Mr. Bolton, the coach pro-
prietor, of Dudley-street, Paddington, to a cheque
for 20/., the amount of which he likewise obtained
from Mr. Smith.
It was decided to commit the prisoner for trial on
these cases, but be would be brought up again on a
future day for their final completion.
SOUTHWARK.
An elderly man, of respectable appearance, applied
to Mr. Cottingham for his advice uner the following
circumstances :
The applicant stated that some time since his
daughter formed an acquaintance, while serving at
the counter of her uncle's shop, with a gentleman who
was in the habit of calling there frequently. At
length he declared himself her suitor, and wrote him
(applicant) a letter, requesting that he would consent
to their union, at the same time describing himself as
the principal superintendent or manager of an exten-
sive printing establishment in the City. Applicant,
finding that his daughter was not averse to a matri-
monial alliance with such a person, he was accord-
ingly invited to their house, and upon those occasions
paid the most devoted attention to the young lady,
and such was the estimation in which the family held
him, owing to his general good conduct, that they re-
joiced 4t the prospect of ins becoming a monger of it.
On a recent occasion, however, he (applicant) ascer-
tained that his daughter's suitor was actually a mar-
ried man, and had a family of children; and, upon
this-discovery, he lost no time in obtaining- the no-

cessary information upon the subject, and for that
purpose proceeded to his residence on Saturday last,
and had an interview with his wife, to whom he com-
municated thP circumstance relating to her husband's
attentions to daughter, and his promise of mar-

riage 'e'er. The wife was surprised at all she
heard, and while they were conversing on the sub-
ject the husband himself walked in, and being up-
braided for his scandalous conduct towards a young
and inexperienced girl, instead of betrayi g the
slightest contrition, for his behaviour in the affair, he,
on the contrary, became excessively abusive, defied
applicant to do his best and do his worst, exclaiming
that he was welcome to have recourse to lestal pro-
ceedings in the business if he considered that such
conduct as he pursued towards his daughter came
within the scope of the law. The applicant said that
he and all his family were completely thrown off their
guard by the specious line of conduct adopted
throughout by the person of whom he complained,
and as a proof of it the applicant produced one of his
letters, addressed to him on a late occasion. When
speaking of his daughter he writes—" My intentions
towards your daughter are strictly honest and ho-
nourable, and if ever they were otherwise, I believe
that Emma possesses sufficient strength of mind, and
integrity of character, to treat with just contempt any
offer otherwise than those which a virtuous woman
might listen to without a blush."
Mr. COTTINGIIAM, after perusing the letter from
which the above paragraph is extracted, said that the
epistle was worded by the writer in such a manner as
to throw the most cautious and scrupulous father off
his guard, and to impress him with the belief that
the writer was a strictly honourable and conscien-
tious man.
The applicant went on to state, that subsequently
to the interview he had with the individual alluded to
and his wife on Saturday, he lost no time in repair-
ing to the country where his daughter was staying,
for the purpose of communicating the particulars to
her, and that such was the effect the representation
had on her mind that she became delirious, in which
condition she still remained, and was obliged to be
closely watched, in order to prevent her from laying
violent hands upon herself. The applicant added,
that the object of his seeking an interview with the
Magistrate was to be informed whether he could
obtain any redress for such infamous conduct towards
his daughter, and that in addition to the gross decep-
tion practised by the party alluded to, it was since
found that he had been writing to her, and carrying
on the correspondence in a fictitious name. He
(applicant), however, had discovered that he was a
man holding a responsible situation in a firm of great
respectability in the City.
Mr. COTTINGRAM said that although the conduct of
the person complained of was in the highest degree
culpable in gaining the affections of a young woman,
and it afterwards turning out that he was already
married, and had a family, yet that, bad and detes-
table as it was, such conduct did not come within the
jurisdiction of a magistrate, and that he lamented he
could not render him any assistance in the affair. If,
however, added the magistrate, you are in a condition
to prove that he obtained any property from your
daughter, either as to articles of jewellery, or
anything of' that kind, I should then have no hesita-
tion in having him brought up to this court.
The applicant said that he was not aware that any
articles of the description were either given or ac-
cepted, and that if he could retain no redress by law
against such a character, who had driven his daughter
to a state of madness, he should take special care to
proclaim his infamous conduct to his employers, and
those other persons with whom he was connected. TI e
applicant, having expressed his thanks to the magis-
trate for giving so patient a hearing to the distressing
circumstances, then withdrew.
WORSHIP-STREET.
Yesterday Barlholoniew ,Shea, a middle-aged and
tidily-dressed shoemaker, and Mary Shea, his wife,
were clarged with feloniou,ly cutting and wounding
Ellen Ryder and John Dibble, a Smithfield drover,
in Prince's-street, Mile-end-road.
It appeared from the statement of the complainants,
both of whose heads were in bandages at the first
hearing, and who presented a very ghastly appear-
ance, that they lodged in the prisoners' hou,e, but
had been a state of incessant disagreement with them
on account of their violent and ungovernable tempers.
On the afternoon of the 16th instant the female com-
plainant went into the yard at the rear of the house
to procure water for culinary purposes, and detected
the woman Shea letting it all run out of the butt.
This led to some words between them, and Ryder left
home on some errand, from which she did not return
till a late hour at night, when, as soon as she entered
the passage, Mrs. Shea ran out of her apartment,
loaded her with the most abusive epithets, told her
she would give her a mark she should carry to her
grave, and, blowing out the candle which she had in
hand, dealt her such a terrible blow upon the fore-
head with a hatchet or chopper as to send her reeling
across the passage, where she staggered and fell so
violently against a door that her face was also cut
open. Dibble happened to come home at the mo-
ment, carried her in a state of insensibility into
her own room, when a considerable time elapsed before
she was restored to consciousness. Dibble was then
making his way to the prisoners' apartment to demand
an explanation, when he was encountered in the dark
by the male prisoner, who rushed out upon him, and
dealt him such a fearful blow with some cutting in-
strument upon the crown of the head that the blood
instantly poured in a stream down his face. He,
however, contrived to stagger to the door and call for
the police, and two constables having been procured
the prisoners were taken into custody, and the injured
man and woman to the hospital, where their winds
were dressed, but of which institution they were still
out-patients.
Jerome Galavin, 73 H, and Sergeant Baker, of the
same division, both deposed to the condition or the
complainants when they were fetched to take the pri-
soners in charge, Dibble's clothes being smothered in
blood, and Ryder so exhausted that she could scarcely
support herself while a cab was procured to convey
her to the hospital.
Mr. Nash, the hospital house surgeon, stated, that
after examining the complainants, who were brought
to the hospital at twelve at night on the 16th, he found
that the woman had sustained an incised wound an
inch and a half in length, and penetrating down to the
bone, and that the man was suffering from a similar
wound nearly two inches in length and of the same
depth on the crown of the head, dividing one of the
arteries ; and that both of the wounds had evidently
been inflicted with cutting instruments, though of
different descriptions.
When called upon fur their defence, the male pri-
soner said that such violent and threatening language
had been used towards him previously to the occur-
rence that he had been obliged to complain to the
police of Mrs. Ryder's conduct, and requested a con-
stable to keep an eye upon his house, as he was fear-
ful that murder would be committed, either upon him
or his family, by one of the complainants; and he
denied most positively having struck either of them
with a weapon of any description.
The female prisoner, who appeared in very delicate
health, also denied the charge in similar terms, and
declared that every word that had been spoken against
her was entirely false.
Mr. ARNOLD, however, considered the charge con-
clusively established, and, expressing an opinion that
the case was of far too serious a description to be
dealt with summarily, directed the depositions of the
witnesses to be taken by the second clerk, and or-
dered both the prisoners to be fully committed to
Nevvgate for trial.
An application was made to admit the woman to
bail, on account of her ill-health, and the magistrate,
having acceded to it, fixed the amount at the hus-
band's recognizance in 50/., and two responsible
sureties in 501. each.

DEATH OF A VETERAN.—There died on the Bth
of June last, in his native village of Cumnock, and old
pensioner named John Mitchell, by trade a shoemaker,
aged 78, who was the last survivor of an independent
company of volunteers who were raised in Cumnock by
the Earl of Dumfries, grandfather to the present Mar-
quis of Bute, and who were subsequently draughted
into the 74th Regiment of Foot, and sent to the war in
India, in 1789. He was present in all the campaigns,
battles, and sieges in which the gallant 74th were en-
gaged—in the first expedition against Tippoo Saib, at
Seringapatam, under Lord Cornwallis ; at the taking of
Bangalore, Hyderabad, Travancore, Trincomalee, and
Pondicherry ; in the second expedition against Tippoo,
and in the storming of Seringapatam under Sir David
Baird ; and last, though not least, at the memorable
battle of Assave, under Colonel Wellesley, now his
Grace the Duke of Wellington, where the British
troops had to stand, as at Waterloo, for a long time on
the defensive, in the face of a greatly superior force,
both in numbers and artillery, till the enemy, tired with
mowing down the British lines with their great guns,
charged them en masse, thinking to gain an easy vic-
tory ; when, strange to relate, our shattered troops, true
to their colours and their country, not only repulsed
them at the point of the bayonet, but actually drove
them through their own line of cannon, and completely
defeated them with immense loss. It was there, in the
heat of the action, that John Mitchell lost his left leg
by a cannon-ball, and lay on the field two days before
he was carried off and his leg amputated, so dreadful
had been the slaughter that there were none to attend to
the dead and dying ; while, afterwards, he was one of
the only four, out of a party of 400 who were taken to
an hospital, that ever recovered of their wounds. Being
then no longer of any use as a soldier, he was carried
down the country in a palanquin many hundreds of
miles to the coast—sent home and discharged with a
pension of a shilling a day. This was in 18C5. Of the
Deccan prize money, so oftrn talked about, he never re-
ceived a farthing. He was of a strong, robust consti-
tution, of an iron will, and great strength, and lived to
enjoy the pension, which he had acquired by servitude,
as well as by his wound, for 42 dears, during which
neriod he µA• twice - ~t.:l ha, left a
L.. ,Idce;ti..wr
HUMANE BUTCHERT.—The Albany butchers, it is
said, now administer ether to the animals they are about
to slaughter. The poor brutes are thus disposed of
without the least pain, or knowing what ails theta.-7
Tor Scanner.