The Sun.
London, England, 1841-01-06 00:00:00

PARDON OF MR. JOHN FROST.

the barque Pilgrim, which arrived yesterday
at Liiierpool, we have reseived Sydney and other
Australian Papers to the 13th of August inclusive.
They inform us that the Governor-General had ap-
pointed Ur. John Frost, convicted of high treason at
Newport, to a subordinate office in the Commissariat
Department of Port Arthur. Sir George Franklin
was induced to bestow this mark of leniency upon Mr.
Frost in consequence of his exemplary conduct during
ti.e voyage out. Hopes of the ultimate pardon of Mr.
F. ost were confidently entertained.

THE MURDER OF MR. WEST-

WOOD AND ELIZA GIZINIWOOu.

At the Hull Sessions on Saturday last, a man, who
calls himself John Arthur Bobcats, was convicted of ob-
taining money under false pretences, and sentenced to
seven years transportation ; there being several other
cna'ges against him of similar offences practised during a
residence of about ten months in Hull. The result of
his trial has, however, brought a more serious circumstance
f ,rward. At the time of his apprehension a considerable
nuinlser of watches, some plate, and a variety of
jewellery, were found, either in the possession of the pri-
soner, or in that of a female with whom he cohabited ; and
it now appears, that they are both implicated in cir-
cumstances connected with the murder and robbery of
M•. Westwood, the watchmaker in Prince's-street, Sehe,
either as accessaries to the crime, or at least as possessors
of sorne of the stolen property. Inspector Beresford,
4,1 the Metropolitan police arrived in [lull previous to
the Sessions, and in the event of Roberts having
)been acquitted, was ready with a warrant to epprehend
'cini on toe above charge. His being convicted renders
• that proceeding teincetisar.), and Inspector Bcresfurd
retorts to town with sortie of the watches, a large case
jeivellery, and several miscellsneous articles, found
at the lodgings of ihe prisoner's late female coin-
paaion. This woman, from admissions made by her
parzmour, there is reason to suspect knows some-
ening about the death of Eliza Griniwoml, mur-
di:, in Wellington-terrace, Waterloo Bridge-road, has
reatliceo, so long a [oyster). She calls herself Mary
('arey, and accompanied the prisoner front London to
Pull. About three saonths ago she preferred a charge
of forgery against him, to the effect that he had drawn
e,Ol. of tier money from the bank of Jones, Loud, and
Co., by, means ot altering two or three checks she had
..ired for 51 each to larger sums. There appeired no
feeibt of the fact, but she did not appear at the se-
elLid examination. The exposure, however, opened
the eyes of several persons who had been duped
the prisoner, and to whom he had rep resented
nself as a " barrister-at law, and an agent of the
:.,urt of Chancery," Having circulated a fa'se e-c-
Gnant of his having recovered an estate in Scotland
fora poor person at Beverley, the credulity of others
lwing or fancying themselves entitled to property was
xcitcd, and on their visiting the great lawyer, a few
pounds were easily extorted from them. The prisoner
o'oeirrre convicted on one charge of this kind, the ends of
justice were .considered satisfied, especially as matter of
ious import seemed to attach to the convict.
"nolter
isbelieved that the prisoner is a native of Reading—that
hig,real name is Robinson or Robertson, and that he is or has
been !ky trade a watchmaker. During his residence in Hull he
has aia,amed a higher character, though with
little pretension
1, yon immoderate degece of assurance. He has been a
d IW-character among the Socialists, and always showed
ea desire to become a public character. His trial o n Sa-
t)grdav occupied seven hours, in consequence of his long
aid irrelevaat erpsz.examination of the witnesses, and his
addressing the Jury for nearly an hour in his assumed cha-
racter as a barrister 1

A NSW MusicAL, INSTRUMENT.-- Rock
llarmonicon, formed of stones found in the neighbourhood
Skiddaw, and played upou by the discoverer's three sons,
es now performing at Liverpool.
The Whitehaven Herald
ts,ya—" The inventor of this strange work of art is a plain
Cumberland yeoman, from near Keswick, and the rude
materials; from which he contrives to extract the most en-
chanting harmony are nothing more than a collection of
;slates or stones from the more unfrequented parts of the
t;;;L:glity Skiddaw. These are arranged in such a canner
as
.to enable three persons to beat upon them at the same
timc With small wooden mallets; and this is accomplished
with sO Much dexterity and skill, as to distil from the
rudest possible materials the most rich and delightful me-
lody of sweet :•otinds that car ever heard, or imagination
can conceive. Tile effect is perfectly magical, and the
listener stands entranced and wonder-struck. Men of un-
..doubted musical science have inspected this novel instru_
latent, and have given a most flattering opinion of the work
the inventor has achieved, and also of its vast ca-
paNlities."
Nlr. Thomas James, Registrar of St. David's
Distri.lt, in the county of Pembroke, boa beer. dismissed
from his appointment. A correspondent informs us that a
few moat's ago he became a party to an attempt to effect
a marriage between Mr. George `Williams, a mercer at
Haverfordwest, and a Miss William; a minor, residing in
•St. David's; but before their plan could be carried into
.Execution, Williams became a bankrupt,
when letters were
caund amongst his papers, :vhich so clearly showed the part
•itich the Registrar had taken, that the person into whose
ban 's the fell deemed it his duty to send them to the
Gene,
-all Register Office. Some correspondence followed,
o,hich ‘as closed by a letter being sent to Mr James, no-
tif,inty h. • disw.issal from his office.— Weishma„.

COUNCIL CHAMBER, WHITE-

HALL.

(Before Lord BROUGHAM, the VICE-CHANCET.LOR,
Mr. Justice ERSKINE. and Dr. LUSHINGT, N.)
KEILLEY V. CARSON AND OTHERS.
(Continued from ne Sun of yesterday.)
Mr. HILL then opened his case for the respondents.
The question for their Lordships to consider and :le-
cide was, whether the Crown had not the power to
grant a constitution in any of the colonies of th;s coun-
try which it pleased ? He believed that until yester-
day it had never been doubted, nor had any distinction
been drawn between the power of an Assembly in a con-
quered colony and a sw,tled one, in both the Crown had
the power to make laws for their government until it
was delegated to same other power. Such grants of
power had been made for hundreds of years, even from
the time of Elizabeth, when they were granted to the
provinces which now formed the United States. Such
grants had been made to a number of the islands of the
West Indies, and had never before been questioned.
The Assembly of Newfoundland was, therefore, a legal
one, and must have the power inherent in all such as-
semblies, of repelling insult or injury. The Learned
Gentleman quoted " Burke's History. of the Settlement
of Colonies" and the " American Archives," in order
to show the manner in which the Assembly of Vir-
ginia had acted in a case similar to the present.
one. The Learned Gentleman then quoted the case
of Cook and MeLean, who having been committed for
contempt by the Assembly of Jr.maica, in 1766, sued
out a writ of habeas corpus before the Governor, who
was also Chancellor, and he discharged them. Repre-
sentations were made at home, and a new Governor was
sent out, with instructions to erase the decision of the
Learned and Gallant Judge, as he had heard Governors
so situated sometimes called. That was a strong ac-
knowledgment of the power of the Assembly by the
home authorities. He had been furnished with many
cases showing that the power of committal had been
exercised by nearly all the Assemblies of the West
India Colonies, and had they gone further back, he had
no doubt it would have been found that they had had
the power and had exercised it from their first establish-
ment. He then quoted the judgment of Lord Ellen.
borough, in the celebrated case of Burdett v. Abbot,
to show that the power was inherent in supreme Legis-
latures, as essential to the proper discharge of their
functions. His Learned Friend had talked of the dan-
ger of giving such power to so small a body ; but he
would suppose another case of danger—the parties
were not numerous—was it too much to fancy
that it might be very important for the minority to keep
the majority in custody, until some particular vote had
been come to. Something like it had happened to the
majority of one of the northern boroughs. The night
before the election they were at home, but next morn-
ing they found themselves off the coast of Norway.—
(A laugh.) The Learned Gentlemen then instanced
the case of the Congress and Legislatures of the States,
all of whom possessed the power, as necessary for the
performance of their functions.
Four o'clock having arrived, the Learned Gentleman
was interrupted, and will resume his argument to-mer-
row (this day).

CENTRAL CRIMINAL COURT.

OLD COURT.
(Before the RECORDER.)

FRAUD AT THE CUSTOM-HOUSE.-William Quinlan
was again indicted with William Thornhill, (who surren-
dered to take his trial) for stealing a quantity of brandy,
the property of Mr. James Goas.
Mr. BODKIN appeared for the prosecutor. Mr.
PHILLIPS defended Quinlan, and Mr. CLARESON de-
fended Thornhill.

The facts of the case were of a similar character to
the last. The principal evidence was that of the ac-
complice, and at an early stage of the case, it appeared
that the charge could not be substantiated against
Quinlan, and the case against Thornhill was alone pro-
ceeded with. It appeared that a similar " bond" to
that mentioned in the last case, had been made use of,
by virtue of which the brandy was got on board the
James, and taken abroad.

The RECORDER made some inquiry of one of the
clerks of the Custom-house, in reference to" bonds" of
this description, which led to some rather important dis-
closures.

It should be explained that when brandy is in bond,
if the owner desires to remove it for exportation, he has
to fill up a bond, and give sureties to the Government
that the brandy shall be really exported, or else that the
duty shall be paid. It appears that these bonds are
given to any one who applies for them ; that not the
least inquiry is made as to the responsibility of the
parties pretending to be sureties, and that these bonds
are filled up in great numbers as a mere matter of
course, and orders for the delivering of the goods made
out upon them.
The RECORDER remarked, that it was not for him to
find fault with any system adopted in a public office ;
but he could not help thinking, after what had been
stated, that the Government derived very little protec-
tion to its revenue by such bonds as those which had
been referred to.

Mr. BODKIN said that there were many other for-
malities to be gone through before the goods could be
taken out of bond.

The RECORDER said no doubt there were, but on
the outset it appeared that any one who chose could go
to the Custom-house, and assume a right to any pro-
perty in the Docks, and col. Id, without any inquiry,
give a bop(' with sureties totally destitute of respectabi-
lity, and so obtain the property of others.
Mr. CLAnizsos addressed the Jury on behalf of the
prisoner Thornhill, and called a number of highly-re-
spectable witnesses, who gave him a most excellent
character.

The RECORDER summed up, and the Jury returned
a verdict of Not Guilty against both prisoners.

IsIEW COURT.

HORSE STEALING.— iirnt. ;Muer, a well-dressed
man, was indicted for stealing, on the 12th September
last, a gelding, value 231., a chaise, value 301., and a set
of harness, value 31., the property of Richard Channon.
On the application of Mr. CLARKSON the prisoner
was permitted to withdraw his plea of not guilty and
confess judgment ; the Learned Counsel at the time
observing, that the prosecutor appeared inclined to re-
commend the prisoner to mercy ; hence he hoped the
Court would pas a sentence short of transportation.
The prosecutor stated that be had obtained his pro-
perty, but when the prisoner obtained possession he was
:in entire stranger.

Mr. Sergeant ARAMS said that he had looked into
the depositions, and the case assumed a serious aspect ;
and there was no one here to tell who and what the pri-
soner was.

Mr. CLARKSON said he was from Bristol, and he
could prove by an indenture that he had served his ap-
prenticeship there. After coufcrring gain with tile
prisoner the Learned Gentleman said that he was about
to make an extraordinary application—it was, tc pray
the Court, at the request of his client, that it would
pass a sentence of transportation.
The Learned JUDGE then sentenced the young man
to be transported beyond the seas fur the term of ten
ye:ars.
Mr. CLARKSON hoped that he would not be sent to
the most penal settlement. _

Mr. Sergeant ALAIHN replied that he would speak
to the Sheriffs, and he Lai no doubt but the convict
would be dualt with as favourably as possiole.

POLICE CORRE'CTIONELLE.

EMEUTE IN THE I'ARVIS NOTRE DAME.
Oa the Bth of November last a grave collision took
place between the agen: s of authority and about forty
individuals forming part of a rassemblenient tuiivaltueu.a•
which about half-past seven in the evening took posses-
sion of the Parvis Notre Dame. This is the precise
spot in which the outlaws and beggars in Victor Hugo's
celebrated romance ass,:mbled to invade the sacred
edifice. The Marseillaise, the Chant du Depart, &c.,
were sung in chorus, the most dangerous seditious cries
were raised, showers of stones were flung, some blo id
flowed, and, but that a large force of sergens de v Ile
speedily arrived Os the spot, the most deplorable scenes
might have ensued.

Four men named Jourdain, Terrier, Coiffler, and
Fougeroiles, chiefly' masons and stonecutters, were to-
day charged with taking part in the above disturbance.
A great number of sergens de ville appeared as wit-
nesses against them. The first of these examined was
a brigadier, named Louis Philippe Boussin. He de-
posed as follows On the Bth of November we were
directed to disperse a crowd assembled on the Parris
Notre Dame. Upon our arrival sy,e perceived two
groups, which we endeavoured to separate, and which
soon took to flight. At this moment I was informed that
some of the agents were in close quarters with the in-
surgents, and a passer-by told me that a sergent de
beenvine had an
seriously wounded. I ran up the Rue
d'Arcole in pursuit of an individual, who was pointed
out to me as having wounded the agent, and I succeed-
ed prisoner.
Presidentfir—L iki%lll o was this?
Witness—lt was the young man at the bar, named
,r which forced me to let
Terrier, but when I laid hold of Terrier, a great bull-
dog, near me bit me in the leg,
go Terrier, as I found I could not manage both Terrier
and the bull-dog at once.— The
( Laughter. French
meaning
of the word " terrier" being the same in
and
elf again. I followed close
English.) Terri then ran
on his heels, and the bull dog close on mine, so that I
was at once engaged with dog and man. At last I suc-
ceeded in arresting Terrier at the moment of his cross-
ing the Petit Pont. At the same time I heard voices
made
shouting in the direction of the Rue d'Arcol
I"acmes and
I saw a
des
e
you , " Aux
shower Had somniat of stones
albt l the
(Anal-
e .
agous to our reading the Riot Act.)—No, Sir ; we had
no Commissary of Police with us. A portion of the
crowd hustled me on the br
idge, and Terrier again made
his escape. But I have at length succeeded in effect-
ing his arrest.

President—Are you quite certain as to Terrier's
identity 9—Perfectly sure-

President—Terrier, you bear the deposition of the
witness. What have you to state in reply ?
Terrier—The witness is deceived. I found myself
at the Parvis by chance ; I any as group, in the midst
of whom were some ser-cns de vilie, who struck at aii
around them. I received some blows amongst the rest.
I then fled. A sergcnt do ville ran after me sword in
hand, and when he got within reach of me, he seized
his weapon by the point, and hit me with the hilt a
violent blow upon the head. I fell to the earth, bathed
in my blood. Then the sergent de ville, putting the
point of his sword te my throat, said, " Si to Dais en
mouvement, to est mart !" Other sergens de ville came
up afterwards, and they also struck me. At last they
took me up, and accused me of having made my dog
bite one of the sergens, and having flung a stone at
another. It's all false. I never had a dog. You may
inquire about my " morality," if you please.
Boussin—l never said that the dog was your pro-
perty, but you set him at me.
King's Advocate—When you were arrested on the
bridge, you held a atone in your left hand ?
Terrier—Cela West pas !
Boussin—l saw you drop it when I came up.
King's Advocate—VY hat were you doing at that hour
on the Purvis Notre Dame ?
Terrier-1 was taking a walk, to be sure.
King's Advocate--That answer will not satisfy us.
Terrier—As it was very cold, my feet were chill-
blained, and I began to walk to warm them, the more
especially as I had the toothache (this niaserie caused
considerable merriment). It was thus that I happened
to reach the Parvis Notre Dame. The sergent says
that he saw me let fall a stone which 1 held in my hand.
Eh bien ! let him show it. (The prisoner pronounced
this with much energy, imagining that the point would
indisputably save him.)
King's Advocate—The prisoner must be aware that
it is impossible to prove the identity of the stone. He
must know that nothing resembles one stone so much as
another stone, unless perhaps it be an egg to an egg.—
(Laughter.) You also held in your hand an iron punch.
Whence did that come ?

Terrier—l found it stuck in a cork a few days before.
A sergent de vine named Duval, deposed to his hav-
ing seen Terrier wound his comrade Chamoin in the
head. He knew nothing of the three other prisoners.
Terrier had resisted, but not violently.
Terrier—lt was impossible for me to resist. I lay
almost dead under the blow I had received. I had
fainted away.
President—ls it true that Terrier had blood upon his
face ? Witness—There was a litde on his head.

Terrier— Un pen ! joliment beaucoup.
Lotot, another sergent, deposed to Terrier having
been running with great rapidity at the moment of his
arrest.

President—lf you were "dead," Terrier, according
to your own expression, you ran very quickly, for a
corpse.—(Laughter.)
Terrier—l was not struck until after they had ar-
rested me.
The witness declared that he had not seen Terrier
struck at all.

Terrier—There were several of you following me at
once. The nearest sergent cried out, " Arrete, coquin !
ou je to passe mon epee ou travers du corps. I conti-
nued to fly. It was then he took his sword by the point.
and struck me with the hilt. The blow made me so
ill that I was obliged to go the hospital, where I was
ordered hot baths.

Nodier positively denied that he had struck Terrier
at all. It was unnecessary, he alleged, to resort to ex
treme force, since they were three against one.
Terrier—The witness lies. lam an honest man, moi.
I swear once more that he struck me.

Chamoin, another sergent de ville, deposed as fel-
lows :—When we came up to disperse the crowd,
we remarked a small group at the corner of the
Rue d'Arcole. There were stones flying in that
direction. I advanced alone, and followed a
young man, who took to flight. I arrested him. He
lic!d in his right hand a stone with which he struck me
sc. oral times in the stomach. But that did me no
harm.—(Laughter.) In my struggle with him my hat
tell to the ground. I stooped, and he hit me on the
head with the same stone. The blow stunned me, and
I let go. [The witnesses's head appeared to have been
softer than his stomach.]
President—Can you point out the person who struck
you ?
Witness—lt was Terrier.

Terrier lustily denied this ; but the sergent as lustily
persisted in his statement. The sergent added that the
stone made " a hole in his head."

Another witness deposed to his having arrested the
prisoner Fougerolles in the Rue d'Arcole, while he was
in the act of crying " Aux armes !" and gesticulating
violently.
The Tribunal sentenced Terrier to four months' im-
prisonment (a more perfect specimen of a Parisian gamin
it would be difficult to find) ; Fougerolles was sentenced
to three days' imprisonment ; and the complaint against
the two other prisoners was dismissed for want of
evidence.