The Sun.
London, England, 1848-10-20 00:00:00

OCTOBER 20, 1848.

Pendant was the holder of a house in which the prose-
cutor, his wife, and family were lodgers ; quar-
rels arose between the wives of the prose-
cutor and the defendant, and as the report
gently insinuates, these quarrels " coupled with
causes of a pecuniary character, determined Mr.
Dolby to get rid of his lodgers." Whether he re-
sorted to distraining the goods of the lodger in order
to satisfy his claim for rent, or adopted any other
the many means which the law allows a landlord in
such a case, the report does not clearly inform us; we
,we merely told, in general terms, that when "no
other means succeeded," Mr. Dolby "caused his ap-
prentice to put some chemical matter into a pot, and
having set it on fire, to place it close to the door of the
room which was in the occupation of the prosecutor's
family." Thus Mr. Dolby's skill was exerted in this
manasuvre ; his knowledge as a practical chemist was
called into action ; science was used to effect what he
dared not attempt by force, and what he could only
gain at law by a process too tedious, perhaps, for his
active impatience. He tried to smoke out his tenants,
but he did it in a scientific manner; and what might,
from an ordinary man, have been a mere annoyance,
became, in the hands of a practical chemist, a highly
dangerous infliction. In fact, says the report "not
only Mrs. Wild, but all the children were
nearly suffocated. They remained very ill for some
days ; whilst Mrs. Wild became extremely ill, as she
had not long been out of her confinement." The
mixture which the science of the defendant enabled
him thus cruelly to employ, and which he set his
apprentice to fire, was one evolving phosphuretted
hydrogen, which the medical witnesses declared to
be one of the most offensive and noxious of all the
gases. Such appear to have been, in substance, the
facts of the case, as detailed at the Middlesex Court
of Quarter Sessions; and on these facts the question
left by the Judge to the jury was, whether the
defendant had placed the mixture at the door of the
prosecutor's room with the intention of injuring the
health of his family, or simply as a means of annoy-
ance. Now, in this case, where the defendant's
knowledge of the deleterious qualities of the com-
pound was undoubted, the jurors had surely nothing
to do with his "intention," except so far as their
opinion respecting it might, or might not, induce
them to recommend the Court to pass a
lenient sentence. But being thus called on to
pronounce on the point of " intention," they
found that the intention was that of annoyance;
whereupon the prosecutor's counsel, rather unad-
visedly, at once consented to a verdict of acquittal.
As to this particular case itself, we say nothing ;
every one will form his own opinion of the defendant's
conduct. But the blunder committed by the Judge
deserves notice, for it may mislead other chairmen of
quarter sessions, and may introduce a mode of deal-
ing with such cases no less mischievous than illegal.
If .the defendant knew what must be the effect of the
burning mixture, the question of intention was not
one of fact, but of law—a question not for the decision
of the jury, but of the judge. In the lan-
guage of Lord Ellenborough, " when a man is
charged with doing an act of which the probable
consequence may be highly injurious, the intention
is an inference of law from the doing of the act."
If a man placed a loaded gun at the door of a room,
knowing that there were human beings in that
room, and then fired it' off, and killed one of those
human beings, the law would imply malice on his
part against the particular individual so killed, and
an indictment alleging such malice would be good.
This has been so often decided that it is difficult to
conceive how Mr. Sergeant Adams can have been
ignorant of the principle. It would be fatal to the
safety of society if the law did not adopt such a doc-
trine; for otherwise a man might wilfully fire a pistol
among the passengers of a crowded street, and then
escape punishment, on the ground that he had no ex•
press malice against the individual on whom his shot
took deadly effect. In the case of the loaded gun,
the law presumes malice on the part of the man who
wilfully fires it off among his fellow-creatures, be-
cause the destructive qualities of the weapon are
known to all. The same presumption would not apply
indiscriminately with respect to a chemical cam-
pound, since every one does not know the nature of
such a compound, and the effects which it is
capable of producing. But these things must be
known to a " practical chemist," and the
existence of such knowledge raises the legal
presumption of that unlawful intention which
is requisite to support an indictment, and
to make a defendant punishable for his act. The
I mode in which this case was left to the jury in-
volves a principle as dangerous to society as it is
unwarranted by law. The result produced by the
burning mixture was injurious—it might have been
fatal. Apply the principle of Mr. Sergeant Adams'
direction to the jury to any other case--to that of
a loaded gun, of a train of gunpowder laid at a
person's door, or of arsenic scattered over his food—
and the perilous tendency of Mr. Sergeant Adams'
reasoning becomes at once apparent. We will ven-
ture to say, that there is not one of the fifteen judges
who, in any of the cases supposed, would dream of
telling a jury to consider whether the intention had
been merely to frighten by the 'discharge of
the gun, to fill the room with smoke by
the firing the train, or to produce tem-
porary sickness by the employment of the
arsenic. The use of such things in such a manner
is unlawful and criminal, and if death follows from
their premeditated use, the law accounts the act
felonious. The knowledge of the quality of the
thing used implies, in the consideration of the law,
the malicious intention • and deliberateness in the
choice and employment of materials gives to the legal
the force of a moral presumption. It is to be hoped
that there were, in this case, mitigating circumstances
which the report does not disclose; there might have
been likewise, for aught we know, other objections to
the indictment; but the direction of the:Judge, as it
now stands recorded, is, as to this particular point of
the defendant's " intention," undoubtedly erroneous
and unquestionably mischievous.

MEETING OF MIDDLESEX

MAGISTRATES.
Yesterday the magistrates of the county of Mid-
dlesex met at Hicks' Hall, Clerkenwell, for the trans-
action of the usual county business. Mr. Pownall
occupied the chair. The Court proceeded to receive
the reports of the various committees. The report of
the finance committee recommended the Court to
authorise the county treasurer to pay bills to the
amount of 11,3711. 61. ld , which was agreed to.
Tin PRISON REPORTS.—From the reports of the
visiting justices of the various prisons it seemed that
the general health of all those establishments was
good. In CAdbathfields there were 896 male and
265 female prisoners; in the Westminster Bridewell,
541 male, 295 female, and 14 infant prisoners; and in
the House of Detention there were 73 male and 30 female
prisoners : total, 2,114. The report stated that the
abolition of the treadmill, as far as female prisoners
were concerned, had been attended with re-
sults of a most beneficial kind. The space
formerly occupied by those ponderous machines
was now occupied by workshops, in which
the female prisoners were taught tailoring, dress•
making, and various other useful handicrafts, by
which, on 'their release from prison, on the expiration
of their sentences, they could be enabled to earn a
subsistence by honest industry. The effects of the
alteration were,indeed so gratifying, that the justices
hoped soon to see the treadmills in the male depart-
ments likewise abolished. Several boys had been so
well drilled on the model ship in the prison, that they
were proficient enough to be sent to sea, and there
seemed to be no doubt but that they would prove able
and good seamen. The regulations by which well-
behaved prisoners became periodically entitled to
stripes, indicative of good conduct, similar to the
system in the army, had also producel results of a
highly satisfactory character.--The Court then elected
visiting committees, and a mortgage on the county
rates for 10,0001. fur the New Lunatic Asylum was
executed.

A discussion of some duration then took place
relative to a special report upon the mode in
which the Court elected the visiting justices.
Ultimately the Court decided that in future
no magistrates should be on the committee of two
prisons at one time, excepting the chairman of any
committee, who will be on the committee of all the
prisons, and that the clerk of the peace should pre-
pare a list of all those magistrates who were willing
to serve as visiting justices.

THE COUNTY RATE. —On the motion of Mr.
r
PRESIIFIELD a committee was appointed to consider
whether any and what measures are necesslry to
facilitate the assessment of the county rape, Id to
provide for the occasional variations in the rateable
valuab!e of particular localities in the county.
Messrs. Child, Reeves, Wright, and Reynolds were
re-appointed inspectors of weights and measures for
the ensuing year.
The Court received the annual returns of the go-
vernors, chaplains, and surgeons of the county pri-
sons, and ordered them to be recorded.
The Court transacted other routine business, and
soon after adjourned.

Brighton is full of visitors. All the hotels are
overflowing; and the arrivals continue to greatly out-
number the departures, Brighton is now decidedly the
gayest of the gay.

[PRICE . SD.

NAVAL INTELLIGEI'i.CE.

The Admiralty Committee for revising the dockyard
establishment and :working completed their labours at
Chatham on Tuesday evening,•_ and ate quarter to four
on the following morning proceeded in the Black Eagle,
Admiralty steam-yacht, Master Conamander Cook, to
Portsaiouth, at which port they arrived on the same
evening; and on the followidg morning commenced their
task of revision at the office of the Rear Admiral Super-
intendent. We aro sorry to hear that Mr. Ward is
slightly indisposed.
Rear-Admiral Superintendent Sir John Louis, Bart.,
struck his flag on board the Agincourt, clepor.-ship of
Devonport ordinary, on Wednesday evening, and has
proceeded on six days' leave of absence. During his
absence the duties of Superintendent of the Dockyard
will be carried on by the officer next in rank to Sir
John, the Master-Attendant, Mr. Henderson; and the
duties of the ordinary will be attended to by Captain
Mends, of the Agincourt.
Captain Superintendent Sir Thomas Bourchier,
1C.C.8 , arrived at Chatham Dockyard from . Brighton
(on leave of absence) on Monday afternoon, and joined
the committee of revision at that establishment, and on
Wednesday morning, after their departure; Sir Thomas
left • Chatham again for Brighton, to rejoin Lady
Bo urchier.

APPOINTMENTS,, •
Captain the Hon. George HOpe's appointment to the
Raleigh as flag captain has bean officially announced'.
Cbmmanders W. H. Beddoes-and Charles Eveleyri
Ro4ley, to.study steam at the factory, Woolwich.
Lieutenant Abraham Derby (1828), who commanded
-the Pigmy, steam-packet,-lately 'paid off, has been ap-
painted to command the Medina, steam-packet, fitting at
Woplwieh for.Mediterrariean service:
lieutenant Jasper H. .Selyyri..-(1.841), who has been
commanding, the Myrmidon, steam-ves as a tendcr
to the dtinges.-lias been aprOfiriikd corrimand the
Tevizer, screw gun-vessel, fitting at Woolwich for foreign
'sergice---Coast of Africa, it is;said. •
Surgeons—William Roberts, (1846), to the Crecodile,
flierahip at Cork; John J.' Acheson (18'161 to the king.:
fishbe, 12, at Portsmouth, for &-.!rvice'ori thd'coast 'of
Afiiea. • • : .
Second Masters-a Joseph Hitchings, to the Rifleman,
nerew-schooner, at Pertsrnouth; Arthur Thomas, to the
Medina; Thomas Leethein, to. the Teazer: • - -
Clerks—W. H. DeCarteret, in charge to the I:Uteri:am;
James Winstanley, in- charge
,to_ the Medina; Edward
Edbaeades, in charge to the Teazer.
Assistant-Surgeon—Charles D. R. Symons, acting, to
theiKingfisher.
Midshipmen—FrecTeriek Harvey, the Kingfisher;
W.I H. Annesley, to the Ocean, flag-ship at Sheerness. •
Naval Cadets—Lord Edward I. Cecil, to the Thetis,
36,' at 'Leghorn; N. R. R. C. WilSon, to the Powerful,
84, at Spithead; C. L. Pearson; to the Kingfisher.
Gunner— William Warner, acting, to the Excellent...
Carpenter—James Legg, acting, to the Excellent.
Boatswain-7 Philip Hyde, confirmed to 'the Poictiers.
rORTSMOUTH, OCT. 19.—The seaman belonging to
the Grampus who was killed by the falling of the derrick.
anti tank will be interred this afternoon..
The Ajai's repairs have been completed, and she is
to be removed from the basin ihis afternoon.
The Reynard screw-sloop, Conimander Cracroft, has
had her complement increased by ten men, making 110.
She is refitting with all dispatch. .
The fittings of the *Urgent steain:pacitet, in dock, are
so Splendid that it was thought advisable to let her re-
main for the inspection of some of the Lords of the Ad-
miralty before her dismantling was finally ordered.
The African and Fearless steamers sailed for Sheer-
ness this morning, taking such passengers and stores as
re wired conveyance. -
Fifty shipwrights, and-a number of joiners, have been '
entered yesterday and to, day, for the, purpose of. fitting
the Defence up as a convict depot• for service at Wey;
mouth. Twenty-five painters, froth `the - contract work
of ;'Alr. Absalom, are' to be discharged this week.
Captain Ellice arrived yesterday, Captain Milne, Mr.
Secretary Ward," and Sir Baldwin Walker to=day, to
constitute the- Beard of Revision. The Black Eagle
steam-yacht, to attend on' thetti, arrived last night, after'
daile, from Wooliieb. •
Wind, N.N.E..; fresh gales and cloudy.
Weer:snort: Oar. Excellency Count Revent-
loW, the Danish Ambassador at the Conn Of St. James's
arrived at Woolwich Dockyard at ten minutes past three
o'clock, P.m. to-day, and was receiyedhy Captain Fitz-
roy, acting as superintendent in the, absence of Commoz
dare Sir Gordon, Bremer, K. 0.13,, K.C.H.,_ with Flag-:,
Lieutenant Fowler, and Mr: Lang, Master. Ship Wright.
His Excellency proceeded to! the West end of the dock-
yard, • where the Liy,htning steam-vessel, under -the
Command of Master-Commander Petley, was brought.
albngside the wharf wall opposite the basin, to.
allow of the baggage being •talteh 'on board. The'
Count, with Captain Fitzroy; lieutenant Fowler,. and
-Mr. Lang, went. on board .the Royal Albert, 120 guns,
to witness the progress„ of that splendid first-class
ship of war, and greatly admired the fine appear-
ance of the vessel and' the strong manner in' which her
timbers are put together. Oa arriving where the Light-
ning was stationed, his Excellency was received by
Master-Commander Petley, and on leaving the harbour,
was saluted by 15 'guns fired on board the Fisgard
frigate. The Lightning is to return to Woolwich from
Cppenhagen.
'The Medina steam-vessel, formerly in the Liverpool
mail-packeeservice, was. commissioned at this port to•
day, by Lieutenant-Commander 'Abraham Darby, for
service as a mail steam-packet :.on the -Mediterranean
service.
The General Palmer,trarisport-ship arrived at moor-
ings opposite the Royal Arsenal yesterday, and disem-
barked Captairialaeltwood, two sergeants,- two corporals, •
and 20 gunners of the Royal Artillery, with one sergent,
five corporals, and six privates of the Royal Sappers and
Miners, from the Hudson's Bay Company's territories.
These detachments went out in 1846-the Royal Artil-
lery -to mount guns; and the Sappers' arid Miners to
survey the disputed, lands known as the Oregon
Territory. They embarked on the Red River on the
3d of August last, and made a remarkably fine
passage home. - They all appear in the' enjoyment
of excellent health; and only one death Occurred during?,
the whole period—.one of the Sappers being. drowned
about a fortnight before the others ,left on their return
home. Their 'arrival' took place here betWeen' eleven
and twelve o'clock, during the time of guard mounting,
and the men on shore loudly cheered arrival .of the
General Palmer, which was heartily
.responded to by
the men and sailors on board the vessel. On landing,
'the band was ordered to remain' to' play them to the gar.:
rison. • '
' One Sergeant, two corporals, arid 24 privates of the
Woolwich division of Royal Marines, joined -at head-
quarters on-Saturday last, on 'being 'paid Off from the
Amphion steam-frigate at Sheerness.
One corporal and 18 privates of the Royal Marines
joined head-quarters here on the same day, on being
paid off from the DMclalusnt Plymouth.
One corporal and 16 privates joined here yesterday,
on being paid off from the Comas at. Sheerness,
Mr. M'Donald, Master of the Royal Victoria and
Albert yacht, has been appoitaed 'to do duty at this
dockyard during the period of Mr. Bellamy's leave of
absence.
PLYMOUTH, OCT. 18.—The ll.ermes steamer, Martin,
returned here yesterday from Portsmouth, and will sail
again this morning with thirty seamen, to join the' Rifle=
man at Portsmouth.
The Camel lighter, Faben, master, arrived on Mon-
day with stores from Holyhead and Pembroke.
The Seagull packet was taken into No. 2 Dock on
Monday last, to have her -defects made good.
The Ferret,lo, is to return to the coast of Africa.
She is to be forthwith surveyed, repaired, and • recom-
nais,ioned.
• The Finance Committee of the Board,ot Admiralty
were expected at this port yesterday. -
The Commodore- Seperinteadentship• of the •Indian
navy, vacant by the death of Sir Robert Oliver, is ex-
pected:to be conferred, upon Captain Sir Henry Lake,
K.H. (1826), late of the Queen, 110.
A Russian man-of-war cutter,'ntime&Orinds, arrived
in the Sound on Friday last, and ,saluted the; citadel and
the flag of* W. H. Gage, which, salutes were duly re- '
turned. She sailed again yesterday.
Thirty-one smith's are to be superannuated from 'the
Devonport Dockyard. • This blather,' with' nineteen
already placed Qll.-the list, completes the intended re-
duction of fifty hands'in the smithery.
IWeittat STEAM WORESTIIE Adniiralty'have or-
dered Captain 'Burp:ran, •Iditieetor' of works, to pre-
pare a plan for the'removal of- the mad in-front of the
new steam works, to make the access to the' steam basin
easy, and to state the probable eoc of thOwerk.
FovvEv.--4/1 WednesdUy list;' Captain .Houston
StoWart, R.N.; eornptteller-general of .the;Coast.Guard,
inspected. the:forte bplongin this ,district. „; The .men
went through the sword and 111115kei-exeicisaiid ac
quitted themselves Well. -.:Captain Ste Wart expressed
himself mach pleased with them,; compli-
mented Captain Mackenzie,- R.N., the,•inspectiag .eorn-
mander, and offiners on the
.and .respectable
appearance of
,the_ the_ aen. '•
•

---
UNIVERSITY INTELLIGENCE.
OXFORD, Our. r. Convocation -holden this
morning' the Rev. D. Radford,' rector-of Lincoln C )1-
lege, took the oaths of.ofaze as, ono of the ere-Yice.7
Chancellors for the ensuing'year,
At the same time the' name of the Rev: Osborne
Gordon, M.A., studentOf Christ Church, who had been
nonainated.by the Vice-Chancellor and Proctors to the
office of Public Exanoner in Literiv Humcinfori6ris, and.
which Inid been approql of by a= previous Congrega-
tion, met' witlfthe iinanim-:)u3%sanction of the Hotuqi.
Congregati,fu immediattly afterwards,
the followin4 degr2es were conferred, 1,,z
MASTERS OF Awrs.--Robert Browne, Brasenose Col-
lege,'Grand Ceinriciunier; 'Robert-Satvyer, Merton Col-
lege; Thomas. Molineux Jacksoni.i.Brasenose College;
Sainne; Hulme, Fellow of Wsdqp.m, College.;. Rev. Wm.
Gerrard Andrews' ALgdalen Rev: Adolphus
Frederick Carey; Wadham College'; William Spottis-
WOOde, Balliol College; Henry Alitson Pottinger, Wor-
cester College; Robert Wynne; ,Waelham Cullego Rev.
Francis Henry Morgan, Worcester College.
BACUELORS OF ARTS.—Hon, Francia Charles LaWley,
Balliol College; Wyndham Balliol College; John
Owen Parr, Exeter•Colleigei.John Cornelis Thierens,
Oriel College, Grand -.Compounder; Joseph Orlando
SWUM, Lincoln . college; Samuel Booth, Seholat of

.a::ii~ru,, --

, Ca eh
Wa m ollege; ohn ,pge• ohn Walter Lea, Wadhip Pe all
Col-
_Ar rounder.
n Geology (Dr. Buck ill begin his
on. the Archit re and Ph .11
Iktruct re of the Earth, on the . _
manifold changes that
haven its interior and its surface, adapting it for
the habitation of the human race, and on the remains of
Successive extinct races of animals and vegetables which
preceded the creation of existing srecies and of man, on
Tuesday, the 24th -instant, at the "Clarendon, at one
o'clock. _
The lectures will bo on Tuesdays, Thursday; and Sa-
turdays, at' the same hour, during Oct:,ber term.
Members of the University have free admission to the
collections in ge-ology and mineralogy eveiy Montlay,
Wednesday, arid Trilfay, from one to four o'clock.
The Professor of Chemistry (Dr. Daubeny) will begin, -
his lectures-on• Wednesday, the,2sth instant, at eight
o'clock in the evening.
These lectures will be delivered in the new building
contiguous to the Botanic Garden, arid will be continued,
at the same hour, on. the Wednesday and Friday even-
ings during this and 'the succeeding term, until the course is completed.