The Sun.
London, England, 1848-05-17 00:00:00

MAY 'l7, 1848. 1,

fore said ; but'
a all very well.forh those,thitt.are independent,
well
i . .thireeryothsem. as I be-
tO,look before leap. lehallbe anxiously lOoking
`fora reply. Ti."l
PSting'yOu are in .theerjoytuent of good
health; with kind
rregarde to Marthai *
" •ii • - R.
~,`, Mrs. Elea', in il'..t,. .'. V• a OA! •
°uSatt Gyett, the •plantiff's servant, exemined--4:344
been in plaintiff's
the defendant introduce the a year and a, half.- Had beard
Miss Upsdale - his iice the plaintiff at Graveiend as
"little intended wife." • The plaintiff
'had been muclidistreasedb the breaking off'of ; the mar.
riage. : The little boy
.thweas born at apartments taken for;
r.
A letter
. from the plaintiff's
ing hie instructions
action ; and that 83 fromits object
to bring the present
was' the recovery of da-
mages, he would be open
seine a pecuniary offer. -.
on the part of the plaintiff to re,
This closed the 'plaintiff -
• ' ....
' ' '
Mr, Sergeant _ . i s case.
..... geant TALFauaD Then
the jury' for the defendant; • Theproceeded to address
contended that rio breach .4if the d Learned Sergeant
in fact proved. The defenden efeadanils
Promise was
from that state of unhappy;infatuation -in truth awakened
Were generally lint too ipi' in which lovers
posit*, and ' seeing . the . 21get;tfie'realities of their
' world; with' nothing,
.he - , folly:.i of ,beginning ;the
of the! Bth of August to the plaintiff.4.ttten :the letter
made no reply. to that letter, The plaintiff
but.. a , 'fortnight
afterwards went to her attor • nwey and instructed hula.
in' effect that -money, alone'.
There the mittter rested.. The ries ;let she ,wanted,,
I
maiden name in; her former actiotia,4l .11,4 8-4'd in her,
' " ow. fteinn't'yitgitlar,'
gaiufst a nobleman,
en ' thb present occasion 'by the name O
attempted her adoption.
'The Probabilities Were that she had
on hei misfortune,;and: had hel&heraelf a t't)
trade
of a Mr. Black, with a ,legit*late
.sozi DrtuvicTlidaf ."1"091'?
and
the poor defendant, as a railway Clerk;l'aii flaiLIPrE
snare. It was not likely that thb defendant wouldthh the
'
.. —aie
formed such a connexion had; he known • ow plaintiff'e
true position. There was nothing to show, thait when he
rcwerae:3l.7 as
.r:
kuew of the plaintiff's former action he was aware that
had been the paramour of a uOblen3an. In the. fortner•
action the plaintiff had recovered 300/i.damages. : There
was no doubt but that money was now her object, but
she could not expeot to recover that sum again, as she
bad not been seduced a second time. :Ile hoped' the
jury would not think this ii CaSefor heavydamages; but,
whatever their verdict might impose on the ;defendant, it
vyould be preferable to.accepting the pleintiff and poverty
without virtue. _ • . . . , , ,
The Loin Cain! JUSTICE, in slimraiag up, said there
could; be no dotibt that the evideice establishedthat e
promise had been made, Aboigh: .it -was: not clearly.
proved that there had been a breach of it. t That,, how-
ever, 'was not put in issue by the pleadings. .The,..rlefen.;
dant ;relied on•the plea of fraud as a discharge of his.
promise, and the qiestion-for thejury to consider would
be whether the defendant. was, 'aware at ,the time.that
he made the promise to the &Will that she had had a
Child, Of this they
,inust.iatitify 'themselyes front the
evidence. 'Supposing the jury* thought that 'hedid. not.
know of the plaintiff's having had a 'child; the. queation
of 'damages would arise, and the jury must impose such
reasenable. damages as the .circumstances of • the case-
might to them seem to demand, taking 'into account the
defendant's 'Means:

The jury, after about half ,an hour's absence, found a
verdict for the plaintiff—Damages, one farthing.
This finished the sittingl,qfter term at Westminster.

MURDER IN SPITALFIELDS.

At Worship-street Police-court, yesterday, Sarah
Rogers, charwoman, was placed at the bar, on suspicion.
of having been concerned in the murder of a little boy
between six and seven years of age, named- -Henry
Lazarus, who had been found dead in Spite!fields that
morning, having been most inhumanly murdered, for the
mere sake of the clothes that were stripped.: from his
person. The occurrence had caused an extraordinary
sensation amongst the- JeWish population in the neigh-
bourhood of Spitalfields. - ' . •
David Lazarus, the father, a JeW dealer, living at No.
26, nter-street, Spitalfields, deposed that the de-
ceth- o . who was six-and-a-half years old, was safe in
fe
use at half past nine on Monday night,-and a
quarter of an hour after Wards was sitting on the' door-
step, while the other two children were playing ahout
outside. At ten o'clock they were called in to go to
bed, but only two entered; and, the deceased was no-
where to 'be found, and was - tint 'again heard of until
yesterday morning, wheh •he was found dead in the
neighbourhood, and stripped of : his clothing. His
clothes were a cord jacket and trousers, and a striped
silk handkerchief round his neck, and all the 'thing's had
a hist' and new appearance. 'r ' ' • - .
Abraham Lazarus, a relative, living a No: 14 in the
same street, said he saw the child at five o'clock on
Monday evening, dressed as described, and on his being
Missed was 'about all night with thelatheiand'others in
Search-Of him.' : Soon atter seven yesterday morning he
was called into an adjoining yard by a neighbour's ser-
vain, and there, under a board placed slanting, against
the wall, found the body of the child quite 'dead, and
stripped of all-the-clothing except -the shirt, the stock-
ings, and the handkerchief. He had evidently been
strangled . with the, handkerchief, which was twisted
round the throat, and secured with four or fire 'tight
knots. The face was discolOured, the eyes nearly start-
ing from their Sockets,- thetongite protruding from the
mouth, and partly cut .through
.with • the teeth. The
body was then cold . and stiff. The witness said he
afterwards kept a lOok out in the neighbourhoodof Pet
ticoat-lane, thinking it probable that the clothes might
be taken theie for sale, and about half-past nine he
found the.prisoner at the corner of White's-row, sur-
rounded by a crowd of at least 100 persons. The 'pri-
soner exclaimed, that at the station-house she would
tell who had bought the child's clothed, and should 'thus
be able to clear 'herself. He had not said a word to her
about the clothes, but he then accompanied her to the
station, where she asserted that a person in Frying-pan-
alley had bought the clothes. '. •
Police constable 207 H said, he was with the last
witness when the prisoner ' was taken to .the station.
house. On the way thither, she told him that a Mr.
Lyons, in Frying-pan-alley; had boughttherelothes that
.1, •
morning. _ i ~ .

Mr. Abraham Lyons was now examined, and'said he
had irever seen the prisoner before, that he knew of, and
he assured the magistrate that he had not purchased any
clothing since Monday.
Two women (named Fleming and Sherman) proved
that they heard the prisoner telling several persons in
the Tenterground that the person whom she named had
bought the murdered child's clothes from a woman at
seven o'clock that morning. They gave inf'ormatio❑ of
this to Mr. Lazarus, and the prisoner was apprehended.
The prisoner now said she had only repeated what
she herself heard in the street, and was innocent of any
other knowledge of the matter.
Mr. HAMMILL said, it was manifest from the evidence
he had heard that a cruel and cold-blooded murder had
been perpetrated upon the unfortunate child, and he
therefore felt it his duty, under the facts detailed, to
order a remand of the prisoner for a week, that the po-
lice might be afforded an ample opportunity of prosecut-
ing their inquiries for a further elucidation of the
circumstances attaching to the murder, which were cer-
tainly of a somewhat mysterious character.
It is not thought that the prisoner is the real mur-
deress, and up to a late hour last night the police had
not succeeded in tracing the perpetrator of the horrid
crime with any degree of certainty.

BATTERSEA STARCH-WORKS. tl
tl
TO THE EDITOR OF THE SUN.
SlR,—Perceiving in your paper of to-day a paragraph n
headed " Destructive Fire at the Battersea Starch- C
works," in which it was stated that the entire building a
was gutted and the stock wholly consumed, we shall feel o
obliged by your at once correcting this error. The facts tl
are simply these :—We have eight stoves in connexion n
with our manufactory, detached from the main building, e,
and so constructed that a fire in any one of them cannot h
communicate to any ether part of the works. One of c,
these stoves took fire on Monday night, and its own u
destruction alone resulted, the works themselves not o
having been touched. The damage has been but trifling, j(
and our manufacture has not been delayed a single hour. h
We must request of you the insertion of this letter, that e
the anxiety of our numerous friends may be at once I
allayed.
We are, Sir, yours, obediently,
ORLANDO JONES AND CO.
Battersea, May 13.

SALE OF RARE ENGLISH COINS. The three
days' sale of the rare collection of English coins formed a,
by, the late Stanesby Alchorne, Esq., of the Mint, was p
concluded Monday by Messrs. Sotheby and Wilkinson,
the auctioneers, of Wellington-street, Strand. The fol-
lowing lots were deserving attention:—A penny of a
William the Conqueror, sold for 1/. 13s. A noble of r
Henry IV., very rare, sold for 101. 15s. A quarter noble t
of Edward IV., well preserved, sold fur 21. 14s, A t
sovereign of Henry VIII. sold for 2/. I6s. A crown
o f
Queen Elizabeth, in good condition, sold for 3 guineas, t
A rial of the same monarch, considered one of the finest
in existence, sold for 211. ss. A rial, or fifteen-shilli g
piece, of James 1., sold for 16/. 10s. A twenty-shillin
piece of Charles 1., struck at Oxford in 1644, sold for
:
141. ss. A unit, or broad. of the saine,ksitnruge,ksttrouceko in
1645, sold for 121. A Carlisle shilling
meinorate the siege of that place, sold for 41. ss. A In4t-
tern for a sixpence of Oliver Cromwell, dateAln6nse!,lv:eorl3d
for 71. A pattern for a halfpenny of Queen
rare, sold for 21. 18s.. A pattern for, a five• pournadrep, iaencde.
of Geo. 111., by Tanner, date 1768, excedingly
finely preserved, sold for 241. ss. The other coins were
equally valuable, and sold well.
SALE or THE UNIQUE LIBRARY OF W. K.
EYTON. ESQ.—The sale of the unique collection of books
of W. King Eyton, Esq., F.S.A., was on Monday Cow_
menced by Messrs. Sotheby and Wilkinson, the aue...
titineers, of Wellington-street, Strand. The books
forming this collection are principally what are termed
privately printed works, and of the greatest rarity, The
binding also is of the most sumptuous description. Many
of the books are printed' upon vellum, and being the
only copy so printed are exceedingly rare. One of them
Babell; a satirical poem on the PYroceedings of the
General Assembly in the year 1692, sold for 251. The
sale will extend over a period of eight days.

I ii.vJ

••,, •• •
9di frit ICE eSD.

IRSH' STATE :PROSECUTONs.:'
. ,
COURT, OF, QUEEN'S BENCH.
:TRIAL OF. MR. SMITH .0 BRIEN. . '
' DUBLIN, MONDAY Nidera-After the post left thin'evening,
The' LORD' drIIRP :jtitrrsci charged the.jury. He.
said—ln this ' case: her Majesty's! Attorney-General had
,filed an information against the traverser, ty:S. O'Brien,
the subject of which information are certscin'paisages- of
a speech delivered by; him on the, lath of-March; in the.
present year. I say certain passages, 'because you ,are
now all aware there was, a large pettier) of that speech
which: is not transcribed into this information, and
which; so tar, is , not for you in' arty way to consider
thin this: that having heard .thatl part which is stated
in the'iodictment, ,s,s ;well as that part which is omitted,
it is now for you toonsider whether the portions that I
are oalittedeither quality,retraet, or explain that which
.is the Subject-matter ortheinformation. ;The firstorie.
sideration for you will be; whether this be a seditiom
speech in the particulars charged by her Majesty's, iatapt-
ney General ?
.So far as regards the speaking orttile;
speech, there exists no difficulty. 'lf there did, it would be
a matter her your consideration; but it is conceded
that the report of Mr. Hodges is a correct and
il d accurate
O'Brien;
reports of the speech, delivered ,by Mr. Smith
so on 'that subject you have no difficulty. The. diffi-
.
culty in the case, whatever be its amount in value 'non.
slits ill this-L.-whether you on` Your oaths Shall l able
to find that those portions of the speech},, or anyo then,
were delivered with all or any of the intentionsaiehiarged
in the, information? - -That is a subSeCt'ei. elus. ve y 1 r
you to' consit4r.•• 'Lithe assistance .which' it *ill be My
duty to render you, I shall first OP .your attention to
the designs with which this speech is charged
.to have
!been tittered' on the information.', I need not
prepared . to
not define to
you what sedithin 'it,- because I am* quit
say that if the language used by • Mr. S.
O'Brien was
-with- any. onebf the intents charged by this inforßation,
h tvas!highly seditious; and ihgrefere the question, as 1
before)i said, is,. Was it. titterefliakth'idl 'or ally of those 1
intents, far 'I 'tell yea Wit:We're, ip yeas iiidiiious • lan-
guagq, I have haw tcq.ctillvouna4Ontion to the chargeft
madeagainst Mr.; O'Brien, and, to repeat, what I told
you before, that if any of those-designs: are int4le ont to
)t-onitr
jac.araatisfac tioesntabithiseh crime 'of sedition imputed
next observation have , Now, gentlemen, the
the language which is
make is this, In considering
your duty is-to tinderstandlubjic't-matter of this charge,
:addree,that 4inguage-----as the 'per-
sons th whom it *ea'
is no 'natter what may,mash°uld understand it' It
judge of his intention lay ht -.4,, glen a mind,; we mast
and those werds
must be taken to be iitteried' with7tris'". 'of . eon:.
veying that meaning 'iifii'ch7 the weoXlist-neliell
their plain natttrar sigriilinatipa , inl • '—eTlieh'es, in
Port; and le is pot •
the power .of any man havinguttered certain'
put upon them a construction different Troathei.
words, to
u 4
'fall by the' meanie
°ldi
nary :meaning. He insist stand 'ttat
which those who hear them attribute tn..:th . •.,arn:S.
Pit must see .at once that if . that were not tap jaw, all
-
responsibility fur
,spoken or
will be bound to take up written- language would be
at an 'end; and agaml say, you
the report of this speech, and read it as those-to'!whom
it was addressed understood it,' By that understanding,
you are to bind the defendant :to , that from which the
law does not allow him to escape—for otherwise the
evasion of the law must bo universal. You will
observe that all these are' preliminary 'remarks which-I
wish to impress on your mind as the key or index by
which you are to be patrolled and regulated when you
come' to consider the language of this speech. The next
observations I wilt . make to yoU•are on the subject of
the repeal of the union. Now, gentlemen, the repeal
of the union means this and nothing else—the union
consists in the Acts of the Irish and British Parliament.
Those are the Acts of the two Legislatures, the result
of which was the legislative union of the two countries.
And hoseiltets.-of Parliament, I hive to tell you, can
only sealed by law, and are only capable of being
4)
re pe le by an Act of the Imperial Legislature. There
is no other power by which that repeal can be legiti-
mately effected, but that repeal, so to beefeeted, is an
object which it is perfectly lawful for any man to
contemplate, and by legal means to bring to pass. As it
.can only be legally effected by the act of the Legislature,
the means by which that act is to be brought about,
are those which must be ordinarily familiar to you as
the means by which the Legislature may be moved
to exercise its functions. It is the right of every
subject to petition the Legislature for the repeal of the
union. It is the right of every man,: by his representa-
tive in Parliament, to endeavour to procure the repeal of
that Act. It is the right of every man fully, fairly, and
freely, liberally and without control, to discuss the
.merits, and expose the demerits of any act of the Go-
vernment, or Ot.any act of theLtgislature, and there are
no means which reason, persuasion, or personal influence
can supply, or any other mode affecting individual will
and action, which can be imagined, that are not lawfully
open to every man who wishes to effect changes in the
law of the land i. but these are all,prelitninary in their
nature to the act of the Legislature,. by, which alone they
can be accomplished. And if You shoed be'Of opinion,
on the Consideration of this" speech, that it is'eonfined to
means of the kind 'I have mentioned—that is to say, by
means of argument, reason, aid persuasion—effects are
produced which are calculated in their nature to work
upon the minds of those who to make the laws of the
country, it is exempt from the charge of being seditious
—it is an act which every subject of the realm has the
right to perform, in order legally to accomplish that
legal purpose. But while I' have on the one hand told
you how it is lawful to act, I must come to another
consideration, and a material one in the considera-
tion of this subject. However lawful or legitimate the
repeal of the Acts of Union may be in themselves, they
are not to be accomplished by the use of illegal means;
they are not to be accomplished by actual force; they
are not to be accomplished by the threat of force; they
are not to be accomplished by the threat of foreign
invasion, or by foreign recruits, or money; or assistance.
The use of these means, and the advice • to have recourse
to them are utterly illegal. I may say of them, that the
acts are treasonable and the advice is seditious. You
will have to bear in mind this important question as
to the construction of these words, and the natural,
plain, and obvious meaning of them. • Is it such as to•
tall within the class of means which I have mentioned
as being perfectly legitimate, or does it fall within that
class which includes exhortations to violence—threats
of force, and threats of foreign invasion? That will
be for your consideration, because if that be your de-
liberate judgment on considering this speech, you will
have no alternative but to pronounce it seditious, and
seditious in a high degree. But there is a third
view of this 'subject which must not be omitted,
because there are passages ink: this publication,
which, if they do not fall within the second
class of ' illegal ' means which have been dis
closed, seem to deserve to fall within another class
requiring consideration, and that is, whether the repeal
of the union be not a mere pretext; and whether, run-
ning through this speech, there be not a third view, and
whither it does not mean the dismemberment, by force
and foreign aid. and assistance, of Ireland from the
British empire.. I am pointing out this to you, not as
the actual construction of this speech, for it will be for
y oti to decide what thatii, but I am.; pointing to it as
possible that, in certain. passages. of this speech, that
m 4 have been, if not the intention of the traverser, at
least the meaning which his words are calculated to
create; -and 'having done so much by way of preliminary
obskvation, I will call your attention a little in detail
to the speech which is the subject-matter of this pro-
echtion ; and, after I have done that, I will advert,-for
,e 1 purpose of bringing them before you distinctly; to
ael, topics of defence which the' traverser's counsel has
'died upon, and see whether they are calculated to re-
,nove the impression which the evidence of the
.ir wn is considered entitled to make. The meeting
it hich the speech was made was' held on the 15th
F)f arch, Ito
,adopt
an address of congratulation to
,h Citizens of ,the 'French Republic. It was, I will
a very precipitate naove—an
io say more .of it,
m y manifesiation to conciliate parties in France, who
cat" Just overthrown the established institutions of •the
'curvy .: . Thb address .to the: French people -ls drawn
1p by Mr. O'Brien himself. I Will not go over any per-
il this address which does. ot directly bear. on the sub
ect before the: '
qr. o,Bli bat,fOr the: purpose of seeing whether
. enbe guilty or 'inuocent,: you. must look to
.I,ery part of it eonnected with the -charge against him.
6 is entitled to have every part of it read, to shOW if '
se an, the absence of sedition, and he inbound by every
iii, tof it that shows • the presence 4,f sedition. His
L. rdship, hay
• ncle having read passages from the address to the
PeoPl4,egtal..from the Youghall address, con-
la ant of E!. ed—Gentlecp, it is needless to say that -the Far-
ii ngland. which is called a istirpationlWct4rat"
al ; ress, is the Imperial Parliament; and tisabc_adßetass
it , pounds the oaerthrow, of that _ Parlitunent:,,,, Now,
1.. uestionably, the word "overthrow" does in, itself
o • art something, I would say, different fiom ordinary
to legitimate means. The very termimports earn!
Is action and some irregular or unconstitutions/ ooarser;.
) I should be worry indeed to fix upon that-01,1r' 0%.
A •ay that was necessarily its meaning. It i°, for Li_
to say whether it' meant • the overthrovi of legislative'
.heheknoand
petal Pailiament by "the, repeal-
_t
Li . on—that Tepeal to be 'effected °f
stitutional means of repealing
b the seduction
an fblett.yeaf"ParliaMent,
a to overthrow it by the use of force--by
of the. soldiery and constabulary, 11 our atten-
and b the solicitation
of foreign-aid and assistance; • I..have to y
ti i n to the suggestion cell-
-mined. in Mr. O'Brien's speech
s.;• and there a state of
w th respect to the landlord class
repeat wa:shinted at; for it was said
Lb ngs different from
t t t the property of the•diedlords would be confiscated
a the penalty of their:reteporting the connexion be-
t een the two couetries , lie next addresses his hearers
;
t • s :—" I would advise you to fraternise with every
el s you have been'in the habitof considering as hostile,
aid- I think it is your duty to 'fraternize with the
s• diers.". I don't pretend, to give an accurate descrip-
ii , n of the word " fraternize," but I am able to suggest
t• you what it means, here as used by this speaker, and
I o suggest to you that he:is exhorting them to confede-
r: te. with .thesoldiers to secure their sympathy--to
ke them partneza .ia his designs, and to make them
t e instruments of carrying hisesigns into execution.
e next passage was addressed to another body of the
a, een's forces (tha constabulary), whose support or neu-
. .lity it was plainly the nhiect of the speaker,to secure.
ti era is an itll4endo on which a witness Wei examined,
• ..ntwh4 no nt coroversy was

1.0