The Sun.
London, England, 1846-11-09 00:00:00

THE
_sr NY', LONDON, NONbAY EVENI'N_Cr, NOVEMBER 9, 1846.

ing upon salt water were specially exempt from the law
A deodand. With regard to the last objection, it was a
somewhat novel one. It was supposed by many to arise
out of a question of jurisdiction ; but he believed that it
was made an exception, in consequence of its being pre-
sumed that all accidents occurring out at sea were in
consequence of some cause which could not be foreseen
or prevented. That view was taken of it in Cummins'
Digest. He (Mr. Compton) contended that any place
into which the salt water flowed and reflowed was an
arm of the sea ; and vessels on it came under the excep-
tion which he had already mentioned. If the water on
which the vessels floated were considered fresh water, it
should have been so stated upon the face of the inqui-
sition ; and he could therefore found an objection upon
that point.
Mr. Justice PATTESON—There was a case which oc-
curred not very long since— a collision between two
ships off Margate—in which this point might have
arisen, but it did not. Ido not mean to give any deci-
sion upon the point, as there are sufficient grounds with-
out it. You can take a rule nisi.

EXPARTE SIJIITTLEWORTH.

Mr. PARRY applied for a writ of habeas to bring up,
and discharge from custody, the body of Mrs. Shuttle-
worth, now in custody as a lunatic.
The Learned COUNSEL stated that he made the appli•
cation upon three or four affidavits. The first of them
was made by Mr. John Quail, a Member of the College
of Surgeons, who had known the lady in ques-
tion for five years, as she had been during
the whole of that period residing with him as a patient,
for bodily and not mental disease. On the 9th of Au-
gust last, the lady, while in a carriage with the depo-
nent, was violently seized by a policeman, who acted
under the directions of some other parties, who acted
upon what he believed to be a medical certificate. On
that certificate being shown to the policeman he gave his
assistance, and the lady was removed to a lunatic asy-
lum belonging to Dr. Millingen, at Battersea. The de-
ponent stated that he knew the lady was of sound mind
at the time she was taken. The friends of the lady had
been unable to obtain a sight of the certificate, either from
the commissioners of lunacy or from the keeper of the asy-
lum. He (Mr. Parry) made an application to Mr. Justice
Erle at Chambers, and he there saw the certificates.
Mr. Justice Erle declined to interfere on the certificates,
but permitted him to make the present application. The
certificates did not state the ground upon which the
party obtaining the certificate believed the person to be
of unsound mind. In the case of Fell, a lunatic, the
3d vol. of Dowling and Lowndes, page 373, which was
discussed before his Lordship, it was not held necessary
to state these grounds upon the certificate, but by the
Act 8:13. and 9th Victoria, sec. 46, chap. 100, it was
ordered that every physician, surgeon, or apothecary,
signing any certificate shall state the facts from
which he believed the party to be of unsound mind.
The affidavit stated that there were no sufficient
grounds for the custody of the lady alleged upon the
certificates as required by the 45th section of the same
Act. He had the affidavit of Thomas Austin, who had
known the lady thirty years, and who believed her to
be of sound mind, as also the affidavits of Edward
Everall and Caroline I'eachey, her servant. The lady
had always lived in strict retirement upon a pension of
1001., and the parties proceeding against her were utter
strangers to her. Under these circumstances, it would
be no injustice to the interests of lunatics in general if a
writ of habeas were granted. All access was denied to
the lady, and there was no affidavit from her.—Rule
granted.

EXCHEQUER.—(THIS DAY.)
(Sittings in Banco.)
WELBY V. BROWN.

In this case the particulars of which were given in
The Sun of last Tuesday, and which was tried upon that
day:before Mr. Baron Platt at nisi prius sittings.
Mr. MARTIN moved, pursuant to leave given at the
trial for a rule calling upon the defendant to show cause
why the verdict should not be entered for the plaintiff
for the whole amount. The question for the decision of
the Court was the amount of liability attaching to an
overseer for orders given by him during his year of
office in matters connected with parochial business, and
also whether he was held liable for services rendered to
the parish in consequence of orders so given in after the
expiration of his year of office.
The COURT held that the verdict was good, and ought
not to be disturbed. The fact of the plaintiff having
made out his account to the defendant, a circumstance
strongly relied upon by the Learned Counsel in the pre-
sent motion, was not sufficient to reader defendant liable
for the payment of the same.—Rule refused.

conduct, and was ready to make any reparation in his
power. He was drunk, or he would not have done it.
He hoped he would be treated leniently as it was the
first offence.
The prisoner Robins, who is a market gardener, made
a similar defence.
Mr. HALL remanded the prisoner. Russell till to-mor-
row, and fined Robins 60s. for the assault on E 62, and
50s. for the furious driving, or, in default of payment,
sentenced him to 21 days imprisonment for the former,
and 14 days for the latter offence.
Richard Rawlings and Mary alley, waiter and house-
maid at Mr. Orlando Wells, the Pine Apple, Hunger-
ford-market, were charged before Mr. Hall with stealing
a bottle of wine, value 25., the property of their em-
ployer.
Mrs. Wells, the prosecutor's wife, last night found the
prisoners in the china closet drinking wine.
Mr. Wells asked them where they got it, and Raw-
lings said " You got it from Joe Lee, did not you?"
The other prisoner answered, " Yes; he took it from
the cellar." _ -

Joseph Lee, cellarman to Mr. Wells, said that he had
never given wine or anything else to either of the
prisoners.
Rawlings said that he knew nothing about the rob•
bery, and the female prisoner said she got the wine
from Lee, which Lee still denied.
Mr. HALL thought it would be most satisfactory to
leave it to a jury to say which side was to believed, and
he would therefore commit the prisoners for trial.

MARLBRO'-STREET.7-(THIS.DAY.)

Charles Dowding, assistant in the -alamode-beef shop,
No. 4, Charles-street, was charged with attempting to
pick pockets in the crowd gathered about the Castle-
street barracks.

D. W. Thomas, assistant-shopkeeper, said he was in
the crowd which was listening to the band, in Castle-.
street barracks, last night, about nine o'clock, and the
defendant came alongside of him, and began to feel his
pockets. He put his hand on his left breeches pocket,
and then walked round, and with his hand in his own
greatcoat-pocket felt his right breeches pecket
through the coat lining. Complainant without speaking
to the man, walked aside and informed a policeman of
what had occurred. He went back into the crowd and
the defendant returned, and after feeling his breeches
pocket, as before, attempted to insert his fingers into
his waistcoat pocket up beneath the breast of his coat,
which was buttoned at the time. He asked him what
he was feeling his pockets for, but the defendant retired,
without speaking, across the street, and when he saw
complainant speak to a policeman he ran.
Defendant—Did not I ask you what you meant when
you spoke to me ?—Complainant said he did not return
any answer whatever.
Thomas Brown, constable 131 A, said he advised the
complainant to return into the crowd and followed him.
He saw the defendant go behind him and feel his coat-
pocket, and then pass round to the right side and rub
complainant's right breeches pocket with the back of
his hand. The defendant walked from him to behind
two ladies and lifted up the dress of her on the right.
Leaving them he went behind a gentleman in the
crowd, where witness could observe his hands in motion,
but in a short time he returned to the complainant
whose breeches-pocket he again tried, and then at-
tempted, to put up his fingers beneath the brew. t of
complainant's coat just ,at his waistcoat-pocket.
When charged by the complainant he said nothing
and ran as soon as he saw witness coming towards him,
and when caught, in St. Martin's-lane, he said he had just
come up from Somersetshire.
The defendant denied the charge.

Thomas Wolfe, the defendant's master, gave him a
very good character for steadiness aral honesty. He
said he had been in his house for eighteen months,
and was quite surprised to hear the charge made against
him.

Mr. JARDINE said the conflict between the charactei of
the defendant and the charge, left the case in consider.
able perplexity. He asked if the policeman was sure
the defendant was the man ?—The policeman said he was
quite sure ; he had no doubt about his identity.
Mr. JARDINE said he must send the case before a jury,
and ordered that the evidence of the police constable
should be taken down on the depositions as fully as it
had been given before him.
The prisoner was admitted to bail, his master entering
into recognisances in 501. for his appearance at the
sessions.

James and Charles Stokes, two brothers, young men,
were charged with creating a disturbance in the public-
house, 14, Crown• court, and committing a severe assault
on a young boy, one of the spectators.
John Wilkie, the landlord of the house, said his house
was much pestered with the defendant James Stokes,
who was idle, ill-disposed, and a drag upon his younger
brother. Last night he had been drinking in the house,
and tell asleep there, and when his younger brother
Charles came to get him away, the other quar-
relled with him, and both fought most viciously.
A crowd was in consequence gathered round
the door, and Charles Stokes seeing them ran
out and struck right and left, to the serious injury of a
young boy in the crowd. The boy was kicked by the
defendant in the back, near the kidneys, and in the ribs,
so that it was feared some of his ribs were broken. He
was carried away last night very ill to the Charing
Cross Hospital.
_ _

The Magistrate inquired whether any one was present
to speak to the state of the boy, and on hearing that
there was no report from the hospital, remanded thcl
prisoners till to morrow.

SOUTHWARK.—(THIS DAY.)
John Brown, a man advanced in life, was charged
with stealing a Sun newspaper, from the premises of
Mr. Wood, a coffee-house keeper, in the vicinity of this
Court.

Mr. Wood said the prisoner was in his coffee-room on
Saturday morning, and soon after his departure four
newspapers were missed. He came again in the evening,
and a watch being kept upon him, when he left the box
in which he was sitting, The Sun of the. same evening
was missing. Ile was followed, and brought back and
questioned, as to whether he had any newspapers in his
pocket, and he replied in the negative, and exhibited his
pockets to confirm the truth of his declaration. His hat,
however, was taken off, and in the inside The Sun was
discovered. He was then given into custody.
The prisoner accounted for the eircumstance of the
above newspaper being found where it was by saying
that his hat being too large for his head, he put it inside
to keep it from falling over his eyes.
Mr. SECKER said he did not believe one word of such
a defence, but that the prisoner had taken the newspaper
for the purpose of disposing of it, and converting the
proceeds to his own use. The Magistrate then inflicted
a fine of ten shillings on the prisoner for having un-
lawful possession of the newspaper, and in default of pay-
ment committed him for fourteen days.

CLERKENWELL.—(THIS DAY.)
In several cases which were -brought before the ma-
gistrates this morning of persons being brought to the
station-house - drunk and incapable of taking care of
themselves, the police applied to Mr. Greenwood that he
would order the prisoners to pay 7s. 6d., being the
amount of the doctor's fee.

Mr. GREENWOOD said he did not understand this de-
mand, and inquired of the inspector on duty how it hap-
pened that this charge was made so indiscriminately.
The Inspector stated that they had received strict
orders from the Commissioners of Police that whenever
a person was brought to the station-house apparently in-
sensible, they were at once to send for a medical man.
As most of those charges were brought in at unseason-
able hours, the fee charged for the attendance was 7s. 6d.
Mr. GREENWOOD said the law gave him no power to
order a person to pay this sum. He thought it rather a
singular order to have a medical man called in in every
case of the kind, and he considered it would be very
hard to compel every person so charged to pay 7s. 6d.
as the police demanded.

THE LORD MAYOR'S SHOW.
THIS DAY.

This morning, shortly after eleven o'clock, the new
Lord Mayor, Sir George Carroll, attended by the
usual Civic and other dignitaries, left the Guildhall
in grand procession. (A programme of the procession
has already appeared in The Sun.) According to usual
custom, the new Lord Mayor proceeded by water to
Westminster to be sworn in, and to invite the Judges
to attend the civic banquet. The City barge and the
barges of the different Companies were gaily decked out
with flags and streamers.
On their return the Lord Mayor and the authorities
landed at Blackfriars-bridge, and proceeded to return
in procession to the Guildhall. The new equipages of
the Sheriffs were much admired.

A occurredl-lORSIEasDtEwALeeEka'
which was ordered
Mr. Osborne had just sold a horse,
for that
to be trimmed before he was sent home, and
S a Ft
OR is
Eb
No
rl en' si P .c7mAm fatalis commission n accident
stables.d
purpose was handed over to Will Wise, onold
valued servant of thirty years' standing. H
scarcely commenced the operation of trimming, when
e and
onetl ie hoof rs
his e reared up,
feet,
f, and,ran
tn fractured
skull.
hi mon
Athe
medicalhettd w th
gen-
tleman who was present afforded immediate assistance,
and Wise was conveyed to the hospital, but died on
his arrival. Mr. Osborne, on learning the fatal result,
expressed the deepest regret, and declared that he had
not only lost a servant, but a friend who had served him
faithfully for thirty years. On being asked if Wise had
left any family, he said, "He has left a wife and three
daughters, who are able to maintain their mother, and I
have already told her that as long as she lives she shall
retain rent free the rooms her husband has so long occu-
pied. She shall never want," he added, "for as long as
Harry Osborne has a crust, she shall have half of it.'
Such conduct needs no comment.
BATHS IN MARYLEDONE.-011 Saturday a special
vestry decided unanimously on the establishment, in the
above parish, of baths and washhouses for the labouring
classes, in pursuance of the 9th and 10th Vic., cap. 74.
A NOVELTY IN THE STREETS OF LONDON.—Seats
are now being placed, similar to those in the parks, for
the use of the public, beneath a handsome row of trees,
on the foot pavement in Piccadilly.
An extra Gazette was published on Saturday, con-
taining an Order in Council respecting the admission of
goods into the port of Natal, and also a list of articles
which are prohibited from being imported. The prohi-
bitions extend to gunpowder, ammunition, and other
articles. This Gazette also contains a list of Railway
and other Bills, which it is intended to apply for in the
course of the next session.

A. failure, supposed to have arisen out of that of
Messrs. Harman and Co., was announced on Saturday
afternoon of a house connected with the spelter trade.
its engagements are quite insignificant.

MEXICO AND THE
UNITED :IaATES.

SIX DAYS LATER NEWS.

(FROM OUR OWN CORRESPONDENT.)
LIVERPOOL, SATURDAY NIGHT.
We have had two arrivals from the United States in
the course of to-day. The packet ship Cambridge, from
New York, with dates of the 16th ultimo; and imme-
diately after her the Joshua Bates, from Boston, bring-
ing papers from that city to the 23d, and New York to
the 22d ultimo. The Joshua Bates sailed for Liverpool
on the 22d of October, has, and therefore, made the
voyage in little more than fifteen days. These arrivals
have put us in possession of papers and other advises
from the United States six days later than those pre-
viously received by the Hibernia.
The British and North American Royal Mail steam-
ship Caledonia, after a somewhat protracted voyage, ar-
rived at Boston on the night of the 20th ult., about
eleven o'clock. She sailed hence from this port in the
forenoon of the 4th, and took out the particulars of the
sad disaster which befel the Great Britain. Prior to
her arrival there was much uneasiness and anxiety mani-
fested for the arrival of Captain Hosken and his
aquatic monster ; and when the intelligence of her mis-
hap became known at Boston, much regret was ex-
pressed at the accident, as well as sympathy for her
commander.

In the papers which we have received, we do not find
any news which can fairly be characterised as im-
portant. Some particulars are given respecting the
movements of the United States army in Mexico, as
well as conjectures respecting the ultimate intention of
their enemies. The West India Mail, which arrived at
Southampton on the 4th, brought us accounts of the
appointment of Santa Anna to the office of General Com-
mander-in-Chief. The advices now received confirm
that report, and furnish us with his acceptance of the
command. When at Ayatla, on his way to
the capital, he addressed to the newly ap-
pointed Minister of War, General Almonto,
a very remarkable, bold, and energetic letter.
It is a manly and patriotic communication, arid gives the
United States army to know that in his person they have
a determined enemy, who longs for the time when he
can meet the forces of that country in the battle-field, so
that he may unsheath his sword, and take vengeance for
the aggressions made upon the Mexican soil by the
troops of Brother Jonathan. Santa Anna tells Almonte,
and through him the people of Mexico, that they are
now engaged in a terrible contest with a perfidious and
daring enemy, in which the Mexican Republic must
reconquer the insignia of her glory, or disappear from
the face of the earth.

Santa Anna reached the capital on the 15th of Sep-
tember. His reception was of the most encouraging and
flittering description. The people 'were joyous beyond
measure, and seemed to recognise in him their saviour
and deliverer. The day after his arrival, the Provisional
Government, following out the sentiments of Santa
Anna, ordered a levy of 30,000 men to recruit the army.
Requisitions were forthwith transmitted to all the prin-
cipal places in the Republic for an immediate furnish-
ing of their respective quotas of men. Puebla,
and the whole of the towns within a circuit of 50 or 60
leagues of the metropolis, are stated to have complied with
the requisition with much cheerfulness and alacrity. On
the arrival of the news at Puebla, a regiment was imme-
diately raised with a view to assist, and in the equip-
ment of this large body of soldiers the Mexican Go-
vernment have remitted all duties upon munitions of
war. A commission had been appointed on the 4th of
September, to adopt ways and means for encouraging
and rewarding deserters from the enemy's camp, who
should happen to place themselves under Mexican pro-
tection.

The accounts from Santa Fe state that General Kear-
ney had been organising his military force and making
a provisional Government. Intelligence was also said
to have reached New York, that he had left Santa Fe on
the 3d of September, having with him 3,0( 0 men and
20 days' provisions. His destination was Rio Ambago.
He was expected to return in a fortnight, after which he
was to start for California._

From the seat of war late accounts have been re-
ceived. The health of the troops had been very indif-
ferent, and those that were at Matamoras were dying
at the rate of five per day. The late battle at Mon-
terey is said to have cost the Americans 700 killed and
wounded ; the Mexicans, 1,100. Major Graham had
left Washington, charged with instructions to General
Taylor, whom the United States Government have or-
dered to prosecute the war with energy and perseve-
rance. The terms of his negotiation with Ampudia are
said to have been very unsatisfactory to the authorities
of Washington. General Taylor was to leave Monterey
for Saltillo on the Ist of November, and an additional
force of 4,000 men were to be put under his command,
so that he would depart from the scene of his last con-
quest at the head of 9,000 troops. Santa Anna was
supposed to be on his way to meet General Taylor, and
that the two armies would come within musket reach of
each other, at San Luis Potosi, where another engage-
ment was likely to take place.

GENERAL SANTA ANNA, COMMANDER-IN.
CHIEF OF THE LIBERATING ARMY, TO
GENERAL ALMONTE, MINISTER OF WAR
OF THE REPUBLIC OF MEXICO.
" AYOTTA, ONE O'CLOCK A.M., SEPT. 14, 1846.
" Sir,--I have received your favour of this date, ac-
knowledging a decree issued by the Supreme Govern-
ment of the nation, embracing a programme of the
proceedings adopted to regulate a due celebration of the
re-establishment of the constitution of 1824, the assump-
tion by myself of the supreme executive power, and the
anniversary of the glorious cry of Dolores. My satis-
faction is extreme to observe the enthusiasm with which
preparations are made to celebrate the two greatest bles-
sings that have fallen upon this nation—her independ-
encp and liberty—and I am penetrated with the deepest
gratitude to find that my arrival at the capital will be
made to contribute to the solemnities of so great an oc-
casion.

"In furtherance of this object, I shall make my en-
trance into that city to-morrow at mid-day, and desire,
in contributing my share to the national jubilee, to ob-
serve such a course as may best accord with my duties
to my country—beloved of my heart—and with the re•
spect due to the will of the sovereign people.
" I have been called by the voice of my fellow-citizens
to exorcise the office of Commander-in-Chief of the army
of the Republic. I was far from my native land'
when intelligence of this renewed confidence, and of
these new obligations imposed upon me by my country,
was brought me, and I saw that the imminent dan-
gers which surrounded her on all sides, formed the
chief motive for calling me to the head of the army:
I now see a terrible contest with a perfidious and
daring enemy, impending on her, in which the Mexi-
can Republic must reconquer the insignia of her glory,
and a fortunate issue, it' victorious, or disappear from
the face of the earth, if so unfortunate as to be de-
feated. I see also a treacherous faction raising its head
from her bosom. which in calling up a form of govern-
ment detested by the united nation, provokes a prefer-
able submission to a foreign dominion; and I beheld
at last, that after much vacillation, that nation is re-
solved to establish her right to act for herself, and to
arrange such a form of government as best suits her
wishes. All this I have observed, and turned a lie.
tening ear to the cry of my desolated country, satis-
fied that she really needed my weak services at so
important a period. Hence I have come without
hesitation or delay to place myself in subjection to
her will, and, desirous to be perfectly understood,
upon reaching my
native soil, I gave a full and public
expression of my sentiments and principles. The recep-
tion which they met with convinced rae that I had not
deceived myself, and I am now the more confirmed in
them, not from having given them more consideration,
but because they have formed a general echo in the
hearts of my fellow-citizens. I come here to carry my
views into operation, and in compliance with the man-
date of my country. She calls me as commander-in•
chief of the army, and in that capacity I stand ready to
serve.

" The enemy occupies our harbours, he is despoiling
us of the richest of
_ our territories, and threatens us with
joined with it, I will e-
°)
his domination.
the enemies of my country. of a free people, and
I go then to the head of the Mexican
army, an army the offspring ( J./
fulfil my utmost duty in opposing
which they are alike entitlee
the valiant Mexicans to the I will die fighting, or lead
they have preserved, of a 7rne'etyynaj
enjoyment of a triumph to
from
entuvidsoet
nriecy.ne
t,dh,erbul
The
yess wi theirrosa arwnwhi
asia
gcrhae-
like character, and by the di
ingratitude
for must the
unlessw hic which
necessity of immediate importance,
of infamy; I cannot recede
the nation has assigned me ; I
would draw upon myself the censuregodue
will at once perceive how
for the favours with which I have been overwhelmed
ft in assuming the supreme great
my fellow citizens ; or unless I would behold her
hum-
bled and suffering under a perpetuation of her
my loyalty nor
misfor-
tunes.anerrorYlosuhrouElxdcoelolmenmc
hnetrof interests so dear
ma-
gistracy, when my duty calls me to the field to fightagainst the enemies of the Republic. I should disgrace
myself if, when called to the post of danger, I
pthoevraerbalndoNnmeite
smpyrinhgonotour trheagtuiroefs
to me.
~ The single motive of my heart is to offer my com-
patriots the sacrifice of that blood which runs in my veins.
I wish them to know that I consecrate myself entirely to
their service as a soldier ought to do, and am only
desirous further to be permitted to point out the course
by which Mexico may attain the rank to which her
destinies call her. In marching against the enemy
And declining to accept of power, I give a proof of
the sincerity of my sentiments ; leaving the nation her
own mistress, at liberty to dispose of herself as she sees
fit. The elections for members of a Congress to
form the constitution which the people wish to adopt,
are proceeding. That Congress will soon now con-
vene ,• and while I shall be engaged in the conflict, in
armed defence of her independence, the nation will
place such safeguards around her liberties as may best
suit herself. If I should permit myself for a single
moment to take the reins of government, the sincerity
of my promises would be rendered questionable, and
no confidence could be placed in them. 1
am re-
solved that they shall not be falsified, fur in their
redemption I behold the general good, as well as my
honour as a Mexican and a soldier. I cannot abandon
this position. The existing Government has pursued
a course with which the nation has shown itself content,
and I have no desire to subvert it by taking its place.
I feel abundant pleasure in remaining where I am,
; and flatter myself that the nation will applaud my
choice. I shall joyfully accept such tasks as she shall
continue to impose upon me, and while she is engaged in
promoting the objects of civilisation I will brave every
danger iu supporting its benefits, even at the cost of my
existence. Will your Excellency have the goodness to
tender to the supreme Government my sincere thanks

for their kindness ? I will personally repeat them to-
morrow, for which purpose I propose to call at the
palace. I shall there embrace my friends ; and hastily
pressing them to my heart, bid theni a tender farewell,
and set out for the scene of war, to lend my aid to serve
my country or to perish among its ruins.- I beg to re-
peat to your Excellency assurances of my continued and
special esteem.
" ANTONIO LOPEZ DE SANTA ANNA."