The Sun.
London, England, 1840-10-19 00:00:00

TFIO 5T.7140,0N1)0N. MONDAY, OCTOBER 19. lA4O.

CRIMINAL COURT-(THIS DAY)•

CASE OF THE EARL OF CARDIGAN.

The October Session of this Court commenced this
morning. The Court was opened at the usual hour
before the Right lion, the Lord %yor, the Recorder,
Mr. Alderman Kelly, Mr. Alderman Lainson, Mr. Ser-
ge•uit Arabin, the Sheriffs, Under-Sheriffs, and City
officers.

The Grand Jury having been sworn, the RECORDER
proceeded to address them. After briefly alluding to
the state of the calendar, in which, however, there was
no case on which any difficulty would be likely to arise
on any point of law, he proceeded to draw the attention
of the Jury to one, or rather to two cases, in which the
parties had been bailed. In these cases an alleged hos-
tile meeting, or duel, had taken place, and shots had
been exchanged, one of which had taken effect. lie
was not aware that a similar case had ever before been
brought before a Jury. The charge was made under
the Act Ist Victoria cap. 25. Up to this time it had
never happened that in cases of this description, in
which fatal consequences had not ensued, the parties
concerned had been charged with felony. The matter
had never previously, under such circumstances, been
made the subject of a criminal prosecution. It would
be, however, their duty, after certain facts should have
been laid before them, to decide whether the present
case came within the meaning of the Act to which he
had referred. He would refer to the 2d, 3d, 4th, and
sth sections of that Act, as explaining the law on that
subject. By the 2d section it was enacted that, whoever
should administer poison, or stab, cut, or wound,
or by any means soever cause any bodily
injury to any person with intent to commit murder
should be guilty of felony, and suffer death. Nos', by
the word wound in this section, any injury produced
by a shot or bullet was meant as well as any cut, stab,
orinjury of any other description. The term was a
very comprehensive one, and the question was whether
this particular case came within the letter, spirit, and
intention of the statute. The next section compre-
hended the case in which although no wound had been
inflicted, yet still an attempt had been made to com-
mit murder, by drawing the trigger of a pistol, or en-
deavouring to strangle, or suffocate any person, and it,
such cases it was enacted, that such parties should be
considered as guilty of felony, and should he subjected
to be transported for life, or tor fifteen years, or to be
imprisoned for any term not exceeding three years.
The fourth section related to cases in which the
intent was to maim or disable, or do grievous bodily
harm, and in such case the party, on conviction, was
liable to the same penalty as for offences under the third
section. The penalties were all of the most severe de-
scription, and they should consider well whether the
present case came within the meaning of the Act. 11)
the seventh section, accessories before the fact were
liable to the same punishment as principals, and acces
sories after the fact were liable to imprisonment. ID
cases of a hostile meeting, Lord Hale seemed to doubt
whether the second of the party injured was liable to pu-
nishment in the sante manner as the second of hisopponent.
His remarks on that subject were very valuah:e. The
matter was one requiring serious consideration, but i
the facts brought the case clearly within the meaning of
the statute, they had nothing whatever to do with tit
consequences. It was their duty to give effect to the
law. On referring to the Act called the Statute of
Stabbing, it would be perceived that although the words
of the Act were sufficiently comprehensive to include
a particular case, yet the spirit of the Act must be con
sidered likewise, and Sir Michael Foster had said that
although in cases of this nature the parties were charged
with murder, yet where any justification could be shown,
a conviction rarely followed. That statute had been
passed to meet the case of persons carrying short
daggers, and when it could be shown that the
offearee had been committed on the spur of the
moment, the party was held to be guilty oi
manslaughter. His Lordship then quoted several other
text writers as to the law on this subject. It was
somewhat remarkable that up to the present time in no
case of duel unattended with fatal consequences, had the
parties ever been indicted, and therefore there was no
case exactly similar to the present to which he could
refer. It was, however, laid down, that if one party
should in a private quarrel deliberately seek and com-
pass the death of another, the offence would be murder ;
but that if parties met casually, quarrelled,
.and went
into a field to fight, and the death of one of them en-
sued, then the offence would be manslaughter. In many
cases of this description, in which the hostile meeting
had been attended with fatal results, the .Tury had found
the party guilty of the minor offence only, or had en-
tirely acquitted him. He must, at the same time,
remark that the new Act puts the seconds in the same
position as the parties whose hands had actually com-
mitted the violence. He had, however, some
doubt on the point, whether the second of
the party killed stood in the same position as the
party killing. This was another reason for in-
creased caution in considering a charge of this de-
scription. He bad already remarked that he was
not aware of any instance upon record of an
attempt to indict upon a charge in which no fatal
consequences had ensued. But while they acted
with the greatest caution on the one hand,
they must on the other give effect to the statute, if
they,were satisfied that the ease was clear in point of
law. After pointing out the distinction between the de-
liberation of the act which, in the eye of the law, con-
stituted murder, and the acting under the influence
of momentary excitement and angry feelings, before
the blood had had time to cool, his Lordship cited
several authorities to show that the spirit rather than
the letter of the law had generally been acted upon.
In the case to which Le was alluding, the duel
appeared to have been a deliberate act, and had death
ensued, he had no hesitation in saying that the party
inflicting the fatal wound, would have been guilty of
murder. But parties who had been charged with
murder under such circumstances, had generally been
found guilty of' the lesser offence. One of the persons
indicted was a Peer of the realm ; but that fact would
not interfere with the presentment of the grand
jury. When they had performed their duty in
finding a bill, if' so it should be, it would then become
the duty of the Lord High Steward to summon
him to trial by his peers. After some further general
observations on the case his Lordship left it to the Grand
Jury to deal with it according to the best of their judg-
ment, and the state of the law as they found. it.
Captain Tuckett, Captain Wainwright las second,
and several of their friends, were present in Court
during his Lordship's charge.

MARLBOROUGH-STREET.

(THIS DAY.)

Jain Boivkell, a housekeeper and master bootmaker,
residing at No. 32, Green street, Leicester-square, was
brought up in the custody of Sergeant Gray, No. 14 of
the C division, and placed at the bar before Mr. Gre-
gorie, the presiding Magistrate, charged on suspicion of
being concerned in stealing a plate-chest, containing one
silver tea-pot, twelve massive silver salt-cellars, one flat
chased scallop tea-pot, two silver plates, a silver challis,
three silver tumblers, one chased silver basin, one silver
inkstand and cover, and other articles of the value of
upwards of 150/., the property of Mr. Samuel Cress-
pell, of No. 3, James-street, New-cut, Lambeth, work-
ing silversmith.

After some evidence was heard, the prisoner begged
that the examination might stand over, to allow him time
to procure professional assistance.
Mr. GREGORI E acquiesced, and the prisoner was re-
moved to the lock-up cell.

LLOYD'S SHIPPING-(THIS DAY)•

LONDON, OCT. 19.—Wind this day at noon fresh north-
westerly breeze, and passing clouds.
FaLmorrir, Ocr. ‘A ind N. to N. N. W, strong
breezes.—Arrived the Delight packet, front the Br...ziis;
Braganza steamer, Lewis, Gibraltar—left Bth inst., Cadiz
9th, Lisbon 13th, Oporto 13th, and Vigo lath ; Haber-
dine, Here, Labrador. Sailed the Spey- packet, for
Havannah, Belize, and Mexico ; Tyrian packet, West
Indies. Off port, the Munro, Munro, from Girgenti.
SCILLY. OCT 13.—Otr port, the Mary Ann, from the
Cape of Good Hope.
DEAL, OCT.. I6.—Wind W.S.W.—Sailed the Kit.
mauro, Smith, for Port Philip; Jane, Bowes, Bermuda;
Pieta, Flockhart,llalifax ; Golden Spring, Irving, Fer-
nando Po; William Brown, Gilboa, with the rest of the
outward-bound. Arrived the Eliza, from Havannah
Montreal, Grilling, New York.
DARTMOUTH, OCT. 17.—Arrived the Saucy Lass, Love,
and Patriot, Nichols, front Cephalonia.
Blosror,, OCT. 18.—Arrived the Elizabeth, Cundy,
from Jamaica ; Waterldy, Mutcherrnore, Newfoundland ;
Clifton, Shaxon, and Greyhound, Hobbs, Denia.
KINGSTOWN, OCT. W.—Arrived the Ann Grant, Mur.
dock, from Quebec.
Ponrsmourn, OCT. W. N. \V.—Arrived the
Prince George transport, Atkins, from Jamaica—sailed the
25t11 July, and Bcrmuda 6th ult. Sailed the Zenobia,
Owen, for Calcutta. A brig, waterlogged, with I Son
`ler stern, and painted ports, was passed the 9th inst., iu
lat. 48. long. 41 , by the British Queen steamer, arrived
in the river.
YARMOUTH, Isis ou VICHT, OCT. lB.—The Mary
Ann, Murray, from Cork to Soutliumptom, struck on the
Shingles this evening, and remains.
LISBON. —The James Pattison, Cromarty, from Bombay
to London, was totally destroyed by tire on the, 29th ul'.
—crew saved.
LIVERPOOL, OCT. 17.—Wind, N. W. Is. W., fresh
breezes.—Arrived the Mary Ann, Stephenson, from Syd-
ney, New Brunswick, sailed on the 28th of June ; Eliza.
bah, Sinclair, St. John's, New Brunswick ; Grace
Browne, Duff, Virginia; Augusta, Street, Mobile ; Co-
lumbus, Cropper, New lock; Stephen Whitney, Thomp-
son, ditto ; Portia, Joss, Alexandria ; Charles Humbert
son, Quebec. Sailed the St. Cloud, Emersor, for Phila-
delphia ; Helen Mar, Mitchell, Savannah ; American,
lio!den, New York ; Virginia, Hussey, Havannah.
OFF HOLYHEAD, OCT. IS —The Barbara, Bombay.

THE LUDLOW CASF.

TO THE EDITOR OF THE SUN.

Slit,—The wide circulation of your valuable paper in
commercial rooms induces me to trouble you with a few
lines, suggested by the publication of a hand-bill, during
this week, in the commercial rooms of the north of
England. [Our Correspondent here Gives a copy of
the hand-bid, the substance of which has already ap-
peared in Vie Sun ],
The above appeal seems to be open to various ob-
i( ctions, a few of which I will state.
To make a public (flail to compensate Mr. Macreeth,
without first obtaining his consent, does him in-
justice, by impi3ing that he is so low in eh,
eumstances as to need the help of others, when
an unforeseen occurrence has deprived him of
the power to follow his usual employment, during
a short period. although poverty is no reproach
when not occasioned by impropriety, it seems to me un-
fair to lead the public to suppose that Mr. M. has
.xperieneed so heavy pecuniary loss as to suffer de-
privations.
It is also unjust towards the employers of Mr. M.,
who, contrary to the practice of respectable houses, may
by the appeal be supposed to have shown but little
liberality, or even to have withheld his sulazy, when he
was injured in their service.

If taken for granted that the circumstances of Mr.
Macrceth render it desirable to raise him a pulse, the
means proposed are not fully adequate to the object ; it
would have been more wise to have left the sum discre-
tional, as many of the commercial body are liberally
inclined, and in good circumstances, so that one, two,
or four crowns would have been as readily obtained as
one shilling, and Mr. M. might then have been enabled
to invest the sum raised with permanent advantage to
himself. If really in distress, it would only have been
needful for a friend to state the case, and lam sure it
would have received handsome treatment.

The indiscretion manifested by the Ipswich party, is
much talked of, and is calculated to make their know-
travellers think the proposals were made after they had
partaken of a sumptuous Sunday dinner, and were much
excittrl by their spiritual exercises. Under such cir-
cumstances, probably, subscriptions fOr silver snuff:.
boxes, &c., &c., have often originated.
Many whom I have met with express their intention,.
of discountenancing. the Ludlow Subscription, unless a.
further explanation appear, and your Paper is sus
gestcd as a suitable medium through which to convey
the same to the body generally. by
A COMMERCIAL TRAVELLER.
Huddersfield, Oct. 16.

REGISTRATION-(THIS DAY.)

MIDDLESEX.

The Learned Revising Barristers (Messrs. Coventry
and Shadwell) met this day at the Sessions House,
Westminster, and revised the lists of electors for the
parishes of St. Mary-le-Strand ; St. Margaret, West-
roinster ; St. John the Evangelist, Westminster ; St.
Martin-in-the-Fields ; St. Clement Danes ; St. Paul,
Covent-Garden ; and the Savoy.
William Haseldcn, whose name appeared on the list
of St. John, Westminster, was objected to by the Re-
formers, on the ground of change of residence.
The Tories produced a letter from Mr. Haselden,
stating that he still resided at 17, Little Drummond-
street, the place of abode described on the list.
Mr. Coppock, upon inspecting the letter, discovered
that the words " 17, Little Drummond-street," had evi-
dently been written with different ink, and at a different
time from the other parts of the letter.
Jones, one of the notice servers of the Tories, on
being cross•examined by Mr; Coppock, reluctantly ad-
mitted that he had been sent by his employers with
the letter to Haselden, and had requested h►m to insert
" 17, Little Drummond-street." It was clearly proved
by the Reformers that the man had not lived in Drum-
mond-street for some time past, and that he was now
occupying a public-house in Bowling-street, West-
minster.

Mr. Coppock said it was perfectly clear this was a
barefaced attempt to practise another fraud upon the
Court, and he for one would in future protest against
any letters being received that were not clearly in
the hand-writing of the party himself.
Mr. Adey (for the Tories) observed that all Mr.
Coppock had stated with reference to fraud, existed only
in his own imagination. A letter had been sent Mr
Haselden, through the post, addressed 17, Little
Drummond-street, which had been duly returned by
him to Mr. Payne. The letter bore the post mark, and
t hat was sufficient evidence to show that he lived there.
Mr. COVENTRY said it was clear the additions had
been made in different ink. _ _

A message was then sent by Mr. Coppock to Mr.
Haselden, for the purpose, if possible, of arriving at
the truth. Oa his return, he stated that Mr. Hase!den
had told him that he had not lived in Little Drummond-
street for two years, but had, during that time, kept the
Adam and Eve public-house, in Bowling-street ; that
he had been bothered quite enough ahout his claim, and
that at last a person called upon him and commanded
him to insert in the letter " 17, Little Drummond-
street."

This statement being doubted by Mr. Adey, a gen-
tleman from each side, Mr. Barnard and Mr. Evans,
were deputed to wait upon Mr. Hese!den. On their
return, Mr. Evans (on behalf of the Tories) admitted
that what had been stated by the Reformers was cor-
rect, and the name must be expunged, which was done
accordingly.
The Overseer of Greenford attended to support his
objections, this parish having been adjourned to West-
minster. Amongst them was the name of John Wood-
man.

Mr. COVENTRY asked him what the objection was?
The Overseer stated that the claimant had not the qua-
lification, which he could prove if required.
Mr. Adcy submitted that Mr. Coventry had already
decided upen this case. A letter had been received
from Mr. Woodman, stating that he had the property
as described.

The Overseer answered, with some warmth—" Yes;
that's very likely ; anybody may write a letter, that's
very easily done. I am certain he has not the quali-
fication."

Mr. COVENTRY thought as he had passed muster this
year, he must remain until next.
(Before Mr. SIIADWELL.)
Mr. James, the Secretary to the Middlesex Regis-
tration Society, appeared in support of the Liberal
party. The Tories were represented by Mr. Turner
and Mr. Payne. The lists for the Savoy, St. Martin's-
in-the-Fields, and St. Clement's Danes, were revised.
No point of public interest was raised.
Result of the day's proceedings :
St. Mary-le-Strand—Overseers, taken 7 ; sustained
7. Liberal, taken 3 ; sustained 2. Tory, taken 2.
St. Margaret, Westminster—Overseers, taken 9;
sustained 9. Liberal, taken 5 ; sustained 4. Tory,
taken 14 ; sustained 4.
St. John the Evangelist—Overseers, taken 10 ; sus-
tained 10. Liberal, taken 10 ; sustained 5. Tory,
taken 26 ; sustained 7.
St. Martin in-the-fields—Liberal, taken 13 ; sus-
tained 6. Tory, taken 19 ; sustained 9.
St. Clement Danes—Overseers, taken 8 ; sustained
8. Liberal, taken 26 ; sustained 24. Tory, taken 14;
sustained 11.
St. Paul, Covent Garden—Tory, taken 5 ; sus-
tained 4.
The Precinct of Savoy—Liberal, taken 1 ; sus-
tained 1.