The Sun.
London, England, 1846-09-21 00:00:00

THE SUN,, L-ONIDONti MONtr*IY- EVENING, SEPTEMBER 215 Me.

INSOLVENT COURT--(THIS DAY

Mr. Commissioner Phillips, recently appointed to this
Court vice Sir David Pollock, the new Chief Justice of
Bombay, took his seat for the first time in company with
the Chief Commissioner this morning.

CRIMINAL COUR':I-(THIS DAY

OLD COURT:

The eleventh and lest session but one, of the present
mayoralty, was opened this morning by the Recorder,
Aldermen Gibbs and Farebrother, Air. Sheriff Chaplin,
and Mr. Under-Sheriff Wire.
The grand jury having been sworn, -
The REconnna proceeded to deliver his charge.
He said, Gentlemen of the grand jury, the pre-
sent calendar contains a list of two hundred
prisoners, who are to stand their trial for the offences
that are severally charged against them. There is rea-
son, however, to apprehend Liat this number will be
consideratly augmented in the course of the present
week. Among the offences enumerated in the calendar
there is a charge of murder; there is also a charge of
manslaughter, committed under peculiar circumstances ;
there are two charges of rape, four charges of robbery,
and no less than twenty eight charges of cutting
and wounding with intent to do grievous bodily
harm, in the county of Middlesex alone. I can-
not revert to this circumstance without expressing
the opinion which the Court has time after time ex
pressed in reprobating this crime, namely that it is on
the increase. Until a recent period the use of the knife
was comparatively unknown, but I lament to see that
every succeeding calendar proves that cases of this de.
scription are more common, and there is every reason to
believe that the offence is equally on the increase
throughout the country. By the provisions of a recent
statute, where, as in cases like these the evidence is the
judgment of the petit jury falls short of the full charge
of assault with intent to do grievous bodily harm, the
mitigated charge of assault can be sustained ; but that,
as I have stated, is a question altogether in the province
of the petit jury to determine. But if there is evidence
of the use of the dangerous weapon, if a wound is proved
to have been wantonly and wickedly inflicted with
the intention of doing the person assaulted an
injury, then it will be your duty to bring in a bill for
the aggravated assault, and so put the case in course of

further investigation. Gentlenien, with regard to the
charge of murder, it is a charge founded upon very
peculiar circumstances, the deaths which the person
charged is represented to have occasioned arising from
the taking of a drug, or rather a vegetable substance,
which is call( d the deadly nightshade," and, I believe,
Leda donna, which the prisoner is said to have hawked
about the streets, and sold with a recommendation as to

its excellence for tarts and other purposes. The 'pri-
soner represented it as a safe fruit ; but he appears to
have known its character from auother circumstance—

he appears to have known that it was a deadly poison.
Now, gentlemen, the evidence of his selling that which
be was aware was a deadly poison will greatly depend
upon the testimony of a chemist, who was in the habit
of dealing with him as a man of judgment in
the matter of herbs, and one who was able
to discriminate between the deadly nightshade and other
noxious herbs, and those which were harmless. lam
unwilling to go into the details of the case, lest I should
prejudice the cause of the prisoner; but I must refer
generally to your duties in the particular min in ques-
tion. Gentlemen, your inquiry will be directed, first, tit
see whether this act of the prisoner was an act of wil-
fully selling and recommending as wholesome what he
knew to be deadly poison. You are to see that this
knowledge of the character of the vegetable substance
referred. to is made out to your satisfaction, ,and that he
therefore wilfully, maliciously, and wickedly sold this to
the individuals who have suffered by it. If this is proved
to your satisfaction, then, gentlemen, you have evidence
on which to found a bill of wilul murder against him.
If, on the other hand, you fled that he made a false re-
presentation of a knowledge lie did not posSess of the
wholesomeness of the articles for the mere pur-
poses - of lucre, and without really possessing
a knowledge of the narcotic properties of the
herb; if you find that he sold it without any intention of
putting human life in danger, but with a reckless disre-
gard of future consequences, then at least you can bring
in a bill charging him with the crime of manslaughter if
death were the consequence of his culpable negligence.
It is lamentable to find, that not only the lives of a man
and boy were sacrificed in consequence of having eaten
of this deadly nightshade, but that, in addition, five or
six other persons were obliged to be taken to the hos-
pital, suffering from the effects of this poisonous vege-
table. In conclusion, if you found that this was a fatal
mistake arising from no criminal negligence of the pri-
soner's, then it would be your duty to bring in no bill at
all. There is also a charge of manslaughter against a
person who had charge of a railway engine. pri-
soner was alleged to have mi-conducted himself while in
tile management of that engine, by running into the last
carriage of a train which had arrived shortly be-
fore at the station, thereby causing the death of
an • individual in it. It is the bounden duty
of every one who undertakes the management
of an engine to be fully competent to do so. There are
certain signals established on every line; there is a
whistle attached to the engine to give notice to other
carriages upon the line; these is a certain rate of speed
to which they are limited when approaching a station,
and it will be your duty therefore to ascertain whether
these signals were displayed on this occasion, and whe-
ther the other means for the prevention of accidents
were duly attended to. In the present day it is almost a
matter of necessity for persons travelling to go by rail-
ways, and where, therefore, the lives of many individuals
may depend upon the prudence and experience of one
person, it is highly necessary that that person should be
held strictly bound to exercise all due caution. You
will therefore inquire whether this unhappy accident is
really occasioned by a misfortune over which the pri-
soner bad no control, or whether it was to be attributed
to his culpable negligence. The Learned Recorder then
adverted to the charges of rape, and after briefly stating
the provisions of the Act 7 and 8 George IV., in refer-
ence to the administering a noxious material to the fish
in the Hampton Court waters, concluded by remitting
the grand jury to their duties.

GUILD HALL.-(TH IS DAY.)
A man, who gave his name as John Smith, was
brought before Mr. Alderman Humphery and Mr.
Alderman Challis, charged with having wantonly broken
a pane of glass, of the value of 301., in the shop window
of Mr. Walter Chetworth, No. 15, London-street.

The prisoner admitted that he had wilfully done the
mischief of which he was accused ; and he gave the
excuse which has lately been very common for such
wantonness in the City, that "he was in distress, and
wanted to be sent to prison."
Mr. Alderman HUMPHERY ordered him to pay a
penalty of 51., or go to prison for two months.
Prisoner—Thank you, Sir.
Mr. Alderman HUMPHERY—I regret that I have not
the power of sending you to six months' imprisonment,
with hard labour.
The prisoner withdrew from the bar, apparently quite
satisfied with the result, and exhibiting not the slightest
compunction for the serious injury he had inflicted on
Mr. Chetworth.

BOW-STREET.—(THIS DAY.)
John Cousins was charged before Mr. Henry with
attempting to commit suicide by throwing himself into
the river at Hungerford-pier.
A ragged and most wretched-looking young man, who
said that he had been a draper's assistant, stated that
at about half past twelve o'clock this morning he was
lying in one of the barges near the bridge, and saw the
prisoner deliberately walk along the pier, and tumble
headlong into the water. He at first sank, on rising
to the surface swam towards the place where witness
was. As soon as he got near enough witness gave him
his hand, and helped him to swim towards a post,
which he laid hold of, and so supported himself until
witness went to a barge near that in which he was, and
got a rope, by means of which the prisoner climbed into
the barge.
The prisoner said that he did not intend to drown
himself. He was rather intoxicated, and did not per-
ceive the water until he found himself in it. It was
evident that he had no thought of drowning himself, or
he would not have exerted himself to swim, as the wit-
ness had proved he did.
Mr. HENRY said he did not suppose the prisoner in-
tended to kill himself, but this ought to be a warn-
ing to him to keep himself sober for the
future. His worship then put several que,tions
to the witness, in answer to which he said, that he was
now in very reduced
.circumstances, but had been an
assistant in a draper's shop in Vauxhall, but left the
place about six months ago of his own accord. He had
not been able to get another situation since.
Mr. HENRY said he would discharge the prisoner, but
be thought he ought to give the witness something by
way of recompense for his trouble. As, however, he did
not suppose he could give much, he (Mr. Henry) would
give the witness 10s. out of the poor box.
The witness took the money, and looked as if he could
hardly persuade himself of its reality.
The witness said he would give the witness " what he
could," as be thought be owed his life to him.—lle was
then discharged."

TIDE DANGER OF CONGREVE LIGHTS.—On Satur-
day night, between eight and nine o'clock, a large pile
of boxes containing congreve Watches, was discovered to
be on fire in the shop of Mr. Cocks, oil and tallow-chand-
ler, 11, Broadway, Westminst( r. From the highly in-
flammable nature of the stock great fears were enter-
tained, when one of the shopmen had sufficient pre-
sence of mind to throw a wet cloth over the burning
boxes, and was thus enabl d to carry them into the
centre of the roadway, the only damage sustained being
their destruction.
WILFUL DAMAGE TO PUBLIC BATHS.—At Mary-
lebone poli.e office on Saturday, William Bardwell, an
architect, was fined 41. for having wilfully damaged one
of the baths at the Public Baths in George-street, New-
road, by pi,uring some strong acid on the enamel, which
caused it to peel off.
SECOND CROPS OF PEARS.—We have received a
number of accounts of pear trees bearing a second crop
this year.—Westmoreland Gazette.

PROCLAMATION OF THE COUNT
DE MONTEMOLIN.

" Spaniards,— My dignity and my sentiments render
it my duty to await the result of events which I see
without astonishment about to accomplish themselves in
Spain; I could have wished to hold to what I announced
to you in my manifesto of May 23, 1845. I then made
known my principles; I ted you I had no other desire
than to draw our-country from the abyss into which she
is plunged, to bring about a lasting reconciliation be-
tween all parties, and to give you the peace and hap-
piness of which you have so much need, and which you
so well merit. The results have not responded to my
efforts, and your hopes have been deceived.
" Your duty and my word of honour impose on us
new efforts to fulfil our mission.
"Spaniards, the moment which I have sought to avoid
with so much care, at the price of your sacrifices and my
own—that moment is at last come ; it would be a dis-
grace for you and a stain on me to show ourselves less
to-day than we have been up to this time in the opinion
of Europe.
I know no parties, I only see Spaniards, all capable
of contributing powerfully along with me to the success
of the great cause for which Providence reserves me. I
therefore call you all to me ; I hope in you all, and I
have no fear of any one.
" The cause which I represent is just, no obstacle
must impede us in saving it ; success is certain, for I feel
sure that you will all answer my appeal, full of zeal,
active, and brave.
" I implore you and recommend you rot to think of the
past. The era which is about to commence ought not to
resemble that which has precded it. Concord must be
established among all Spaniards ; let the epithets of
parties cease ; let hatreds and remembrances of injury
be buried in forgetfulness.
" Institutions conformable to the spirit of the time we
live in, the holy religion of our forefathers, the free ad-
ministration of just;ce, respect for the rights of property,
and a cordial amalgamation of parties, lo ! these are the
principles which guarantee the possession of that happi-
ness which you so fervently desire.
" I will adhere to what I promise and what I offer,
and in the moment of success nothing will be more
sweet, nothing will give me greater satisfaction, than to
see around me neither victors nor vanquished.
" I thank you for all you have suffered, for your con-
stancy and for your prudence. The admirer of your
courage and your exploits, I shall know how to recom
pence them on the field of battle.

" Bourges, 12th Sept., 1846."

" CARLOS LUIS.

SOUTH AMERICA.

TREATY OF PEACE AND AMITY BETWEEN
THE REPUBLICS "ECUADOR" AND " NUEVA
GRANADA."

The Gaceta de la Nueva Granada of the 2d July last,

just come to hand, contains two very important state
papers, a treaty of peace and amity between that and
the republic of " Ecuador," and a proclamation of
Senhor Thomas C. de Mosquera, president of the first-
named republic, to his fellow-citizens on the gratifying
occasion. General Flores, who was expelled from
" Ecuador," •we understand, has been endeavouring to
raise recruits in Spain and Ireland to regain his power.
When he commenced this undertaking, war prevailed
between the two above-named republics, but now that
peace has been re•establislied, and notice given by the
Consul for New Granada in this country that his Go-
vernment is averse to General Flores' proceedings, and
had refused him permission to cross the Isthmus of Pa-
nama, his plans for again disturbing the tranquillity of
the two countries will be happily frustrated.
The following is a translation of the treaty, which
was concluded on the 29th May last, at Santa Rosa
del Charchi, by the representatives of the two Govern-
ments :

" The Governments of Nueva Granada' and Ecua-
dor,' being desirous of re-establishing between the two
republics the amicable at d friendly relations which have
been unfortunately interrupted, have agreed to enter
into a convention or treaty, for which purpose his Ex-
cellency the President of New Granada has fully
authorised General Pedro Alcantara Herran, commander
of the southern division; and his Excellency the Presi-

dent of Ecuador. Senhor Jote Modesto Larrea, his
Minister Plenipotentiary and Envoy Extraordinary at
the Court of New Granada, who have agreed on the fol-
lowing articles:—
" Art. 1. Buth Governments, anxious to put an end to
all disputes and differences which may have taken place,
agree jointly and severally to the re-establishment of
that good understanding sad harmony which formerly
existed between the two republics, New Granada and
Equador, and to a free, intimate, and friendly inter-
course throughout the hole of their respective terri-
tories, as also between the people and Governments of
each state.

" Art. 2. The treaty of peace, amity, and alliance
concluded between New Granada and Equador on the
8;h of December. 1832, shall continue in vigour, and
both Governments will adhere thereto, and will cause it
to be fulfilled in all its bearings ; it being well under-
stood that nothing which has occurred from that day to
this, shall be available as a reason for deviating from
the true intent and meaning of that treaty.
" Art. Both Governments pledge themselves to com-
mence negotiations so soon as possible, and within one
year from this date, for arranging a new treaty of amity,
commerce, navigati,n, and boundaries, the conditions of
which shall be such as may be best adapted to promote
the mutual advantages of the two republics. They fur-
theragree to postpone the ratification of the treaty en-
_ _

ter( d into at Bogota on the 20th of January, 1345,
which has already been approved of by the Congress of
New Granada.

"Art. 4. With respect to giving up accused persons,
agreeably to the 11th article of the treaty of 1832, the
criminal courts and justices of the peace of the respec-
tive republics shall understand each other, and act ac-
cording to the circumstances set forth by the applicants,
who must specify the law of the country in which the
crime or delinquency may have been committed, which
would warrant the apprehension and bringing to trial
the person accused ; or, in case of need, one Govern-
ment can require of the other his expulsion.
" An. 5. The Government of Equador engages to
respect, and cause to be executed, the sentences and
judgments of the courts of law, civil and criminal, of
New Granada, with respect to any delinquents who may
come under their jurisdiction, having sought refuge in
the territories of the Equador, agreeable to the classifica-
tion or nature of the crime or delinquency established by
the New Granada tribunals, without the least deviation
therefrom. In the same manner the Government of
New Granada engages to respect, and cause to be put in
force, the judgments and sentences of the civil and
criminal courts of law of the Equador, with regard to
any delinquents, who, baying sought refuge in the terri-
tories of New Granada, may come under its jurisdiction,
according to the classification and nature of the crime or
delinquency, established by such judgments or sentences,
without any deviation whatever from the same.
" Moreover, when the accused came under the de-
scription of state criminals,' the expulsion or deliver-
ing up, stipulated in the said 11th article of the treaty of
the Bth December, 1832, shall immediately take place,
hut if the offence is classified as purely political,' such
expulsion shall not take place.
" Art. 6. The Government of New Granada, and that
of the Equador, as a proof of the security they are de-
sirous of securing to each other for the future, and of the
wish they entertain of drawing closer the mutual ties of
friendship, undertake to prevent on the frontiers of the
respective republics any attempt to disturb the tranquil-
lity of either state. This undertaking must, however,
be construed to extend sti far only as the power pos-
sessed by each Government, and the faculties afforded
them by the laws would permit.
" The present convention being in strict conformity
with the stipulations contained in the treaty of peace,
amity, and alliance of the Bth of December, 1832, al-
ready mentioned herein, and with the laws of the respec-
tive republics, it shall he carried into effect, so soon as it
shall have been ratified by the executive power of New
Granada and the Equador respectively.
" In testimony of the truth, we have signed and
sealed, with the seals of our arms, this convention in
duplicate, at Santa Rosa del Carchi, this 29th day of
May. 1E46.
(Signed) " PEDRO ALEANTARA HERRAN.
" JOSE MODESTO LARREA."
Then follows a decree of the President of New Gra-
nada, Senhor Thomas C. do Mosquera, promulgating
and ordering the above convention or treaty to be duly
observed an executed. Dated, Bogota, the 29th of
June, 1846.

ARRIVAL OF THE WEST INDIA

MAIL.

The Royal mail steam-packet Avon, Robert Steer
Norton, commander, arrived at Southampton on Satur-
day evening, with thirty-seven chief cabin passengers,
and the usual mails. She has made an excellent voyage,
and notwithstanding eight days' head winds, arrived two
days before her time. Her dates are—Puerto Bello,
August 1; St. Jago de Cuba, 18; Jamaica, 23; Jacmel,
25 ; Puerto Rico, 28 ; Demerara, 18 ; Tobago, 20 ;
Trinidad, 20 ' • Barbadoes, 24 ; Grenada, 25 ; St. Vin-
cent and St. Lucia, 26 ; Martinique, Dominique, and
Guadaloupe, 27 ; Antigua, Montserrat, Nevis, and St.
Kitts, 28 ; Tortola, 29 ; St. Thomas, 30 ; Fayal,
Sept. 13.
Amongst the Avon's passengers are Dr. Malley and
lady, whose house was attacked and ransacked at Ma-
deira, in consequence of her attempts to make converts
to Protestantism ; and Sir Robert Schoenberg, from
Barbadoes, after a railway visit to that island. This
packet brings on freight 161 bales of sarsaparilla, 68 of
tobacco, 62 tierces of coffee, 2,200 dollars, and a small
quantity of gold and silver.

By the most recent accounts the Company's ship Dee
was on her way from the Gulf; and the Medway at
Mexico ; Forth, at Grenada ; Severn, at Bermuda
Thames, at Trinidad ; Tweed, Spanish Main • Rein-
deer, Demerara ; and Eagle, at St. Thomas. Her Ma-
jesty's ships Rose, Endytnion, Alarm, Daring, Electro,
and Vesuvius were at Vera Cruz ; the Vindictive at
Halifax, the Hyacinth at Newfoundland, and the Persian
and Viper on the fishing ground.
The Ocean Queen, Welch, was wrecked on the Grand
Caimans on the 28th of July, where the Rapid, Thomas,
was wrecked on the 20th of June.

We learn by this arrival that the crops are generally
good, the weather fine, with a great deal of rain; and
-several slight shocks of earthquakes had been felt at
some of the islands. Sickness was commencing at Ja-
maica when the Avon left. She had a fine passage home,