The Sun.
London, England, 1846-07-13 00:00:00

LONDON, MONDAY EVENING SU N 7

No. 16,790,

CONFLAGRATION at ST. JOHN'S, NEW-
FOUNDLAND.
The Committee- for Promoting a General Subscription in AID of
the SUFFERERS by this.AWFUL CALAMITY, which. caused the
loss of ' a million of property, and rendered houseless and destitute
more than ten thousand inhabitants, hereby give notice, that a
PUBLIC MEETING will be held at the London Tavern. -Bishops-
gate-street, on WEDNESDAY NEXT, the 15th instant, at Elevin for
Twelve o'clock precisely.
The'Right Honourable the LORD MAYOR in the Chair.
Dated Committee room, 11, Leadenhall-street, July 9, 1846.

PLEASURE EXCURSION to ROTTERDAM
VIA YARMOUTH.

A Special Train will leave the Shoreditch Station of the EASTERN
COUNTIES RAILWAY, on THURSDAY MORNING, the 16th instant,
at Five o'clock precisely, and will call at Cambridge. As soon as it
reaches Yarmouth, the new and rapid steamer Norfolk will start for
ROTTERDAM, reaching that port about Five P.M. She will return on
FRIDAY EvENING, the 17th instant, and upon her arrival at Yar-
mouth the passengers will be immediately forwarded to London.
Tickets (which may be had at Shoreditch Station, or at the Offices
of the Norfolk Railway Company, 19, Guildhall-buildings), for the
journey and back, from either London or Cambridge, including First
Class by Railway, 30s. As the number will be very limited, early
application must be made.
For the accommodation of such persons as may be desirous of
spending a week in Holland, the tickets will be available to return on
THURSDAY, the 23d instant. It is the intention of the Norfolk Steam
Navigation Company to run their vessels weekly to Rotterdam in
connexion with the Railway, particulars of which will be duly an-
nounced.
Offices, Shoreditch Station, July 8,1846.

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ASSIZE IN TELLIGENCE7_

- -
NORTHERN CI RCUIT.—York castle, July 9.
The York Summer Assises commenced to-day, immedi-
ately on the arrival of Sir William Wightman, Justice of the
Queen's BEnch, at seven o'clock in the evening. The high
sheriff of the county, James Walker, Esq., was in waiting at
the terminus, and conducted him in his state carriage, pre-
ceded by the civic functionaries, a guard of javelin men in
the sheriff's liveries, and three trumpeters, to the castle,
where the royal commission was read, and the assizes
opened with all the imposing ceremonies peculiar to this
ancient city. .

companied by Friday, July.lo.
To-day, Sir Cresswell Cresswell, Justice of the Comnion-
Pleas, having also arrived, both the Learned Judges proceded
from their lodgings- in the high sheriff's carriage, and, ac-
twelve o'clock, when Justice Wightman, in the Nisi
a guard and trumpeters, reached the castle at
Prins Court, proceeded to try the city prisoners.
The Criminal Court was opened by Justice Cresswell.
The list of magistrates for the west, north, and east riding
was, called over.

The first t;enty-three who answered to their names were
then sworn in as the grand jury, Sir Digby Ledger, being the
foreman.
Her Majesty's proclamation against vice and immorality
was read by Mr. Pritchard, clerk of arraigns.
Silence then being proclaimed by the crier, his Lordship
addressed the grand jury.
Gentlemen of the grand jury,—l am happy again to have
the pleasure and honour of addressing you, although I must
confess there is nothing in the nature of the calendar before
me upon which I have to offer you any congratulation. In
the table just published by the authorities of the Home
Office upon the state Of crime throughout the country it is
stated that there has been a decrease in the number of crimes
committed generally, and that in the last year there has been
a great decrease in the number of commitments within the
county of York. lam sorry to observe it is not so on this
occasion, for the number is greater than it was at the as-
sizes at this period last year. Neither is there anything very
encouraging in the character of the offences with which the
prisoners are to-day charged. Certainly last Summer Assizes
there were many cases of charges of stabbing; this assizes
there are but five, nor are they of quite so atrocious a de-
scription ; yet it is to be regretted that there are nine of man-
slaughter, this assize4n itlgutal, savage manner, too often
resorted to in this and the adjoining western county, by
means of fighting up and down, ankicking a man, when
down on the ground and helpless, with heavy or witted
shoes, a cruel and unmanly practice, only to be exceeded by
an attack with a deadly instrument. There are but too
many cases of violent attempts against young unprotected
women. In one case four men are charged with the offence,
in which it must be obvious that it is quite impossible and
hopeless that a young female, by anything she could do, should
be able to offer any effectual resistance to the ;completion of
the offence, when assailed by a combined attack of four men.
There appears to be nothing complicated in these cases, only
it should not be overlooked by you, that when several per-
sons are in confinement, charged with being engaged in the
same offence, what one may say to criminate the other will
alone be no evidence of the guilt of his comrade. There
are two cases of murder on the calendar, the first by a father
of his child. It did happen that on the inquiry before the
coroner the evidence of the prisoner's wife was admitted
against him. Such evidence is, by our law, inadmissible, and
you, gentlemen, will not suffer it to weigh with you when
the bill of indictment is submitted to you, and will see that
the charge is supported by other evidence before you find a
bill under such circumstances. In the other case, Robert
Knowison is charged with the wilful murder of his father,
in which there is but too much reason to believe, from his
previous conduct, that the prisoner laboured under insanity.
If there are circumstances which manifest that the prisoner
was so insane, of course you will do well to find no bill. If
you doubt the evidence on that point, you will best consult
the interests of justice by presenting the bill to the petty
jury, and if the prisoner be found not guilty on the ground
of insanity, then the law will find means to protect
society from danger by providing for the continued
imprisonment of the prisoner as an insane person. The case
of Collins is happily the only one of incendiarism or arson
in the calendar. There is, I believe, no evidence of his
guilt except that which is supplied by his own testimony,
and you will do well to see if that sort of evidence is corro-
borated by other credible evidence before you find• a bill.
The case of Mary Chapman is singular. She is charged with
manslaughter. I may not perhaps have all the depositions
taken before the magistrates in this case; but if I have I
must confess I am surprised to find her here on sucha charge
as manslaughter. She appears to have been called in at a
labour. The woman she attended was very ill, and the case
one of difficulty. The woman was delivered with some as-
sistance, but subsequently she died. It does not appear
there was any gross rashness or gross negligence in the pri-
soner's treatment of the deceased ; and as to the question
whether the prisoner was .a licensed practitioner or not that
'will not affect her 'upon a-charge of manslaughter, whatever
its effect may be as to subjecting an unlicensed person to
penalties. I confess, without gross rashness or negligence
being clearly proved, I think this case must fall to the
ground. The case of Martha Dulk is that of a woman
charged with exposing her infant child in the open air, with
intent to murder it. The.child, it appears, was left out in
hedge. However,
.it is now living, and in health, which will
dispose of the charge of felony, 'though not perhaps of the.
misdemeanour. With the aid 9 these few observations I
have no doubt you will be enabled to find your way very
clearly through the cases that will be submitted to you in the
discharge of your important duty.
The grand Jury then retired to their room, and soon after
appeared with bills they had found.
The calendar contains the names of 104 persons charged
with offences, of whom 76 are in custody; 2 are accused of
burglary, 12 of cutting and wounding, of 'Wounding wail e
gun, 3of bigamy. The rest are charged with street robbery,
forgery, riot, felonies, and misdemeanours.
The trial of Julius Marcus Herman, adifitfiertiniiiriest
assizes, on three indictments for forgery, but postponed, was
again postponed upon his application, through Mr. Sergeant
Wilkins, until to-morrow.
His Lordship proceeded to try some forgery cases of little
or no interest. '

OXFORD ClRCUlT.—Abingdon, July 11.
CROWN COURT.—(Before Mr. Sergeant GASELEE.)
David Stroud, a saddler and harness-maker, carrying on
business at Aldermaster, in this county, was indicted for
having administered in September last noxious drugs to one
Maria Nash, who was occasionally in his service, with in-
tent to procure abortion. It appeared on the investigation
of the case, that the defendant had written a prescription
which he gave to a fellow-servant of the prosecutrix, a man
named Harris, who sent it to a druggist at Reading; that
the prosecutrix took a few of the pills which the druggist
sent back; that the medicines mentioned in the prescription
were merely strong aperients, which; unless taken in large
quantities, could not produce abortion; that she did not take
them in large quantities; and that a healthy child was born
in due time, and was now living. For the defendant it was
attempted to be made out that Harris, not the defendant, was
the father of the child, and that Harris and the prosecutrix
induced the defendant to write the prescription in order to
effect their own objects against him.
The jury, after a quarter of an hour's consultation,Acquit-
ted the prisoner.
He had been prosecuted by Mr. V. Lee, and defended by
Mr. Carrington and Mr. Pigott.
MURDER.—Sarah Wickens, aged 23, was indicted for the
wilful murder, on the 16th of March last, of a male child,
four months old, which in some counts of the indictment was
laid as her own child, and in others not. She was also charged
on a coroner's inquisition with the same offence.
On the case being called on, and it being discovered that
the prisoner had no counsel, the Learned Judge requested
Mr. P. Mahon to defend her. The prosecution was con-
ducted by Mr. Carrington.
The facts of the case were these :—On Saturday, the 14th
of March, the prisoner was seen sitting on the side of the
road leading from Reading to Aldermaster by a Mr. Packer,
a music-master, of Reading, who was driving by in his car-
riage ; but, on noting her condition, alighted. She had a
child in her lap, and a bundle by her side. She was crying,
and appeared very miserable, and told him that she had
no suck for the child, and no money or victuals ; and that
she was going to Crookham-common to get something from
the father of the child. The latter was extremely emaciated,
and was wrapped up in a flannel dress, or something of that
sort, by which its head was partially covered. He did not
give the woman anything, as he feared she might be a
tramp ; but he desired her to go to a lady's in the neighbour-
hood and use his name. He was talking to her at the ut-
most about a quarter of an hour. On the night of the same
day, about eleven, a man named Hoare found the pri-
soner lying near a hayrick inside the road, with a baby and
a bundle. She seemed very weak, and the child in a most
emaciated condition. He took her to his house, and kept
her there till eleven the next day. She was very kind to
the infant, and did all for it that a fond mother could.
When she went away she left a bundle behind, as she was
unable to carry the child and the bundle. A man named
Goddard saw her on Sunday. She asked leave to come into
his house and warm the baby. The child seemed cast away
for want, and kept fretting all the time the prisoner re-
mained in the house, which was about an hour. She was
very attentive and kind to the child. At a little after five
o'clock—about a quarter after five—on Monday, the 16th,
Mrs. Goddard saw a woman with a child in Brompton-lan e
Axe house
and at half-past five the prisoner came to Hoare's house,
which is between a mile and a mile and a half from Bromp-
ohfish who lived about four miles
his, said
said she had left it at
ton-lane, and asked for her bundle; and on getting it went
off. She had not the child when she came then, and, in
fromrfnosonwni
one Hazel
ot
aor
az an
Int,oilln .
an
au nirey of
uncle
. it was at that time raining heavily.
Between seven and eight o'clock that evening she called at
Hazel's, but never left a child there. Hazel did not know
that she had had a child. On the 27th of March, as two
sweeps named Rawlins were going along Brompton-lane, a
dog of theirs pulled out the body of a child from a large hole
formed by the excavation of the_ earth from under the roots
of a tree growing on the top of
ravel hedge. At the bottom of
the hedge the road was a hard g one. The hole had
been made by rabbits, and was apparently a resort for them,
d
and the child was so placed in
in it that a person
going along
the
the lane would have seen it if hebiad looked carefully in that
direction. They took away ody. An inquest was held
upon it the next day. Hoare carne and looked at the body
of the child, but could not say that it was the child he had
seen with the prisoner. It did not appear that Goddard saw
the corpse. Mr. Packer saw it after the inquest, and swore
positively to its identity with that of the child he had seen
with the prisoner : he knew it by its emaciated state and high
cheek bones. A Mr. Cog, a surgeon, proved that the death
of the child must have been caused by its head being struck
against a hard substance. or a i hard substance being struck
against the head. He added, t iat generally the cheek bones
were not more prominent after than before death. No evi-
dence was given as to the conduct or proceedings of the pri-
soner since the 16th of March.
Mr. P. APMAHoN having addressed the jury on behalf of
the prisoner,
His LORDSHIP read over the evidence, and summed it up
with great care and attention.
The jury, after a few minutes deliberation, returned a ver-
dict of Not Guilty.
Oxford, July 11.
Mr. Justice MAULE, after disposing of the cases at his
Court at Abingdon, carne over here and opened the com-
mission with the usual formalities.
His Lordship and Mr.
Sergeant Gaselee will attend Church to-morrow. There are
nine causes in the list, of which three are for special juries.
There are in the calendar one ease of murder, one of rape,
one of burglary, two of arson, one of housebreaking, one of
poaching, one of horse-stealing, several larcenies, and one
assault; and the names of nineteen prisoners altogether.

NORFOLK ClRCUlT:—Buckingham, July 11.
The commission for this county was opened on the 10th,
by Mr. Justice Williams. Thecakndar contained the names
of seven prisoners only, of whom one was chaged with arson,
three with burglary, and three with larceny. Of these one
could neither read nor write; one could read imperfectly, and
the others could read and write, but only imperfectly. The
calendar contained a list of persons now confined on orders in
the gaol and in the house of correction—they are 49 in num-
ber ; of them three can read and write well, 22 can read and
write imperfectly, 13 can read imperfectly, and 11 can
neither read nor write. The cause list was unusually light;
two cases only were tried, and the one only was defended.
The assizes were brought to a close before five o'clock on Sa-
turday, but the judges and. the bar will remain until after
the entertainment on Monday, to which they have been in-
vited by the Duke of Buckingham.
CROWN COURT.—(Before Mr. Baron ALDERSON.)

THE QUEEN V. LAWRENCE HUGHES. JOSEPH PEARCE, AND

ROBERT SHOPPER.
BURGLARY.—REMARKABLE PRESENCE OF MIND.—ThiS
indictment charged:the defendants with having burgiariously
entered the dwelling-house of Richard Weatherby, at Iver,
and with having stolen therefrom a watch, a pistol, a gun,
and a snuff-box, on the night of the 3d of May last.

From the eviaence it appeared that the Prosecutor, who
lives at the- Parsopage Farm at Iver, retired to rest on the
night already named about ten o'clock, and placed on the
table in his room the keys of a chest standing near his bed-
side, in which he had locked a canvas bag that contained the
sum of 1901. At that time all the doors and windows were
safely locked and bolted. About two o'clock he was awakened
and found four men in the room, one of whom stood over
him with a stick while the others ransacked the place. On
the keys being found the chest was opened, and the men be-
gan to rummage it. The prosecutor, who was now aban-
doned by the person who had stood over him, perceived that
th.'y overlooked the canvas bag. He raised himself in his
bed—stretched his arm to it—conveyed it rapidly under the
bed-clothes, and then began to call aloud for his servants.
The call was answered and the men made off—one of
them rushing to the head of the bed, and snatching away
the prosecutor's watch as he went. The prosecutor,
though nearly seventy years .of age, got up at once—
stumbled over a large stick, which he seized—ran down
stairs, attacked the thieves in the passage, and dealt to one a
tremendous blow on the face. As soon as the house was
cleared, an examination of the
,premises took place. It ap-
peared that die-Mime had been entered by means of a panel
broken in the back door, in the path leading to which the
footmarks of four men were to be seen ; in the passage of the
house, and also in the family room, the floor was deeply in-
dented with the impressions of a man's boot; and a strange
hat was discovered in the passage. The prisoners, who had
been seen in company near Iver, both on the night before
and the morning after the burglary, were soon afterwards
taken into custody. Hughes was identified as the man who
had stood over the prosecutor. The boot of Pearce corre-
sponded exactly with that of which the impression had been
left on the floor. Shoppee exhibited on his face the marks
of a blow recently inflicted with a stick; and the hat was
found to be that of Hughes.
Mr. Saunders and Mr. Wells conducted the prosecution ;
Mr. Tozer addressed the jury for Hughes and Pearce.
Mr. Baron ALDERSON having left it to the jury to say
whether the evidence of identity was satisfactory to them, a
verdict of Guilty was returned against all the prisoners.
Shoppee, who had been previously convicted of felony, was
sentenced to transportation for life, and the other two to
transportation for 20 years.
CIVIL SlDE.—(Before Mr. Justice Wil-usius and a Com-
_

men Jury.)

GLADDEY V. STUCHBERRY.-THE FUNCTIONS OF CONSTABLE.

The plaintiff, who is a labourer, and one of the choristers
of the church of Brill, in this county, thought proper, on
the evening of Saturday, the 14th of March last, to go to
a house in that place, called the Rose and Crown. Notwith.
standing that the plaintiff is now in very humble cir-
cumstances, he was formerly well off, and he chose to
enter the parlour of the public-house, where the baker and
other magnates of Brill were assembled. After some time
he volunteered to entertain the company with the old song
of " Tom Bowling ;" and, whether it was that the song
was obnoxious to the personages present, or that the com-
pany of the singer was disagreeable, at the conclusion of the
second verse his face was blackened with snot and candle
grease, his hat was thrown on to the fire, and on the
defendant Stuchberry, who is the constable of Brill, coming
into the room, the plaintiff was given in charge for
disorderliness. Stuchberry inquired whether the per-
sons giving the plaintiff in charge were in earnest, and
on receiving an answer in the affirmative, immediately
attempted to take him into custody. A scuffle ensued,
and the two fell, Stuchberry, who is a powerful man, being
uppermost. One of the bones of the plaintiff's leg was
slightly fractured. He was led home, inflammation ensued,
and he was confined to his room in great pain for some
weeks. On his getting well he brought this action for the
recovery of damages against Stuchberry and the other per-
sons concerned in the assault. The defence was that Stuch-
berry was justified in attempting to take the plaintiff into
custody, the injury to the leg accidental, and the whole
quarrel one of a series of public-house brawls, of which the
plaintiff had been the hero. It appeared also that blacken-
ing the face with soot and grease is a punishment inflicted,
according to' the unwritten law of this county on those who
offend against the rules of decorum to be observed at meet-
ings such as that at which the cause of this action arose.
Mr. Sergeant Byles and Mr. O'Malley were counsel for the
plaintiff, who is a pauper; Mr. Prendergast and Mr. Power
represented the defendants.
Mr. Justice WILLIAMS told the jury that a constable had
no right to apprehend except on a charge of felony, on his
own suspicion of felony, or for an assault committed in his
own view, and left it to them to say to what damages, in the
event pf the witnesses being deemed worthy of credit, the
for the plaintiff—lntinge,, - - • .

HOME ClRCUlT.—Hertford, July 10.
CIVIL SlDE.—(Before Mr. Baron PARKE and a Special Jury.

/I LAGG V. STURT.

This was an action for libel. The declaration charged the
defendant with having published a letter accusing the plain-
tiff of having, in his capacity of clerk to the justices of St.
Alban'..?, corruptly conspired and procured the release of a
prisoner charged with embezzlement, and also with sharing
the money he had embezzled with him. The defendant put
several pleas upon the record, but their effect was a justifica-
.

tion of the statement.
Sergeant Shee, with Mr. Hawkins and Mr. Grunston, ap-
peered for the plaintiff; Mr. Martyn Chambers, Mr. Ryland
and Mr. Peacock, for the defendant.
Sergeant SIIEE stated the case, and said that the plaintiff
was a professional gentleman, residing at St. Alban's, where
he filled the office of town-clerk, and also clerk to the
borough justices, and who he believed was generally well
known and respected throughout the whole county, and he
appeared before them that day to complain of a most foul
and malicious attack that had been made upon him by the
defendant, and which was calculated to destroy for ever his
professional prospects and also his position in society. The
Learned Sergeant then proceeded to state that in the borough
of St. Alban's there were two separate jurisdictions of ma-
gistrates, one for the borough and another for the liberty,
both of them being entirely distinct and independent of each
other. The plaintiff, Mr. Blagg, acted as clerk to the
borough magistrates, and of course, in his capacity of attor-
ney, he was called upon occasionally to appear before the other
bench of magistrates, either as attorney for the prosecution
or to defend a prisoner, and inasmuch as it was an entirely
independent jurisdiction, and had nothing whatever to do
with the borough justices, it appeared to be clear that there
could be no objection to this course of proceeding on his
part. In the menth of April in the present year, Mr. Kin-
der, a brewer at St. Alban's, made a charge of embezzle-
ment against one of his clerks, named Gutteridge, and he
was taken before the liberty justices, and Mr. Blagg attended
as his solicitor. Every proceeding was taken in a perfectly
regular manner, and the result of the inquiry was that the
prisoner was committed for trial. Shortly after this a per-
son named Hutson, the uncle of Gutteridge, who had also
been in Mr. Kinder's employ, was taken into custody on the
charge of entbezzlement, and he was taken before the borough
magistrates. A solicitor attended on his behalf, Mr. Blagg
took the depositions, and the magistrates committed the ac-
cused for trial, but consented to take bail, himself entering
into a recognisance of 8001., and finding .four sureties in
2001. each. Everything during these proceedings had been
conducted in the most regular manner, and the plaintiff
was, therefore, astonished to find that the defendant had
taken upon himself to write a letter to Sir James Graham,
the Secretary of State for the Home Department, in which
he made statements of such a character as were calculated
to have been his utter ruin, if he had not had an opportu-
nity of contradicting them. Sir James Graham, upon seeing
the contents of this letter, however, very properly sent a
copy of it to the magistrates; and upon the plaintiff be-
coming acquainted, through them, with the contents, he im-
mediately commenced legal proceedings against the defendant.
The Learned Counsel then read the letter which formed the
subject of the present action. It was addressed to the Secre-
tary of State, and the following is a copy
" St. Alban's and Ilerts Bank, April 23, 1846.
" Honourable Sir,—Deeming the due administration of
justice of paramount importance, and that those who ad-
minister it should be not only pure, but above suspicion, I
beg to call your attention to the following facts, showing the
anomalous position of a certain functionary in this borough.
At this time there are two persons fully committed for trial
for felony, one by the liberty magistrates, and the other by
the borough magistrates. The parties are related, being
uncle and nephew, and lately clerks to a brewer, whom
they are charged with having robbed for a number of years.
The nephew was taken into custody first, and was com-
mitted by the liberty magistrates, and is now in our gaol,
bail having been refused. This prisoner is defended by the
town-clerk of this borough. The uncle was committed by
the borough magistrates, the town -clerk taking the evidence,
and acting as the legal adviser of the magistrates, a friend of
his acting as legal adviser to the "prisoner. The most close
intimacy has existed for years between the town-clerk and
' the two prisoners, and when the nephew's papers were yes-
terday examined, an enormous amount of accommodation
bill transactions, and legal proceedings arising therefrom,
amounting to many thousands, were discovered, the said
town-clerk and others with whom he is closely associated
being the parties thereto, thus clearing up the mystery as to
the uses to which the plunder has been appropriated. Deem-
ing this a state of things demanding a remedy, t respectfully
call your prompt attention to the same, feeling assured that
you will institute the necessary inquiry, and take such steps
as the justice of the case and the crying evils pointed out
demand. " I have the honour, &c.,
" G. STURT."
The Learned Sergeant proceeded to state that this letter
clearly contained the insinuations charged in the declara-
tion; and when the jury recollected that it was written by a
banker, and a person consequently of station and respecta-
bility, they could not but feel that it was calculated en-
tirely to destroy the plaintiff, and when he had satisfied
him, as he had no doubt he should do, that there was not
the slightest foundation for such charges, he called upon
them to give such exemplary damages as would effeetnally
re-establish the character Of the plaintiff in the minds of his
fellow-townsmen and tha county with which he had tem es
long connected.
The Hon. Arthur Dillon was then sworn—He deposed that
he held an office in the Home Secretary's department, and he
had attended with the letter addressed to. Sir James Graham
on the 23d of April, 1846, hilt before he produced it he begged
to be allowed to state that Sir James considered it a confi-
dential communication, and had instructed him not to deliver
it up unless his Lordship ordered him to do so.
Mr. Baron PAREE-,PO you decline altogether to deliver it
up, or will you abide by my decision respecting the point?
Witness—l shall do as your Lordship directs.
Baron PARKA—Then I think you ought to let us see it.