The Sun.
London, England, 1848-06-06 00:00:00

AND OTHERS.

It may, no doubt, be within the recollection of our readers
that this vessel was seized some time ago by the officers
of the Customs, under the provisions of the Foreign Enlist-
ment Act, on the ground that it was loaded with muskets
and ammunition for the purpose of being transmitted
.to
Oporto for hostile purposes.
The ArronwEr-GENERAL now moved for a rule calling
upon the plaintiff's, the owners of the vessel, to show cause
why an action which they had commenced should not be re-
moved out of the Court of Common Pleas into this court, the
venue having been laid in the former court. It was an action
brought against Sir Thomas Freemantle, the late chairman
of the Board of Customs, and two of the officers of that de-
partment of the public revenue for seizing the vessel, under
the provisions of the Act in question. Ile held that, under
the circumstances, the officers of the Customs were perfectly
justified in the course they took.
Mr. GREENWOOD opposed the motion on three grounds—
first, that the Attorney-General had not put in any affida-
vits setting forth that the cause of action in the other court
was;one in which the revenues of the Crown were concerned ;
second, that it was not an action that could affect the re-
venues of the Crown,; and third, that even if the action
related to a matter which might have once called into ques-
tion anything affecting the revenues of the Crown, that was
now all over, for the ship had been restored to the owners,
and no proceedings had been taken by the Customs towards
its condemnation. The Learned Counsel cited several autho-
rities to show that affidavits shauld have been put in before
such an application could be entertained.
The ATTORNEY-GENERAL replied that he had affidavits,
showing that the officers of the Customs acted in the execu-
tion of their duty. He did not think it necessary to put in
these affidavits, as, he would not consent to question or name
the right of the Crown to act as it had done, by admitting
that such a document was necessary to be produced on
behalf of the Crown in a proceeding of this kind.
In consequence of a remark from Mr. Baron PARKE he stated
that he should direct the law officers of the Customs to look
into the law on the subject, and the Queen's Rernembrancer
would to-morrow appear in court, and state the steps adopted
in similar cases.
The Court desired that the case might come on with the
other Custom's cases.

EXCHEQUER CHAMBER.
(THIS I)AY.)
BA LON 1)2 BODE. V. THE QUEEN.
The Lord Chief Justice of the Common Pleas delivered
judgment in this case, in which a rule had been obtained by
the Attorney-General on behalf of the Crown.
The judgment of the Court discharged the rule, thus de-
ciding in favour of the plaintiff.

MIDDLESEX SESSIONS.
(THIS DAY.)
The June general sessions were opened this morning be-
fore the Assistant-Judge and county magistrates.
The Grand Jury having been sworn, were charged by the
from
Learned Judge to the usual purport.
William Snead, aged 27, was indicted for stealing a large
squantityla upon Co., at Pimlico. The case against the prisoner
d of
lead the roof of the brewery of Messrs.
Elliott
the evidence of William King, a watchman in
thee r
loyment of Messrs. Elliott, who stated that about
rte
e nt
half-past eight o'clock on the evening of Sunday the 19th of
March; be saw the prisoner coming in a manner which ex-
cited his suspicion, from the direction of that part of the
building from which it was subsequently discovered the lead
was stolen that night. The witness knew the prisoner by
name, for he bad been pointed out to him as a person suspected
of having stolen a great deal of lead from the premises.
On discovery
.of the robbery, King went with a constable to
look for the prisoner, and early the next morning they found
that he had suddenly left his lodgings just before their
arrival. tie was at length traced to Whitechapel, where he
was taken into custody.
The defence was an alibi.
The prisoner's brother-in-law, Frederick Nagle, by trade
a rigger, swore that on the 19th the prisoner, his wife and
children, dined at his place in Whitechapel, and remained
there until half-past nine at night. The next day the pri-
soner-came to lodge in Whitechapel, at the request of wituess,
who hop6d' to oht4iitt work for him. Nagle remembered the
day, because he had food it .for keeping his birth-day, in-
stead of the previous Sunday, The 12th of March, which was
the proper day. The cause of the postponement was that he
had been a fortnight unemployed before the 12th, and was
" hard up," but earned a good deal the next week.
Mrs. Nagle, wife of the last witness, confirmed hor hus-
band's evidence, except that, in cross-examination by the
Judge, she said the postponement of the birth-day feast was
not occasioned by the want of money, for they had a better
dinner on the 12th than on the 19th, but she had forgotten
to write in time to her sister.
The Learned Jtaxit: observed that the evidence of an alibi
was always suspicious when the witnesses remembered too
exactly the time and all the concurrent circumstances at-
tending it, without very good reason for their recollection.
It was very difficult to disprove concerted evidence in such
cases, except bystions upon which they could not have been
the direct contradictions of the witnesses,
in answer to questions
prepared.
The jury without hesitation found the prisoner Guilty,

and -
The JUDGE in sentencing him to nine months imprison-
ment, said that if he ever appeared. in that dock upon a
similar charge he would upon conviction be. transported for
seven years. He had been several tunes tried, and at least
once convicted for stealing lead from the
roofs of buildings_
an offence which was greatly on the increase and must be
checked.
In sentencing a boy of thirteen years of age to transpor-
tation, that he might be sent to Parkhurst, the Learned
Judge observed that this child's case was another instance of
the effects which had followed from the alteration of the law
in respect to juvenile offenders. young as the prisoner was,
he had been several times convicted suiumazily, and had now
been only out of prison one fortnight. The effect of the
alteration had been to withdraw those unfortunate children
from the
public eye, which only festered the sore which be
had wished to see something done to cure. He was sure if
the change had not taken place, the public would not have
endured the continuance of the scenes winch used to take
place in this court.

Hardly
MARLBRO'-STREET—(TITIS DAY.)
Campbell,l:ll were placed before Mr.
two rough-looking fellows,
A L-YORCE CHARTISTS. —James Cochrane and James
we
willienlca,bcihliamrgoenu beingtwhieticila, drunk and riotous in Park-
. street, Grosvenor-square.
Cummins, C 200, said he was on duty last night in Park-
street, when the prisoners Cochrane and Campbell camp up
to him, and the former said, "Campbell, mark 1)---y 200 C;
thtow
tluliunki
;thlevniitntWitness requested them to go
0:!, and not interfere with him. Campbell then said, if
witness dared to meddle with them, they would pitch into
him. Cochrane then laid hold of his collar, and tried to
eusst,hestatiuu.
however, closed with him, and even-
tuallyln defence, the prisoners said they were returning peace-
ably from Paddington, where they had been to a Chartist
meeting, when the complainant met them, and called them ,