The Sun.
London, England, 1848-08-16 00:00:00

16, 1848.

that Mr. Phayre was a Government contractor, and that FROM THE LONDON 'GAZE"'

if such happened to be the fact he would challenge him
for cause.
Mr. Phayre having been asked whether he was ever a
Government contractor, stated, with great vehemence of
manner, that he never received a single sixpence from
the present or any other Government.
Sir C. O'LoGHLEN—Then, Mr. Phayre, we challenge
you because von appear to be such an energetic indivi-
dual.—(Laughter.)
Upon the name of Edward Bassett being called, the
Clerk of the Crown was proceeding to administer the
oath (neither counsel for the Crown nor for the prisoner
offering to challenge), and had proceeded as far as the
words " juror, look upon the prisoner ; prisoner, look
upon the juror, you shall well and truly try," when the
Crown Solicitor said, " Stand by."
Sir C. O'LOGITLEN submitted that the words " Stand
by" had been used too late, and called on the Court to
allow the juror to be sworn. He stated that it was de-
cided in the case of " The Queen v. Frost," that if the
words "you shall well and truly try" had been used, it
was too late either for the Crown or the prisoner to put
in a challenge, and order the party to stand by. There
were several persons at the witnesses' table prepared to
swear that the words in question had been uttered by the
Clerk of the Crown before the challenge was given.
The Clues. BARON having questioned the Clerk of the
Crown on the matter, stated that he had been informed
by him that the state of the facts was as follows :—ln
the first instance the juror was called. He (the Clerk of
the Crown), then asked the prisoner whether he chal-
lenged or not, and, no challenge having been made, be
proceeded to administer the oath to the juror without
asking the Crown Solicitor whether he should order
the party to stand by, who thereupon said " Wait,"
for the purpose of preventing him from putting the
oath ; and that, having rather hastily spoken some
of the words of the oath, the Crown Solicitor inter-
rupted him by saying " Stop." Now, such being the
state of the facts, it was evident that the Crown Soli-
citor used the words " wait " and " stop," for the pur-
pose of delaying the administration of the oath, and, as
the Crown should not suffer by the mistake of the offi-
cer of the Court, the Court were of opinion that the
Crown was entitled to tender their challenge in the case
of this juror.
Baron PENNEFATIIER concurred in the decision of his
Learned Brother, and the juror was accordingly or-
dered to stand by.
Several other challenges having been put in on behalf
of the prisoner, until he had exhausted his power of
challenging peremptorily, and also a great many per-
sons having been ordered to "stand by" by the Crown,
the following jury were sworn:—Samuel Waterhouse,
foreman; Edward Barrett, Richard Collier, Daniel Law-
rence, William English, Timothy O'Brien, Thomas
Johnston, William Duffy, Henry Wharton, George
Halpin, Joseph Parsons, and Thomas Walsh.
Amongst the objections made to the jurors were the
following:—Upon the name of Mr. Thomas Stewart
being called,
Sir C. O'LocneEN objected to him on the ground that
he held an office under the Crown, and proceeded to ex-
amine him on the subject.
The juror, in reply to the questions put, stated that
he held a situation in the Four Courts connected with
the Court of Common Pleas, under the Hon. David
Plunket, who appointed him.
The COURT having considered the objection a futile
one, the prisoner's counsel challenged Mr. Stewart
peremptorily.
Sir C. O'Locannte next objected to Mr. W. Duffy,
upon the ground urged in the case of " The Queen v.
O'Doherty," namely, that he was a burgess of the city
of Dublin, and that by the charters granted to the Lord
Mayor, aldermen, and burgesses of Dublin, in the
reign of Henry V., and other Sovereigns, burgesses, as
part of the Corporation, were entitled to the property of
persons convicted of felony, and that consequently Mr.
Duffy was interested in Mr. Martin's conviction. The
Learned Gentleman then referred to the case of " The
King v. Law and Maguire," reported in the fourth
volume of Howell's edition of" The State Trials," pages
668 to 670, which was not in Court upon Tuesday.
when Mr. O'Doherty was on trial and handed in his
challenge.
The Crown having entered a demurrer,
The Gonna. ruled in favour of it, reserving the point
for the prisoner.
The Clerk of the Crown having then given the prisoner
in charge to the jury,
The ATTORNEY-GENERAL proceeded to state thecae()
for the prosecution, which, he said, was very similar to
the case of " The Queen w. Doherty," tried during
the previous week, although it differed in one point ma-
terially, and that was, that the prisoner, Mr. John
Martin, was not only the solo proprietor of the Irish
Felon, but was likewise registered as the sole printer
and publisher, whereas Mr. O'Doherty, the prisoner in
the other case he alluded to, was only registered as joint
proprietor, and was neither the publisher nor printer.
The Learned Attorney-General then went on at some
length to state the law of the case under the late
Act of Parliament, and to mention the circumstances
under which Mr. Martin originally ;started the Felon,
namely, after the conviction and transportation of Mr.
John Mitchel, the proprietor of the United Irishman,
whose steps he professed to follow in the very first
number of his paper. He then read the several articles
relied on for the prosecution, from five separate copies of
the Felon, and contended that under the statute, if the
jury believed Mr. Martin to be the proprietor, printer,
and publisher of that paper, they could not hesitate to
convict him upon the indictment, for the articles them-
selves could not bear a second interpretation.
At the conclusion of the statement of the Crown case,
evidence was given to prove Mr. Martin's proprietorship
by Mr. Vernon, of the Stamp-office.
The Court ,was then adjourned to ten o'clock in the
morning, when Mr. Butt, Q.C., will address the jury for
the defence.

SERIOUS RIOTS IN ASHTON-
UNDER-LYNE AND LOSS OF LIFE.
ASHTON, TUESDAY—This town was last night thrown
into a state of great alarm, by the intimation received
by the authorities, that it was the intention of the Char-
tists and Itepealers to create a disturbance, and draw
out the plugs from the various factories round the dis-
trict, so as to obtai❑ a general turn-out of the hands
employed.
About a few minutes before twelve last night a police-
constable, named James -Bright, was walking down
Bantinck-street, and when about fifty yards below the
Chartist meeting-room, he was shot through the breast
by some person not yet discovered, although the perpe-
trator was surrounded by at least fifty persons, armed
with guns, pikes, &c. Two other policemen were after-
wards pursued, but they managed with some difficulty
to reach the Town-hall in safety. A messenger was
then sent to the barrack, but on his way thither he was
met by an armed mob, who compelled him to turn back.
Another messenger was next dispatched, and gained the
barrack by a different road. In a very few minutes the
military were under arms, and on the spot where the
mob had been collected, but previous to the arrival of
the military a large body of special constables, the bo-
rough police, and several mounted special constables
had attacked the mob, whom they soon put to flight,
taking two of them prisoners. They also found a pike
on the road, the shaft of which is about eight feet long,
and the blade about twelve inches, sharpened on both
sides.

An immediate search was made for arms, and they
arrested a man named Wm. Healey, of Newtown Moor,
a weaver, who had in his possession a loaded pistol, a
butcher's steel, powder, slugs, Chartist Manual, shot
bag, pike-head, wadding-purse, a slater's pick, shar-
pened knife. &c. A man named Wm. Penny was in his
company, and had some gun caps ; a third; named Thos.
Lees, cotton spinner, had two boxes of lucifer matches;
a fourth, named Win. Eden, a shoemaker, had a pike-
handle, two knives, and two hall tickets. There were,
in the whole, twenty-two persons taken into custody on
the occasion. A quantity of ball cartridges have since
been found in the garden of Mr. Binns, of Dukinfield,
past whioh place a number of the Chartists moved on the
road to Hyde, where they succeeded in drawing the plugs
from the boilers of Messrs. Hibbert and Messrs. Thor-
niley's mills. Here also the police and specials were
promptly on the spot, and prevented any further outrage.
TUESDAY NooN.—Siuco writing the above, we have
learnt that a person named George Shawcross was shot
through the calf of the leg with some slugs, while pas-
sing the end of Bentinck-street, at half-past ten, and that
a man who works at Mr. Fowler's (the potter's), was
stopped in the street, because he had a muffler round his
mouth. The mob thought he was a policeman in dis-
-1 guise, and pierced him through the thigh with a spear.
This morning a number of pikes which had been found
in a field were brought to the Ashton Town.hall by the
police. The handles of many were quite new, and of
others the beads appeared to have been recently broken.
On their way to Hyde, about two o'clock this morning,
the mob stopped at the residence of Charles Hindley,
Esq., M.P., Dakinfield-lodge, in front of which are
placed some small pieces of cannon. Ono of these
pieces they carried with them, but finding it too heavy
baggage on their way they left it on the road behind
them.
Another man, named Bradshaw, has been wounded in
the thigh by a pike. He was attacked in a square near
the church, and the weapon was driven almost quite
through his leg. The mob called themselves " the
National Guards," but when the military made their ap-
pearance they had departed.
Great fears were entertained by the authorities in
Manchester that some attempt might be made to disturb
the peace of the town ; every precaution, however, had,
been taken. and there is not the slightest probability
that any attempt will be made there. The Confederate
.
clubs met last night in Manchester with closed doors
all of them were said to be crowded.

GOVERNMENT RETRENCHMENT.—We understand
that it is the intention of the Lords of the Treasury to
place the business of the Stamps and Taxes under the
Board of Excise, by which arrangement the salaries of
a chairman, deputy chairman, and commissioners will
be saved to the public purse.
MURDER NEAR NEWCASTLE.—The village of Birt-
ley, about four miles from Newcastle-upon-Tyne, was,
on Saturday last, thrown into a state of commotion,
caused by. the commission of a murder by one of the
workmen in the Birtley Iron Works. It appears that
on Sunday morning, George Watson and Thomas Reid,
who were employed in the above-named establishment,
went to their work as usual; something passed between
them in the course of the morning which led to a quarrel.
After several angry words had been spoken by both par-
ties, Watson raised a bar of iron and struck Reid on the
head, which laid his skull open. Reid immediately fell,
and expired in a few minutes. Watson was seized, and
has since been committed to Durham gaol on the coro-
ner's warrant, charging him, on the finding of the jury,
with wilful murder.
ROYAL SAPPERS AND MINERS.—Four companies
will be added to the existing strength of the corps,
making 23 companies in all.company is 100 rank and file. The strength of each

OF TUESDAY.
FOREIGN-OFFICE, AuG. 14, 1848.
It is hereby notified, that Viscount Palmerston, her
Majesty's Principal Secretary of State for Foreign
Affairs, has received from Count Reventlow, the Danish
Minister at her Majesty's Court, a note, dated the 10th
instant, of which the following is a translation :
(TRANSLATION.)
In conformity with the orders which he has received
from his Government, the undersigned, Envoy Extraor-
dinary and Minister Plenipotentiary from his Majesty
the King of Denmark, has the honour to notify to his Ex-
cellency the Viscount Palmerston, Principal Secretary
cf State for Foreign Affairs of her Majesty the Queen
of Great Britain, that the Government of the King has
decided to blockade, from the 15th of this month, the
rivers Elbe, Weser, and Jande, as well, as the eastern
entrance of the port of Stralsund, and of Griefswalde,
and to solicit him to have the goodness to cause the
usual notification thereof to be made.
The undersigned has been instructed to observe to his
Excellency Viscount Palmerston, that neutral packet
boats will be able freely to keep up the regular postal
communications heretofore established, upon condition
that they do not carry contraband of war.
The undersigned, &c.,
(Signed) REVENTLOW.
Danish Legation, August 9th, 1848.
WAR-OFFICE, AUGUST lb.
2d Dragoon Guards—Cornet Thomas Belsey Tomlin
to be Lieutenant, by purchase, vice Ridley, who retires ;
John Clements, Gent., to be Cornet, vice Tomlin,
Aug. 15.
3d Light Dragoons—Frederick Thomas Ongley
Hopson, Gent., to be Cornet, by purchase, vice Dims-
dale, appointed to 10th Light Dragoons, Aug. 15.
7th Light Dragoons—Lieutenant Edward Henry
Cooper to be Captain, by purchase, vice Peel, who re-
tires ; Cornet Francis Arthur Farrell to be Lieutenant,
by purchase, vice Cooper ; Frederick Myddleton West,
Gent., to be Cornet, by purchase, vice Farrell ; As-
sistant-Surgeon William Baker Young, from 50th Foot,
to be Assistant-Surgeon, vice Wardrop, appointed to the
Grenadier Regiment of Foot Guards, Aug. 15.
10th Light Dragoons—Cornet Henry Fraser Dims-
dale, from 3d Light Dragoon, to be Cornet, vice Dury,
who retires, Aug. 15.
Bth Regiment of Foot—Lieutenant William Bayly to
be Captain, without purchase, vice Holder, deceased;
Ensign Horace Ximenes to be Lieutenant, vice Bayly;
Ensign Alexander Ross Bayly, from 85th Foot, to
be Ensign, vice Ximenes, August 15 ; Lieut. Robert
Stuart Baynes to be Adjutant, vice Bayly, promoted,
May 29.
10th Foot—Ensign Thomas Planta Denne, from 55th
Foot, to be Ensign, vice Goodfellow, appointed to 22d
Foot, Aug. 15.
13th Foot—Colour-Sergeant Duncan M'Naughten,
from the Ist or Grenadier Regiment of Foot Guards, to
be Quartermaster, vice Bryan Hanrahan, who has been
superseded, being absent without leave, Aug. 15.
17th Foot—Captain William Edwards, from the 86th
Foot, to be Captain, vice Welman, who exchanges,
Aug. 15.
19th Foot—Lieutenant John Margitson to be Captain,
by purchase, vice Sir Mark Anthony Henry 'suite,
Bart., who retires, Aug. 15; Ensign and Adjutant
Richard Barrett to have the rank of Lieutenant, Aug.
14; Ensign William Harris to be Lieutenant, by pur-
chase, vice Margitson ; Thomas Goodricke Peacocke,
Gent., to be Ensign, by purchase, vice Harris, Aug. 15.
22d Foot—Ensign Joseph Charles Goodfellow, from
10th Foot, to be Ensign, vice Fead, who resigns, Aug. 15.
32d Foot—Captain Harry Wainwright Hough, from
50th Foot, to be Captain, vice Weare, who exchanges,
Aug. 15 ; Lieutenant George Samuel Moore, to be Cap-
tain, without purchase, vice Gardiner, deceased; Ensign
Alfred Bassano, to be Lieutenant, vice Moore, May 24;
William James Anderson, Gent., to be Ensign, vino
Bassano, Aug. 15.
33d Foot—Brevet Major Charles Allen Young, from
half-pay Unattached, to be Captain, vice John William-
son, who exchanges; Lieutenant Charles Mills to be
Captain, by purchase, vice Young, who retiree; Ensign
Nathaniel Kemp to be Lieutenant, by purchase, vice
Mills; Walter George Nugent, Gent., to be Ensign by
purchase, vice Kemp ; Lieut. William Pretyman to be
Adjutant, vice Mills, promoted, Aug. 15.
34th Foot—Assistant-Surgeon Frederick Burton
Phillipson, from the Staff, to be Assistant-Surgeon, vice
Johnstone, who exchanges, Aug. 15.
35th Foot—Captain Neil Suodgras Buchanan, from
93d Foot, to be Captain, vice Ewart, who exchanges;
Lieutenant Sussex Lennox Aubrey Beauclerk Messiter,
from half-pay 28th Foot, to be Lieutenant, vice Chat-
terton, promoted, Aug. 15.
43d Foot—Quartermaster-Sergeant Joseph Denton to
be Quartermaster, vice Samuel Rand, who retires upon
halt-pay, Aug. 15.
45th Foot—Captain Henry Downe Griffith from 77th
Foot, to be Captain, vice Fellowes, who exchanges,
Aug. 15.
50th Foot—Captain Henry Edwin Weare, from 32d
Foot, to be Captain, vice Hough,who exchanges, Aug. 15.
55th Foot—Gladwin John Richard Wynyard, Esq.,
(Page of Honour to the Queen Dowager) to be Ensign,
without purchase, vice Denne, appointed to the 10th
Foot, Aug. 15.
59th Foot—Frederick Anthony Trevor, Gent., to be
Ensign, by purchase, vice Coghill, who retires, Aug. 15.
61st Foot—Lieutenant John Patrick Redmond to be
Captain, without purchase, vice Stewart, deceased; En-
sign William Henry Wall to be Lieutenant, vice Red-
mond, May 20.
77th Foot—Captain James Butler Fellowes, from
45th Foot, to be Captain, vice Griffith, who exchanges,
August 15.
86th Foot—Captain Harvey Wellesley Pole Wellman,
from the 17th Foot, to be Captain, vice Edwards, who
exchanges, August 15.
87th Foot—Lieutenant James Bailie to be Adjutant,
vico Cobbe, promoted, August 15.
93d Foot—Captain A. Ewart, from 35th Foot, to be
Captain, vice Buchanan, who exchanges, Aug. 15.
UNATTACHED.—Lieutenant Oliver Nicolls Chatterton,
from 35th Foot, to be. Captain, without purchase,
Aug. 15.
HOSPITAL STAFF.—Staff Assistant-Surgeon Francis
Charles Annesley to be Staff Surgeon of the Second
Class, vice Alexander Smith, M.D., deceased; Asistant-
Surgeon Richard Carew Anderson, from 82d Foot, to
be Assistant-Surgeon to the Forces, vice Annesley,
promoted ; Assistant-Surgeon William Smellie John-
stone, M.D. from 34th Foot, to be Assistant-Surgeon to
the Forces, vice Phillipson who exchanges, Aug. 15.
MEMORANDUM.
The commission of Lieutenant Edward Fitzgerald
Campbell, as Adjutant of the 60th Foot, has been ante-
dated to the 12th May, 1848.
Commissions by the Lord-Lieutenant of Denbighshire.
Denbighshire Yeomanry Cavalry—John Edward Mad-
docks, Esq.,.,to be Captain, vice Naylor, resigned; Robert
Lloyd, Gent., to be Lieutenant, vice Peers, resigned,
Aug. L