The Sun.
London, England, 1846-08-31 00:00:00

MAGISTRATES.

LA W INTELLIGENCE.
COURT OF BA NKR UPTC Y, August 29.
(U. fare Mr. Corn missiover PANE.)
IN RE COOPER.

r3IPORTANT QUI:XIS:Ii AS TO THE LIABILITY OF
TReSTEES.—In this case the bankruut tame up for his
certificate, and was opposed by Mr. Parry, on the
ground of improvidency and breach of trust, as trustee
under the will of his brother.

His Hoezonit at once said that he did net tit there to
punish a man tor being improvident, and the case must
depend on any breach of trust which could le- established.
Mr. DUNCAN, who appeared for the bankrupt, in a
very energetic speech succeeded in impressing the
Learned Commissioner that his client was net quite so
black as painted. The facts were remarkable. It tip
pears that there were four brothers; one died, and Lft
his other brothers trustees. The bankrupt, however,
did not at the time act under the will, but his brothers
becoming embarrassed, and one actually bank-
rupt, to relieve them from the serious (m-
-stquenees which it was conjectured they mieht
fall into. He, in 1833, debited himself in his aeitounts
with the whole amount of the debt, abeut 1,320,.;
he reeei% ea the rents of eertain leasehold pee
pery and applied portions of it in reduction of the debt;
hut it was contended he could not do so without pre-
judicing the cestui qui, trust who had a right to oppo.o.
The Learned Counsel ureed that the liankrept
throughout the whole affair, acted as hanker for the
'may, and he could net clear off the liabilities of his
en trustees acting up to the time he took the relionsi
hility on himself; he had paid interest according to the
price of the funds, he therefore ought not to be eliarged
with any misappropriation of money merely t;,king
the reduction of the debt he had incurred; in truth the
bankrupt had gore beyond honesty—he hail acted with
honour, adopting debts and liabilities which he was net
hound to do. The Learned Commissioner Holroyd had
insisted that the proof of theeestui qni trusts should oily
be on the bills of exchange given,and therefore they had
no right to oppose for a breach of trust. Mr. Duncan
submitted that by the words of the will, no one trustee
was to be answerable for the acts, defaults, &c., of the
other.
The Learned COMMISSIONER said that the usual clause
was better left out than inserted, and had no bearing on
the present case. The bankrupt had admitted a debt RS
tti tru3tcP, and had misapplied the property by paying his
own debt, which he was net justified in doing, although
a iesiduary legatee.
The certificate was suspended for nine months, with-
out. protection.

ASSIZE INTELLIGENCE.
NORTHERN ClRCUlT.—Liverpool, Aug. 27.
(11efere Mr. Jusrice CRESS WELL.)
The Court was engaged neatly the whole day with two
peeial jury eases, one respecting a watercourse, and
another for a nuisance, the details of which were of no
interest but to the ',tittles.
(Before Mr. Justice WicuTerex.)
David Turkinyton was indicted fer having. on the
hisib seas, stolen 40 sovereigns, the property of Patrick
L. ech.
','he prisoner, it appeared, was an Irishman, who had
tee some time carried on business as a calrinet-insker at
N w Orleans, and was a fellow-passenger with the pro-
secutor, on board the Cremona. from that port to Liver-
Tool. He and his wife slept in a small house tin the
deck, which was also occupied by the prosecutor. The
latter described himself as having been a soldier in the
United States army for five years, and on his disc ergo
received a sum of upwards of 50/. for arrears of pay,
and for work of various kinds which he had performed.
Of this money he, some time after he let t New Orleans,
sewed 40 sovereigns in a belt, a, d put the remainder in
a purse. These he some time after deposited in his
trunk, which was in the small house on (leek alreedy
mentioned. On Easter Sunday he saw his money safe,
but on the following Tuesday it was gene. Inquiries
were made on board the ship, and the passeneers
were r' quired to show what money they had riot abeet
them. The prisoner produced a purse with about 30s.
in it, which he declared w-.s all the money he had in the
world. The search was unsuccessful. During the
voyage, the prisoner asked the prosecutor wheth..r the
money he had lost was marked, and hearieg it was not,
he eeemei anxious, several times, to impress on ti-ie
mind of the prosecutor that, in that ease, there was no
use in trying to press it any further, arid that when he
got to Liverpool any attempt to recce r it would he in
vain. The prisoner was observed, previous to the art ivel
of the vessel et Liverpool, planing a small piece of wiiod.
and at another time busily engaged in doing something
to the stock of his. gun. On approaching Liverpool, the
prosecutor went ashore, end came back with a polieemae,
The prisoner's gun was examined, and behind the metal
plate on the se ck was found to be scooped a small
cavity, in which were a number of half-dollars, which.
however, formed no part of the property L.st Ott a
further search, in a large box he kept for his ends, is
small hole was found behind the lock. in which was it
sovereign. He said he had no more money. However,
in an., her smaller box, placed behind a smell bar of wood
which ran across the lid to strengthen it, and which was
similar to the bar he had been eeeti planing, were found 14
sovereigns. The prisoner, it appears. had several times
during the voyage represented himself as hating no
money, and had repeatedly attempted to sell his watch
to obtain the means of going home to Ireland. H 4 was
taken before the magistrate and disehar:ied, but was
subsequently appreheuded and committed for trial. In
the sole of his boot several pieces of gold, were found to
be hidden, he having been seen, it was said, during •the
voyage, doing something to the boot in question.
Mr. Sergeant WILKINS addressed the jury for the de-
fenee, contending that there was no evidence to shoe. the
pria mer had committed the robbery—eipposine the
prosecutor had ever been robbed at all. His denial of
be; eg possessed of money was only in accordance with
the practice of his countrymen in that class of li(e, who,
when travelling, were wont, in some degree:ter security,
and in some degree to stimulate the k ndness and
charity of these among whom the:, were, to assume
a poverty which sometimes was not real.
Verdict, Not Guilty.
William Crawley was tried, on two successive indict-
ments, for cutting and wounding Mary Lawton and
Catherine Riley.
Mr. James appeared for the prosecution. The erisoner
was not defended by counsel.
It appeared from the statement of Mary Lawton that
she, being in company with another girl, met the pri-
ssner, a sailor, at a public-house called Storey's, in this
town. The prisoner asked the girl, the presectitrix'e
companion, to go out with him, which she declined, and
shoi tie after, while he was sitting beside the prosecu
trix, he, without apparently any provocation, struck her
with his sheath knife on the knee. He then went out,
and the prosecutrix found herself wounded, the knife
having passed through her clothes and ieflice d awelled,
but not of any serious nature. He very shortly after,
as appeared on the second indictment, went to the house
where Riley lived with her mother, and, according to
Riley's statement, without any provocation whatever,
broke his pii e across her face. She had known the pri-
soner telore. On her going into the house he followed
her, and went up stairs, where without, as the whin ss
declared, anything further occurring, he kickel a young
woman of the name of Toole, who was in the prosecu-
trix's company, arid stabbed Riley herself' in the chef k
and was making a second blow, when she put up her
hand and was wounded in one of the fineers.
At the desire of the prisoner, the prosecutrix's mother
was called. She said that she had been up in the room
above where this was alleged to have taken place, anti that
there were many poems, men and women, assailing
the prisoner there. His own story correspended with
this statement. and he declared that the wounds received
by the prose-cutrix must have taken place areich•ntaliv,
when she was struggling on the ground to get the knife
from him, he having been obliged to draw it in self-
defence.
Verdict on each indictment, Guilty of a common
assault.
To he imprisoned ten months on each indictment.
James Lyon, a dissipated drunken-looking man, was
it-dieted under the statute for stealing a lease, being cvi
dence of the title of John Mac Glade to a certain dwell-
:ng-house.
Mr. Blair conducted the prosecution. The prisoner
was defended by Mr. Blackburn.
It appeared that about a year and a half ago the prose-
cutor took from the prisoner a lease for twenty-one years
of the dwelling-house in question. The prisoner was in
embarrassed circumstances, and the pr isecutor several
times advanced him money. On the evening when the
circum'tances occurred which resulted in the pres-nt
indictment, the prisoner went to the house, toll after
having some tea with the prosecutor, the subject of
money matters was introduced. The file of receipts for
moneys advanced by the prosecutor was produced, and
with respect to one of these, which had been received
from the prisoner's attorney, who drew up the lease,
and who is since dead, a question arose. The prisoner
sail it was not in the same handwriting as the lease,
and accordingly that instrument was produced, The
receipt was compared with it, and the prisoner then ad-
mitted that the former was a genuine instrument. 'I lie
prosecutcr laid down the lease on the table, and turn- d
round to look at his day -hook. The prisoner, it w. ul
appear, took this opportunity of snatching up the lease
and running inn
hgima,wbauyt wi
ni thvaiitn.. p
was lle rt) sec
nl.:Et:l.)e%
ealtltde,md p
ill
to
same night about ten'o'clock, and on being taken int
custody by the officer, he said to the prosecutor,
" Mac Glade, I have you now, and I givoyou warning
leave at this time tweiveiconth.”
Verdict—Guilty. Sentence d4erred.

Mr. R. A. Fitzgerald, M.P. for the county of Tippe-
rary, has forwarded the following reply to the Lard
Chancellor's Secretary
6' Nluekridge House, August 18.
" S;r,—l am in receipt of yours of the 15th instant, it-.
which you mention that the Lord Chancellor is desirou.
of restoring to me the commission of the peace. In
reply, sir, I beg to state that I should be sorry to inter-
fere in the slightest degree with the desire of the Lord
Chancellor to perform an act of justice towards those
inlgistrates who were so unconstitutionally and unjustly
deprived of their commis,ion by tho late Government.
As one of them, therefore, I can have no objection tt
resume the duties of the office, and be restored o the
same position which I held previous to the 25th of
May, 1843. -I have the honour, sir, to remain your
obedient humble servant,

POLICE INTELLI(xENCE'.
BOW-STREET.
Patrick Nyland, the Irish latwurer, who was charged
on Satnrday week with careless!y throwing two brielis
over the parapet of a house in the Strand, where he was at
work removing a stack of chimneys (order ed to be taken
down by the district surveyor), was again placed at the
bar, berore Mr. Jardine. on Saturday morning last.
appe red that Mr. H.arves• and Miss Tontkins, the
pers,ns who were injured by the bricks, ouvre now in a
much improved state—indeed, out of danger, but had
not yet recovered entirely.
Mr. JARDINE said, that he must remand the prisoner
for a fortnight; but, that ttA the injured panics were now
so much better, he would admit him to bail.
The prisoner's employer was in attendance for the
purpose of offering himself as bail; and being accept, d,
entered into recognizances for 8:)/. The prisoner was
himself bound in a like amount, and was then liberated.

" R. A. FITZGERALD.
" Frances Wm. Brady, Esq., &c."

CUCUMBF.RS FROM RUSSIA.—Among the novelties
in the list of importations now taking place are some parcel':
of cucumbers from Russia, arrived in the Victory yesterday,
from St. Petersburg'',
'l'H5 SECOND iTAY-HARVEST.—On Friday, in the
neighbourhood of Edmonton, Enfield, and Barnett, the
rutting of the second crop of hay was begun. It promises
to be abundant, and if the fine weather continue, will L
well made.

[ADVERTISEMENT„ i I he
101 kiwi, g cXtraorditiary
c se, as . onnected with licat.t.owaY's PILLS, cannot be made tbo
public:— George Wright, of Iligh-s met, Vauxhall, well known at
Hill's -.lam ie.. Vauxhall-walk, where he formerly worked during
t.O years, but for the last five his health had ',cell so had that he
could do nothing,
being gre ,tly- emaciated, suffering from a diseased
1 ver, and also the dropsy, beddes an atreetion of the s;:ine. lie was
n the hospital at Win; !tester ter live months and afterwrods in
Westminster Hosnital for three months I tiger. To 'LI,. up. fr..m
almost a (VIII state he has been restored to such company ive health
and vigour, in the short spat of live weeks, as to astonish al who
know him, and this by liollowey's pills, which may be had at I ro-
;tiger Holloway's Establishment, 244 Strand; and cf ,d 1 respect.
iii)le medicine yeadorslivongtioul thy civilised world,

THE FORGERY AT coryrrs's.
ARREST of C P PAIN RICHARDSON. the CH AIR-
AN cf tho WORCESTER, TEN BURY, and LUD-
LOW RAILWAY COMPANY.
At a late hour on SAterday, Captain Rjehtmison. the
Chairm,:n of the Wort,:-,tyr, Tettlau-3, and Ludlow Rail-
w•ty C ;Topany, was hr tight to the Man-;ion-house, in
the custody of City I),l,,eman Ras-ell 34, of the &lee-
tive fore-, be''. re APerman Musgrove, charged with
Irtvi-oz altt.red a cheque noon Coors's bank for the sum
of 101. to the sum.of 5,0001 The ease, as may well be
inyt :inP.l, excited the eatest .
Mr. Bush, of the firm of Bush and Mullins, solicitors
to the Committee of Bankers for the Proo,cution of For-
gerie, attd Fowls. appeared for the prosecution.
The prisoner having been taken by surprise, was un-
def.nd,•d.
Mr. Bush stated that he was agent to Messrs. Fry and
Co., the agents to the Worcester, Teneury, and Ludlow
Railway Company, of which the prisoner %%as the chair-
man, and h. had to charge that prisoner with haying
altered a eheque ninon Coutts's hank, which was origi-
nall?- drawn for 10/ to 5.00 a, at ,d with having received
the proeceds and aopropriateri them to his OW npurpos-s.
At present he would call ottly such witnesses as might
b neees.are to prove that there was founchtion for a
remand. At a future day he s'ntuld produce some very
imp,rtant and cemplicaod evidence, calculated to esta-
blish the charge in the most effectual t:,aneer.
Ald.o,nan MosattovE- At present, prisoner, there is
no evidence against y ou; there is merely the statement
of Mr. Bosh, and I wish to knew whether you would
(IQ:sire to ask that gentleman any question?. Prisoner—
I Am so moth surprised at th%• ci.arge, that I had rather
say nothing until I have an opportunity of consulting
my solicitor upon the subject.
Mr Bush said he held the cheque in his hand. The
prisoner had he said, stated to him that he filled up and
signed a cheque for 10/. on the 7th of July, which had
been drawn upon Coutts's bank; that the same had after-
wards been returned to him signed by two other
directors of the company; and that subsequently it had
been paid into Messrs. Coutts's bank, the sum of 101.
being altered into the sum of 5,000/.
Mr. Robert Hare, clerk at Messrs. Coutts and Co.'s
honking house, looked at the cheques produced by Mr.
Bush, and stated that he paid that cheque, which pur-
ported to he for 5.000/.. on the.2oth of Jaly, to a person
at the counter. He did not know to whom he paid it
He paid the amount in five notes of 1,000/. each. The
witness here produced the notes as those which he had

ney had turne. away an. .art them; when :apping,
addressing the latter, said he hoped that he was not
going too, as he wished to say something to him.
After the man had bowed three times to the
multitude, who greeted him with three times three,
and called him " a brave fellow," and " a trump of a
fellow," with many similar expressions, he turned round
to Mr. Sidney, and said that "he hoped he should be
forgiven as he forgave everybody, and that his sentence
was a just one." So far from these scenes passing off in
silence, the culprit was treated by the mob as if he were
a successful candidate at an election, and with much the
same feeling. He had said this much, in order to show
the inefficacy of executions by law in preventing crime;
and he thought he had shown sufficient to convince them
that the law would gain nothing in carrying out this
sentence in its extreme rigour, for while such sights
were demoralising to the public, this case, upon its own
merits, demanded their greatest and warmest sympathy;
because, as the man had been convicted upon his own
testimony, they ought to give him the benefit of the
provocation also upon his own,testimony; for he (Mr.
Alderman Sidney) would defy any casuist in the world
to bring forward another reason. The Chairman here
read several letters bearing upon the case, one of which,
from a clergyman at Norfolk, stated the family of the
prisoner to be very respectable and honest, though poor,
and most of them living in that county. It also
spoke of a petition that was in progress to the Home
Secretary for the mitigation of the sentence, and
suggested the idea of a similar course being adopted
in London. Another note, addressed to Mr. Sidney
by Mr. Walter, the proprietor of the hotel, was also
read, in which Mr. Walter said, that on the
arrival at home on the evening of August 25, he had
been much astonished to bear that some party had ac-
cused him of having said that Smith (his late cook) had
thrown a knife at one of his fellow-servants. He begged
to contradict the assertion, and to say that it was a pal-
pable falsehood, and he hoped to have the opportunity of
meeting the party who had so used his name. A letter
was also read from Mr. Gurney, of the Society of
Friends, commending the steps that were being taken.
Alderman Sidney remarked that, unfortunately, vague
reports had been spread, which had received the charac-
ter of evidence, and it had been told to the Learn, d
Judge that this was not the first offence on the part of
the unfortunate man Smith. It was said that he had
previously hurled a knife at one of his fellow-servants,
and the Learned Judge, on hearing this, shrugged his
shoulders, and said he was afraid it was not a case to
recommend to mercy. He (Mr. Sidney) was happy to
say that there was not the slightest foundation for
these reports. Smith had once scratched the arm of
on'- of the girls with a tin cover, but so trifling was it
that it was not worthy of remark. In a lever from
Mr. Walter to Mr. Baron Platt, it appeared that the
former had put some questions to this servant with re-
gerd to Smith's conduct on that occasion, at the same
time he asked her if she were willit'e to sign a petition,
signed by Mrs. Walter, his wife, and all the servants,
of the establishment, 'praying for a mitigation of the
sentence. The girl re plied st,e would willingly sign it.
She spoke of deceased as being a most violent, ill-tern—
pered, and aggravating girl, and that the language she
made use of was unfit to repeat. It was not for the par-
-pose of heaping calumny upon the poor girl who was
dead that these things were brought forward, for every
Christian must feel deep sorrow for her miserable fate,
but it was for the purpose of showing the circumstances
which attended the perpetration of the crime, and upon
the strength of them to humbly ask her Majesty's inter-
ference on behalf of the condemned man, and to save
the public from that disgusting scene, which was neither
consistent with the law itself, nor consistent with justice.
The Chairman here conclude !, and from the expressions
of the meeting they appeared to acquiesce entirely in the
observaticns of the worthy alderman.
Mr. THORNhoRROW then rose to put a resolution, but
before doing so he read over the terms of a petition
drawn up by Mr. Walter, and signed by himself and
family, as well as all the servants of the establishment,
for the mitigation of the sentence of Smith, by reason.
of the provocation he bad received. It described
him as having lived seventeen years in the family
of Mr. Walter, at the Guildhall Hotel, and gave him an
unexceptionable character up to the time of the crime he
had committed. Mr. Teornborrow suggested, that a
similar petition shoe ld „drawn „up and left at the.
Gtitldholl Ciiffee-h'6use to be Signed by the public, and
afterwards forwarded •to the Home Secretary, and he
hid no doubt that with that, the petition from Nor-
a ich, and 'Mr. Walters, with the assistance of the So-
ciety of Friends, they would be enabled *to procure a
mitigation of the sentence, A resolution was then pro-
posed, embodying the above suggestions, and it was
seconded by
Mr. MILLARD, who supported the resolution, and
said that it would be important to show that the man
had the good opinion of all his fellow-servants up to the
time when, by reason.of rnueh provocati, in; he had com-
mitted the crime for which he was condemned. After a
few other remarks, Mr. M. read the terms of the peti-
tion, which he thought, with a little modification, might
be left for sie nature in Mr. Walters's house.
A sub-committee was then formed, and the petition
revised and altered, to be ready for signature at ten
o'clock this mcrning, at the Guildhall Collet—house.
Previously, however, to the revision of the petition, a
unanimous vote of thanks was given to the Chairman,
who having acknowledged the compliment, the meeting
broke up.

paid. -
Mr. Bush—Have you reason to believe now that the
cheque was forged ? Witness—The cheque bears the
proper signatures.
Mr. Bush—Have you heard what induces you to be-
lieve that it is in part forged ? Witness—l have.
Mr. Henry Jerningham, a clerk in the Bank of Eng-
land, stated that on the 20th of July he changed three
LOOOL bank notes, which were all dated Feb. 13, 1846.
'rho person who presented the notes gave the name of J.
Jones. They were paid in gold.
Mr. William Higman, of the Issee-office of the Bank
of England, stated that the three notes for 1,0001. each
having been sent for gald, were brought to him by the
list witness, who said that a gentleman required gold
for them. Witness perceiving; en the notes only the
address of " Dublin," asked' the gentleman, who he
had not the slightest doubt was the prisoner, what part
of Dublin he resided in. The prisoner replied, " The
Linen Hall." Witness asked him to write it on one of
the notes. and handed him a pen for that rurpose. The
Prisoner appeered to be very nervous, t, id requested
witne,s to write it. and he did accordingly write or, one of
the notes the words " Linen Hall," and asked the prisoner
his address in Lender) ; to which the answer was" Furni-
yid's Inn Hotel." That address with. as also wrote upon
the net«, The sum being a large snm for gold, witness
went to Mr. Marshall, the chief cashier, to consult him
on the subject. Witness was sure he asked the prisoner
from whom he had had the notes, and the prisoner said
from Courts's. When witness mentioned that circum-
stance to Mr. Marshall, that gentleman requested him to
trace to whom the notes had been first issued by the
bank. and he did trace the notes, and found they had
been issued to Coutti's. Oo leaving Mr. Marshall. wit
nes,: f and that the prisoner, to whom the geld had been
already pad. had left the hank, and he had hon brought
haek till the it' tes hold he traced.
Mr Thomas Aeer, clerk in the Is ue Department of
the Bank, sta7ed that. he was Fes,. nt while the prisoner
was receiving the gold, durin the whole time. He had
not the slightest doubt as to the identity of the prisoner.
H., had to call the t eieener back to re-weigh the gold, as
it was a large amount, and there was some suspicion at-
tached to the circumstance. Witness went to the cab in
which the pri- oner was about to seat hirnelt, and sail he
was sorry he (the prisoner) must bring the money back
ta h^ re• weigh. d. The prisoner said. " Oh, it's all
right," and he came back. At last Mr. Iligman told
witness to let the prisoner go. and he did so.
Alderman MUSGRoVE said the experience of the pri•
toner must itiferrn him that there was evidence enough
given upon which to remand him for further examination
The prisoner wished to have time to consult with his
legal adviser.
Alderman McscaovE—The case is a very serious one,
and you shall have a full opportunity of consulting your
solicitor. Do you wish to say anything now ? Prisoner—
Mr. Bush can bear witness to the fact, that I took con-
sid• rable treuble to ascertain who committed this for-
gery in my capacity as chairman of the company.
Mr. Bush—l have to say that the prisoner and others
cenulted me on the subject of this forgery, and what
took place upon that con'ultation led to this result.
Prisoner—He knows that I went to Coutta's Bank
upon the stieject, aecompanied by the solicitor, and un-
accompanied by any of the other members.
The prisoner was then remanded till Tuesday.

THE LATE MURDER AT GUILD-

HALL COFFEE- tiOUSE:

• .
A. meeting of gentlemen' tank place on Friday after=
noon, at the Guildhall CoffeOnaise, for• the purpose of-
petitioeing the Herne Secretary for a mitigation of the
sentence of death pronounced upon Smith, the cook at
the Guildhall Geffee- house, for the murder of Susan Tol-
leday. Amongst thole present were—Mr. Alderman
Sidney (in the chair), John Wilson, E-q., W. J. Wil-
kinson, Esq., W. Thornhorrow, Esq., J. H. Croucher,
Esq., J. Jones, Esq., J. Brewer, Esq.. R. Philips. Esq.,
James Millar, E q , J. Millard, Esq., J. M. Barnard,
Esq., Rogers, Esq., W. Austin, E-q., &c.
The CHAIRMAN, in opening the proceedings of the
meeting, said, they might perhaps regret that in a case
of such great importance and interest there was not a
more numerous a.tendance, but experience had shown
that in cases of this kind persons were apt to consider
that it formed no immediate business of iedividuals, and
consequeetly, instead of coming torward to make iequi
ries upon the sulii et. they were npt to he& to the parers
for all eueh information. After thanking the gentlemee
of the press for their Attendance, the worthy Alderman
proceeded to say, that he had been solicited in the early
part of this week to join a fi-w gentlemen ia their en-
deavour to obtain a miigation of the sentenee upon
the unfortunate convict Smith, from the extreme
pena,by of the law, to benishment. It had net ori-
gupieoentl3t-hbeeeseuhti,tie, ibnutte nsttritiel :
itno
ah oml de at r , public l
irknee etthi ni
this.
it was imposs,ble to communicate their itttentioes
to each other, and ascerain tb.se who might
wish to assist them, without doing so, therefore had they
assembled that morning, with a view of eavirg the law
trot at, act of violence, and mitigating a sentence which
would be proved to be much more severe than the case
deservett. It had been his lot to see many persons con
pp::
udne:
victed of murder, and he ceuld not help ,aying that, in
this case, to him there appeared to have been a vital eh-
senee of motive, except that of sudden rind irresistible
provocetion. Every one press nt was, no doubt, well tic
quain,ed with the circumstances attending this painful
occurrence, but they could not be acquainted with those
facts which came more particularly under the cognisance
of those who had been admitted into the cell of the con-
demned man. He might state that et the trial, plain es
the feet.; were, the jury took upwards of one hour to re-
turn their verdict,,and a more respectable jury he be-
lieved never ecenpleil a place itt the Central Criminal
Court. They had since deelered, that had there keen
any evidence to prove that a blow had been struck by
dueea• ed, they would have brought in a verdict of man-
slaughter. It was for that apparent inconsistency that
he (Alderman Sidney) a-ked the meeting to go band in
hand with him to try if they could not get the sentence
of death mitigated. The prisoner, when placed in Gilt-
spur street Compter, fully admitted his guilt to the turn-
key in charge of his cell, stating that he should not make
any &fence, and he appeared anxious to unburden his
mind by conversing upon the subject. lie said that the
unfortunate occurrence would not have taken place had
not deceased struck him first as he passed by her, ac-
comp-,vying the blow with the most vile expressions.
lhl not this circumstance show that he had had great
provocation? And this confession was made on the
event -g before his trial, and again stated when there
was not the slightest hope of it doing him any good. He
did think that as the prisoner had been condemned upon
his own admissions, he ought to have the benefit of the
provocation to the crime. On this point the law was
clear and explicit, and certainly no one could complain
of the suraniing up of the Learned Judge. The worthy
ALermen here cited two cases of murder which had
come under that merciful judge, the Lord Chief Justice
Tin-lal, in which the sentence of eeath had not been
passed, though the easee appear• d to be subjects much
less for merciful consideration than the present. In one
of them a man, Hayes and by name, and a butcher by
trade, having received provocation rorie a young man
who, by order of his mi.nher, ha:: turned Hayward out
of the shop, ran some hundredyerds and fetched a knife,
with hiche he returned, and after exchanging a few
angry words stabbed the offender so that he died in•
stantiy. Now, the prioner Smith was a lawful cook,
and engaged at his occupation e ith a knife in his hand.
Deceased was also at work in the kitchen. Some angry
works were spoken, and a quarrel ensued, when much
exciting language was used by the deceased. At length
the prisoner happening; to pass the decen.sed with some
scrapings of fat, which he was about to throw into a re-
ceptaclehtte, (1)
to s•rike him, at the same time addressing him by a
for such things, the latter took t
most odious epithet. The prisoner, exasperated to
the highest pitch at her conduct, in a moment of pas-
sion, laid hold of her heir and conuni
for which he had been sentenced to death, end which he
had not attempted to conceal. Now, they had not met
there that day out of eonsid• ration of the feelines of
an
to
tnta
that man ; for he had, by his own act, brought utmn
himself the penalty of his crime ; but the question Boas,sh,
this kind ; and was it to be said that they endeavoured
t, shout :l
the
endy be jous thist: fied
crimein s g he l
by ra i
the i n
degradinghihitioe of an execution ? He hims- If had once thought
that the word of God ordained that he who took the life
of another should die by the hand of man. He had
held this opinion for a I m hut
g time,w in
publica casts
e xo' -1
upon sr arching
and exa•nining the recorded word of God as far as
was in his power up•ni the subject, he had, indeed,
found that the Almighty justified man in punishing

SUICIDE OF COL. THORNTON,
CHARGED WITH UTTERING FORGED NOTES.

Police constable George Henry Maekrell, 110 D, was
first called. He saii, he was on duty on Friday night
at the police station in Marylebone-lane. About one
o'clock yesterday morning he was directiel by Sergeant
Brown to go round the cells. On arriving at that one in
which deceased was confined, he saw that a silk hand-
kerchief had been passed through the bars of the little
opening in the cell door, and hitched on to the bolt on the
outside. On opening the door the deceased was found
hanging with the silk handkerchief round his neck, and
quite dead.
Thomas Hooper, police constable 213 D, stated that
he took the deceased into custody at eight o'clock on
Friday evening for endeavouring to pass a forged 51.
Bank of England note at the shop of Mr. Bennett, in
Oxford-street. On his arrival at the station, he said he
could easily account for the possession of the note, and
a person who had received one, residing in Princes-street,
having been sent for, cattle and identified the deceased,
who had purchased some jewellery and given her a forged
note. He was locked up in the cell at nine o'clock. Ile
was then in a perfectly sound stare of mind and quite
sober. He gave his name as Charles Walter Thornton,
of 3, Hartland-terrace, Kentish town.
Mr. Inspector Tedman here produced the property,
which was found on the deceased's person at the
station, and that subsequently found at his residence,
most of which had been proved to have been obtained by
means of forged notes corresponding with that on his per-
son when taken into custody. On his person were
found a forged 51. note (in addition to the one he had at-
tempted to pass with Mr. Bennett), two good 51 notes,
eight sovereigns, one half sovereign, eight half-crowns,
two sixpences, two gold brequet chains and seals, a small
box, containing two purse slid-s and rings, and a bead
purse. There was also a diamond ring on his finger.
At his lodgings, found in a jewel case, were one 101.
note, good, four brooches, five coins, some gold Indian
coins, OIIP, gold eye-class, nine seals, one silver pencil-
case, one silver toothpick. two gold union pins, three
rings, and one eardrop. On these articles being pro-
duced t the coroner, many of the tradesmen present
stepped forward and identified the various articles which
th, y had sold to the deceased and given the change for
the forged Si. notes, and which they also produced.
The testes in question are anything but good imitations,
b'-ing apparently lithographed. They all bore date the
3:1 of March. and were backed by the deceased with the
name "Woodman, Romford„"
Mrs. Mary Thorntou, the widow of the deceased, was
next examined. The unfortunate lady was supported
into tee room by several of her friends and accom-
modated with a chair. She appeared deeply affected.

man .for any great crime, still he found no law which She said she had been married to the deceased siayears.
established the necessity of carrying out the and resided at 3, Hartland terrace, Kentish-town.
vengeance to its full ; and he thought that was a colonel in the East India . Companys service, btt
man should be guided, in these matters, not had only recently returned from Egypt, where she
had
only by the light of his own understanding, but also been with him. She knew nothing of his affairs,. but
by the superior light of Holy Writ. The Chair ' always understood that he was a gentleman of Ind&
man here gave his opinions upon public executions. He pendent property. He was at home all day yesterdq
said that they had the most demoralising effect upon up to five o'clock, when ho went out, saying that he
thousands of our countrymen, for instead of touching s'lould go to billiards. He was then in excellent health
them with horror at the sight, it merely hardened their and spirits. He had never complained of pain in the
hearts to crime, and made them less careful of shedding head, or threatened or attempted to destroy himself-
the blood of their fellow. creatures, The man Connor He was a very temperate man. He had no relatives
had been a witness of the execution of Tapping, and living. They had all died in India. She could not ae.
only a few days after himself committed one of the most count for his possession of the forged notes.
horrible, cold-blooded murders a man could bP, guilty Mr. Thomas Warren, of 3, Commercial-place, Kent"
of. -In the case of Wicks, too, the murderer had seen i,h.town, said he had known deceased for several yes
several executions, and in one instance had even paid About three months ago he returned from EgyPts gnden u
half-a-crown for a place in a window nearly opposite since that time he had resided in Grove street, Cam'
the scaffolding. Indeed be (Alderman Sidney) could town, and his present residence.
state, on very good authority, that, out of sixty-six , There being no further evidence, the Coroner at aorrle_
executions at the Old Bailey, sixty-three of the male- ' length dwelt upon the melancholy circumstances of tP•
factors had witnessed prior executions. At the time case, and explained the law as related to cases of iti"
when Tapping was hanged, he went down to the Old sanity and felo-de-se.
Bailey on purpose to see what effect it had upon The room having been cleared of strangers, the jar):
the populace, and it would be impossible for him to for some time deliberated, and ultimately returned 11,
describe the disgusting and abominable sceres that met verdict, " That the deceased hung himself, bat in Who
his eye, and the profane language which greeted his state of mind he was at the time, there was no evidence
ears. He could not help thinking, that for every public to show."
execution upwards of a thousand human beings were luspector Tedman applied to the Coroner to kn°/.1.
corrupted and hardened. Now, in the case of the un- what he was to do with the property produced, as tn:
fortunate man Tapping, he denied his guilt up to the tradesmen who had been defrauded demanded to int°
last moment. It was the painful duty of the sheriffs to it restored to them.
precede the culprit fr .nn the prison to the place of exe- The ConoNge said, had a warrant been issued aglansS
cution. On this occasion the colleague of Sheriff Sid- the deceased, it would then have been my duty to dabs
ld left the- le T --- -se behalf ;he C- br 't had nal

the property on behalf of the Crown -, out as
he could make no order in the case. The inspector had,
therefore, better represent the subject to the rolice
Commissioners.
The proceedings in this extraordinary case then ter
urinated.

FIRE ON SAFFRON HILL.

70 THE EDITOR OF THE SUN. t
SIR,—T beg that you will contradict the staternel,
under the above head, in your paper of this eveninr
date, that a considerable quantity of stock was oe"
stroyed.
I am happy to state, especially for the information °,f
my numerous connexion, that no fire has occurred
which has in the least damaged any stock upon 0
my preuiises.—l am, Sir, Rm.,
JAMES THOMAS SHAYLE%
Fur Dyer and Furrier,
20, 21, and 22, Little Saffron-hilt
Friday, Aug. 28, 1846.
[The paragraph ri•ferred to was copied from a plorlY
ing paper.—En. Sun.]

MARKET NEWS-(SATURDAY)'
r.tlr T0C.A.132V-IT3.
111[ITHFIIILD.—Old Meadow Hay, 31 53 to 41; IsTew
2/ 5s to 31 14s ; Old Clover, 4/ 5,4 to 5/ 16s ; New ditto 318,
to 51; Oat Straw, 1/ 12s to 1/ 14s; Wheat Straw, 11143 k
1/ 16s per load. Trade dull, at barely late rates
CUMBERIAND.—OId Meadow Hay, 31 8s to. 412 s ; l4/1
ditto, 2/ 8s to 31 15s; Old Clover, 4/ 4s to 5! 15s; New
315 s to 4/ 181; Oat Straw, 1/ 12s to 1/ 14s; Wheat St A'
1/ 14s to 1116 a per load. Supply good, and trade dull.
WRITEmrAPaL.--- Old Meadow Hay, 315 s to 41; Newdid*
2/ 8s to 3/ 164; Old Clover, 4/ 8s to 5/ 18s; New ditto,
318 s to 5/; Oat Straw, 1112 s to 1114 s; Wheat Straw, 11 1,1
to 1116 s per load. A full average supply, and a hell"
demand.

COVENT-GARDN
Pine Apples, 3s to ss; Hothouse GraE
pes, 3s to 4s; •0f•
01.
tugal ditto, is to is 3d per lb; Apples, 33 to 6s per bush
Pears, 4s to 12s per halt sieve; Melons, 2s to 6s eseh;
Peaches and Nectarines, 3s to 8s ; and Figs, 45 per doll::
Filberts, 60s to 758; and Cob Nuts, 80s to 90s per 1001a4.
Encli-h Walnuts, 8s to 104 per 100; Cabbages, 6d to 15 !a.
Cauliflowers, 6s to 12s; and Artichokes, 2s to 4a per dory;
French Beans, Is 6d to 3s per half sieve ; Potatoes, 35 'Mot
6s 64 per cwt ; Turnips 4s to Sa ; Leeks, 2s 3d ; Carr,.
4s to 8s per bunch; Onions, 2s to 38 per dozen bunch ,`,".
Tomatoes, 4s tcqss per half sieve; Mushrooms, is 64 to
and Mulberries, 6d to 10d per pottle ; Small Salads, 2d to
per punnet.
RUNGERPORD. Oat
The supplies of most kinds of produce on offer were g o,
yet the demand was firm, and previous rates were well sti'
ported. •
NEWGATE AND LEADEN 3 ALI.- A of
Prime Beef and Mutton moved off Aeadily, other kieuld;
Meat slowly, at our quotations. Beef, from 2s 64 to 35 6d
Mutton, Ps to 4s ; Lamb, 4s 4d to 5a 4d ; Veal, 35 the
to 4s 6d ; and Pork, 3s 64 to 4s 10d per Blbs, b 7 65;
carcase. Turkey Poults, 3s 6d to 5s 6d ; Geese, 48 to .0s
Ducks, 2s to 2s 6d ; Tame R.tbbits, Is 3d to ls 8d; rige°9,
4d to 84 each • Surrey Fowls, 6s to 9s; ditto Chicks
3s 6d to 4s 6d ; Barn-door Fowls, 3s to 4s per eA 6,1;
Fresh. Butter,, 10d to is 24 per lb. Hares, 2s 6d to 35
Leverets, 33 to 4s 64; and Grouse, Is 9d to 2s 9d each,
' NEWPORT. TON
Beef, from 2s 64 to 3s 64 ; Ilutton, 33 4d to 436d;8d
4s 84 to 5s 6d ; Veal, 38 61 to 4s 6d; and Perk. "Tod,
to 4s 104 per 81bs. A moderate supply and a steady dein
EX L LIN GS GATE. og
Our market was fairly supplied with fish, which moved
steadily at full prices.
WRITECRAPEL. LOIN
Beef from 2s 6d to 3s 44; Mutton, 3s 24 to 45 2d ; to
4s 44 to 5s 4d; Veal, 3s 64 to 4s 44; and Pork, 35

4s 8d per 81135.-
2.E.A..
The prices of Wheaten B33lread inD the metropolis are fry
7id to 8d; of Household ditto, 6(1 to 7d per 41os loaf.
BIDE MARKET. b t°
Market H 60ides, 561 b to 641 b, 3d per lb ; do. 641 _O,
721 b, 3d to lt,fd; do. 721 b to 801 b, 3d to 31,A ; to
to 881 b, 31-Ad to 4d; do. 88Ib to 961 b, 4d to 41/.d ; do. 9va' col
1041 h, 4d to sd; Calf Skins, each, 4s to 6s ;
Hides, 13s; Shearlings, is to 2s; Lamb Skins, 2s to 25

LLOYD'S SHIPPING.
LoxnoN, AUG. 29.—Wind N.E. , fresh breeze, and a°e,"nd
DEAL, AUG. 28.—Wind N.E.—Arrd. from the rivitte-
aid. Neptune, Henderion, Aden; Resource, Teske,
nay ; Devonort, awcet, Quebec. stIS
Ltvg.svoot.p, A F
UG. tWind N.E. Arrd. belifi.•
130ntelli, New. Orleans; Roger ,Sherman, Alexandrill.loo ;
hernia steaiwr, 13..5t0t, left .16th and Halifax I°
, t*
Springfield,.Roy, RichebuctO"; Amelia. Walker, i‘ew-i tont..
land. Sld.Salem, Milford, Mobile; Virgfnia, Trot t,
Ouzel Glilley, Clarke, Quebec ; Ida,ditto. Off port,Washisb'wo
The Chevalier, glanchard, from Mobile to this Port4o e%.
wrecked on Sand Island 23d. ult. ; greater part of elsllBll'
pected to be saved ;part damaged. The Howard, 00c1
from Liverpool to Savannah, was stranded off IST2g,'S
30th ult ; crew and part of cargo saved. The Empire, "6viess
bound to Liverpool, was wrecked on Carysfort Reef Pre yea,
to the 29th ultlj great part of cargo effected to be ?itx,
The Atalanta, Langton, from St. John's, New Brunswic dis'
id N.
London, went on shore Bth inst.; is waterlogged - a -Teo -
eha,ging. The Mary CaMpbell, Berger, from St. " hare'
New Brunswick, to Liverpool, put back after being on lola
INVERKEITHING, AUGUST 26.—The Rosebud, bell ;eh'
Hamburgh, got on the Ox Car rocks near the Wand f'—
come this morning. 81114'
HULL, AUGUST 27.—The Petrus, Nordstrom, from,. oat'
•evull, arrd. at Grimsby, got aground entrance of t!';',31)16
fall, laid on her beam-ends, and has sustained couslue"
damage. Job°.sl
Hum, AUG. 28.—S1d. 27th, Aurora, Hunter, St.
New Brunswick. - .euf
LIVERPOOL, AuG.2B.—The Main, schooner, of C°P;4iser'
was run foul of on the 16th instant by the Hibernia ste
from Boston ; five of the crew saved. Vitb'
HARWICH, AUG. 28.—The Elizabeth, of and for4oa'
from London, was run into by the Cosmopolite, Scott, °f 'l4O
derland, and lost bowsprit, gic. ; the latter lost, jibboottif

On Saturday, during the early part of the day. In-
spector 'adman, of the D division, entered the Mary-
lebone police-court, and communicatitl to the magistrate
thi- fact of a rirismer having committed suicide in the
station-house of that district. It appeared that a person,
~,ho gave his name and address •` Charles Walter
Thirrnton. 3, Ilartland-terrace, Kentish Town," was
taken into charge for having offered at the shop of Mr.
Bennett, watchmaker, of Oxford-street, a 51. note, sup-
pos•-d to be a forged one. Inquiries were at the same
time made, and Mr•. Harding, ji weller, of Holles-street.
Cavetidi,h-square, and Mr. Bishop, bootmaker, of Con-
naught .terrace, identified the prisoner as having passed
101. a❑d 51. forged notes upon them. Two other similar
charges were established, and these were found to form
portions of an extensive system of fraud which has been
for some time in practice. On the prisoner being
searched when he was taken into custody, a forged Si. note
and two genuine Si. Bank of England notes were four d
upon him, sad 91. in gold. At his lodgings a quantity
of valuable jewellery was discovered.. Shortly before
one in the mornnig. on a police constable entering the
cell, he was found quite dead, having strangled himself
with his pocket-handkerchief. The deceased was about
forty years of age, and had at one time held a com-
mission in the East Indian army.
On Saturday an inquest wss held on the body at two
o'clock, before Mr. Wakley, M.P., at the Kirylebone
workhouse.

-
AUGMENTATION OF CLERKS' SALARIES IN T.-- 01.-,
CISE DEPA R'FN.IENT.—We hear that a considerable ,e5Ol
f,raduated advance has recently taken place in the saltr:soce
the clerks in the Excise department, the minimum ad off
being 501. per annum. The duties of the clerks areooibiB
heavy at the present time, and although every P his
economy has been introduced, and where practict'oodi
reduction, by Mr. John Wood, the Chairman of the ,bcrf
the present augmentation is considered as a proof that
is no disposition on the part of the Commissioners that
subordinates of the establishment shall be underpa'Autie to
their labour. The merit of the proposition, we hear, ja c4'
the newly appointed solicitor, Dr. Bateman, whose lonffilde,
perience in the office of chief clerk has enabled him to act °,
of the time and attention required. This spontaneous ;le"
liberality on his part was so little expected, that on11:140
days before it came into operation one of the Partiead- pfd
would have received the benefit applied for and obtaia`c,oiee
mission to be placed on the retired list at the then e%,,.
iii
rate of salary, which would in a short time have bel"
creased in the manner described.
n fri(l2
COMMISSION OF LUNACY.--•-SECOND
the inquiry into the state of mind of Mrs. Charlotte atO.:
brook was continued, before Francis Barton, Esq.+ failM"
Eyre Arms Tavern, St. John's Wood. The evideneeive,
was that of Dr. Southey,, who had examined M 001,03;
brook by order of the Lord Chancellor, Dr. Monro,
nolly, Dr. Barnes, and Mr. Bryant, all of whom decla_'l,lo,e:
unfortunate lady to be of unsound mind, and incOrotro
taking care of herself and property. In cross-exa° whits.
they admitted that there was no striking delusion bYt,
they came to that conclusion, but, from the whole fa c Trd
had been adduced, she appeared not to be a free ageeld 01030
line of demarcation, Dr. Sout!,ey said, between a B°4o ;0
unsound mind was so difficult to make out, that it We' bat,i'e
impossible to say whether a r erson was sane or fl 'en
the present case he thought Mrs. Westbrook was herd
wrong side of the line. Mr. Petersdorff addressed t'oiar
at great length on behalf of Mrs. Westbrook, cuated.l4
that the evidence had failed in making out she wa3,4010.
sound mind. The Learned Commissioner having A": eitj
up, the jury retired to consider their verdict ,• ae"14413i0
being absent for a short time returned a verdict--d st!n,
Charlotte Westbrook was in an imbecile and unseuhrier fr
of mind, and incapable of taking care of herself er.L.;46:. 0
pertv, and had been so from the 31st of December, i',7eqr,
gr. Johil R. L. Walmnslev (the solicitor to the Ay
Sewage Chemical Manure Company) accomptPie witb
William Higgs (the patentee), had an intervieW ,e spP,O
Lord Mayor yesterds' morning, on the subject of tuk etad
cation of the plan in the metropolis. His LordshiP
interest in the subject, and was pleased to expre'-
favou-able opinion of the measure.

BIRTHS. Cl/13tiliii
On the 25th inst., in Eaton-place, the lady of
Gladstone. RN., M.P., of a daughter. DP
On the sth inst., Mrs. W. Raimondi, of a eon* ger.
On the 25th inst., at Hampstead, the wife of the
liend
Saunders, of Charter House, of a daughter, A of
On the 26th inst., at Walthamstow, the lady
toll'e
Green, Esq , of a son. of Ws
On, the 26th inst., at Southampton, the wife
Saunders, Esq., of a daughter. O
MARRIED. A sel . - el
On the 25th inst., at Maperton, the Rev. Edsoiruf Co
1013
Dickenson, to Mary Dorothea, youngest daughter °
Fitz-Gerald, of Maperton House, Somerset.
it
DIED. ,43tre 4
lir AO Ato t
On the 21st inst., at his residence, 249 .."4- Sge`. 6
Cavendish-square Doctor William Hamilton Nittoe, of th
'I Lieutenant of the East Kent Militia, and only 90° •0$ I/
leo
late Captain William Kittoe, of the Royal NaVY, 0
widow and a large family to deplore his loss. , xf op°
On the 24th inst., at Everton, near Liverpool, '—
of Samuel Staniforth, Esq. stewd, 1161
On the 25th inst., at Marlowes, Hemel HemP, Arsefe
Elizabeth, relict of the late Mr. Job Woodman, 0' "
• of
Herts. nek, 944
On the 25th inst., Elizabeth, wife of S. 11101—
_.......!--
Park-place. Chelsea, aged 70.

111'
141'000
London: Printed and Published by MITBDO YOUTTa....°
Printer, at The Sun Office, 16 .11 2. Strand• IR I'. i
of the Savoy, at County of 7111441.04 BLOW°
31, 1846.