The Sun.
London, England, 1848-08-02 00:00:00

sent that in the tone and tenor of his observations he ! house. In a minute or two he came out, bringing with
entirely concurred.--(Hear, hear.) He believed that 'elm a poker, with which he ran at. the prosecutor,
the bishops and clergy would have no hesitation in and struck him a blow over the left eye. The injury
making returns of their incomes should such returns be inflicted was very severe; it being the opinion of the sur-
deemed necessary for the public good; and, indeed, a goon that probably the sight was entirely destroyed.
proof of their promptitude had been given in 1833, For the prisoner a witness was called, who stated that
when a requisition of that nature was at once complied the prosecutor, when he first went to the prisoner's, at-
with. But in this case it was not the incomes of the tacked him and threw him down; and when he came the
bishops and clergy which alone were required.—(Hear, second time with the other men he endeavoured to force
near.) The lessees would be called upon to state the his way into the prisoner's house, and that the injury
incomes they derived from Church property, and then was inflicted in the course of a scuffle which then took
they would find a difficulty which must be treated place.
with all delicacy and caution.—(Hear, hear.) The The jury found the prisoner Guilty, under circum-
Honourable and Learned Member for Cockermouth had stances of strong provocation; and
spoken of the miserable incomes of some of the clergy, The Learned JUDGE sentenced him to six months'
and had given it as his opinion that no clergyman should imprisonment with hard labour.
have less than 3001. a year. He (Mr. Goulburn) did (Before Mr. Justice PATTESON.)
not consider the state of existing benefices of so much Joseph North, Thomas Innocent; Thomas Dunnicliffe,
importance as the means of providing new ones, so as to and William Newham, were indicted for a riot, on the
meet the wants of a rapidly increasing population. He 30th of June last, at Melton Mowbray. The first and
admitted with the lion. and Learned Member that non- third counts charged them with riotously playing at foot-
residence was an evil, but it was one which had been ball, and the second with riotously assembling together
greatly abated during the last few years. From returns and committing a breach of the public peace.
furnished in 1835, it appeared that out of 10,571 benefices, Mr. Mellor and Mr. Vaughan conducted the prosecii-
the number then existing in England, 6,792 were resident, Lion a Mr. Macaulay defended Newham, and Mr. Flood
and 3,779 non-resident. The latest return was that of the other three.
1844, which showed that while the number of benefices The occurrence happened in a field called the Play
bad increased to 11,127, the number of non-residents Close, the property of Lord Melbourne, across which
was only 2,800. Since that time, from the steps which had there was a public footway, and wherein the people had
been taken by the Ecclesiastical Commissioners toprovide immemorially been accustomed to play games and enjoy
residences, it might fairly be presumed that the number other recreation. It seemed that on one side of this
of non-residents had further diminished. But he had no close some cottages and outhouses had been built, which
wish to confine their exertions to what had already been the prisoner and others had deemed to be an infringe-
done, and therefore should cheerfully concur in any ment of their rights, and on •the 30th of June they as'.
measure calculated to increase the efficiency of the sembled to the number of two hundred, made a great up-
Church, and he trusted it would be done in a manner roar, and began playing at football, as alleged, merely as
calculated to carry with it the co-operation of the reli- a pretence for creating the riot in question. Newham
gious portion of the community. That the Church pro- kicked the football into a certain place of convenience,
perty had not been managed in the best possible manner and he and the three other defendants followed it, and
was a fact that could not be denied, but still that was a amid the shouting and cheering of the mob pulled
fate which it only shared in common with property down the place and damaged the wall of one of the
managed by lay incorporations. He believed that even cottages.
without the interference of Parliament great exertions The jury, after some deliberation, returned a verdict
would be made by those interested in the religious in- of Not Guilty.
struction of the people to put it on a better footing; and, The trial excited a good deal of interest, the distur-
moreover, that any reasonable proposition would meet bances at the place in question having been frequent, and
with universal concurrence amongst the bishops and threatening letters received.
clergy of the Established Church. Elizabeth Chaplin, aged 30, pleaded guilty to an in-
Lord J.RUSSELL asked whether the Honourable and dictment charging her with having on the 2d of May
Learned Member for Cockermouth would not withdraw last, at Kegworth, endeavoured to conceal the birth of
his motion. a bastard child, and was sentenced to be imprisoned and
Mr. HORSMAN was quite in the hands of the House- kept to hard labour for six calendar months.
He was quite prepared to place full reliance on the as- This concluded the business of these assizes, at half-
surance of the Noble Lord, but at the same time he past six o'clock.
thought it right to state that he had brought the subject
forward on various occasions, and had always been met
with the same answer, namely, that there was some dif-
ficulty in the way, hut that the subject would be taken
into consideration. He felt the question to be so important
that he could not express too forcibly his hope that
during the recess no opportunity would be lost of en-
forcing upon those interested the necessity of obeying the
general opinion of that House and of the country.—
(Ilear, hear.) When the House met next year, his first
duty on the first night of the session would be to ask the
Noble Lord what they were to expect as the results of
the recess. He trusted that the result would be a mea-
sure as comprehensive as the occasion required, and he
telt that in passing it the Noble Lord would have the full
concurrence of the House.—(Hear, hear.) He must say
that he had not been convinced by the reasoning of the
Noble Lord. He could not believe that any bishop
would refuse his consent to the inquiry proposed, the
more especially as at present they required it from the
lessees on their application to renew their leases. The
lion. and Learned Member in conclusion consented to
withdraw his motion.
Mr. FREWEN had remained in the House for the
purpose of recording his vote in favour of the motion of
the Hon. and Learned Member for Cockermouth. With
respect to pluralities, of which a great deal had been
said, he could not help wishing that the Archbishop of
Canterbury would take the course which some years
since had been adopted by the Primate of Ireland,
namely, that of refusing to grant to any clergyman a
dispensation to hold more than one benefice.
Motion by leave withdrawn.
CASE OF THE SHRAPNELL FAMILY.
Mr. URQUHART being called on, said that, in the
absence of the Secretary to the Board of Ordnance, he
would postpone his motion relative to the claims of the
above family on account of the invention of the late
General Shrapnel' until the next supply night.
Lord JOHN RUSSELL hoped, looking at the state of
public business, that the lion. Member would fix his
motion for a notice night.
Mr. URQUHART could have disposed of his motion
in five minutes had the Secretary of the Board of Ord-
nance been present. He must persist in fixing it for
he Committee of Supply.
Motion postponed until the first supply night.
The House adjourned at a Quarter to Nine o'clock.

WESTERN CIRCUIT.7-Bodmin, July 31.

The Devon, assizes terminated on Friday afternoon.
The last cause was an action brought by the assignees
of the Honiton Bank against one of the customers of
that bank for balanee of an account. The matter ex-
tended over a period of many years, and to the extent
of upwards of 100,000/. Mr. Butt, in opening the plain-
tiff's case to the jury, stated that, in general, juries were
told that a case would last some hours, but in the pre-
sent instance he was sorry to inform them they would be
detained at least ten days, and then they would be paid
Bd. for their attendance. The instantaneous effect pro-.
duced on the jury by this announcement was perfectly
ludicrous. One of them jumped up and stated that he
had come into the box, understanding that the cause was
a short one, but that he was exceedingly unwell, and he
entreated the Court to excuse him. After some time the
counsel consented to try the case with eleven jurors, and
that fortunate man was permitted to leave the box. The
jury were then told that they must take pen, ink. and
paper, and put down the different cheques that would be
produced in evidence, most of which were under 201., and
when the cause was over they must add them up, and
then go into a minute calculation of interest. This seemed
completely to upset the jury. The foreman rose, and,
amidst roars of laughter, by his gestures appeared to be
imploring the judge to allow him to retire. The judge
was almost convulsed. At length, when silence was in
some degree restored, the foreman begged to go home.
This, however, he was told was impossible, and the cause
proceeded till three o'clock, when the parties came to an
arrangement, and the jury were told that they were dis-
charged, and that the country was indebted to them for
their services. We may here state that upon one occa-
sion during the assizes, a juryman observed to the judge
that he and some of his fellows had been serving for
some days, and he hoped they might be allowed to go
home.

Mr. Justi2e COLERIDGE replied, that he wished he
could grant the request, but it was impossible; he knew
how hard it was upon the jurors. In his opinion the
jury should be selected from a different class of men.
It was a mistake to suppose that because persons had
been summoned as special jurymen they were therefore
exempt from serving on common juries. He was glad
to find that in Devonshire the juries had now been se-
lected from a superior class of persons.
The Learned Judge had given a similar opinion on a
former occasion. It appears to be the practice to sum-
mon persons of what may be termed " low degree " as
jurymen, while the rich and well educated are scarcely
ever troubled, and then they receive a guinea tor per-
forming a duty for which the other men get only
eight-pence in the Nisi Prius Court, and nothing in the
Crown.

PARLIAMENTARY DIVISIONS

HOUSE OF LORDS, JULY 31.
INCUMBERED ESTATES (IRELAND) BILL.

THE COMMONS' AMENDMENTS.
CONTENE
MAJORITY PRESENT, 28.
Wicklow Beaumont
Strafford Saye and Sele
Devon Campbell
Morley Camoyc
Spencer Cotteuham
Forteseua . Foley
Miuto Elphinstone
Shaftesbury Langdale
Waldegrave Sudeley
Wrotteeley
Eddisbury

The commission was opened on Saturday at Bodmin.
The High Sheriff met the Judges at. the entrance of the
town; but he did not pay them the respect to which they
are accustomed. Instead of four horses to his carriage

DuKk.
Norfolk

Disaguxsits.
Lansdowne
Ileadiort
Clanricarde

he had but a pair of very small ones, put to an immensely
Mite carriage, cutting a most miserable appearance. The
. .

calendar for this county is heavy in p6iiit of number,
there being 45 prisoners for trial; the offences, however,

EARLI.
Auckland
Granville
Grey

are light.

There are 10 cases in the cause list. The

BARONS.
Byron

Judges attended Divine service yesterday. This morn-
ing Mr. Justice Coleridge took his seat in the Crown
Court, and Mr. Justice Williams sat at Nisi Prius.

NON-CONTENT.
MINORITY PRESENT, 10.
➢Lountcashell BARONS.
Glengall Stanley

NORTHERN CIRCUIT.—Durham, July 31.

EARLS.
Warwick

The assizes for this county commenced this morning,
Mr. Justice Erie presiding at Nisi Prius, and Mr.
Justice Cresswell in the Crown Court.
The cause list contains 17 causes, of which two are
special juries—viz., " Nicholson v. Attwood" and " Hodg-
son v. Smith."

... _
Malmesbory Redesaale
Ellenborough VISCOUNT. Monteagle
Egllnton Ilawarden

PAIRS.

Earl of CamperdoWn
Earl of Sefton
Lord Poltimore
Earl of Zetland
Lord Cremorne
Earl of Scarborough
Earl Fitzhardinge
Earl of Effingham
Lord Liltord
Lord Bateman
Viscount Clifden
Earl of Charlemont
Lord Stafford
Bishop of Norwich
Earl Veralam
Earl Radnor
Lord Ilatherton
Bishop of Manchester
Bishop of Hef eford
Bishop of Durham
Lord Colborne
Lord Milford

Earl of Orkney
Lord Feversham
Lord Bolton
Duke of Richmond
Lord De Ros
Lord De Freyno
Earl of Munster
Earl of Cardigan
Lord Wynford
Earl Poulett
Lord Forester
Viscount Canterbury
Marquis of Ely
Earl Digby
Earl of Harrowby
Lord Downes
Lord Ternplemore
Lord Colchester
Lord Sondes
Lord Doneraile
Marquis of Salisbury
Duke of Cleveland

The Crown calendar is somewhat heavy, and contains
the names of 54 persons to be tried. Some of these are
for ordinary larcenies; but there is one for murder, two
for manslaughter, one for rape, one for an attempt to
commit same offence, one for concealing the birth of a
child, two for offences against the coin of the realm, 13
foriburglary, five for felonioUsly wounding, one for arson,,
one for bigamy, four for stealing from the person, and
one for sheep-stealing.
CROWN COURT.—(Before Mr. Justice CRESSwELL.)

Joseph Beaney, aged 22, was charged with having, on
the 26th instant, at Chester-le-street, feloniously killed
and slain John Burn.

Mr. Fenwiek appeared for the prosecution, and Mr.
Matthews for the prisoner. _ _

It appeared that the prisoner and deceased, together
with three or four other men, were assembled together
at a public-house called the Mill•house, on Black Fell.
One of the party, named Thornton, had been married the
day before, and was giving them a treat. Words arose
between deceased and the prisoner, in consequence of the
former having uttered an expression against the charac-
ter of the' mother of the latter, and those words led to a
fight between the two men, in which four rounds tools
place, and which resulted in the death of Burn, who was
severely struck and cut about the head and face, and
who expired almost immediately at the close of the fourth
round. The men had gone out for the purpose of fight-
ing, but the Learned Counsel for the prosecution stated
that it was a fair stand-up fight, no foul play having been
resorted to by the prisoner.
Mr. Robert Davis, the surgeon called in, gave his
opinion that Burn had died of concussion of the brain,
and that that had been produced by the blows observ-
able, and received in the fight.'
Under these circumstances, as the cause of death could
not be disputed, and that it evidently arose in the con-
test above described, Mr. Matthews declined addressing
the jury,' who were directed by the Learned Judge that
if they credited the evidence, there could be no doubt
as to the offence charged having been committed.

ASSIZE INTELLIGENCE.
NORFOLK ClRCUlT.—lpswich, August 1

The commission for this county, the last on the cir-
cuit, was opened yesterday afternoon, and their Lord-
ships took their seats to-day at twelve o'clock. The
cause list presented an unusually heavy entry, embrac-
ing 22 causes, of which nine are for trial by special
juries. It is stated that in some of these a " special
counsel" is retained, but the name of the " illustrious
stranger" has not yet been accurately ascertained. The
calendar contains the names of 37 prisoners, one of
whom is charged with murder, by poisoning her illegi-
timate child. Beyond this case, and two charges of arson,
there is not any of particular interest, except the follow-
ing, which, from the magnitude of the booty, may be
deemed worthy of notice.
Samuel Layton, aged 22, and John Layton, aged 28,
were charged with stealing forty sheep and three lambs,
the property of Joseph Eaton Hall, of Hawkedon.
Mr. PRENDERGAST conducted the case for the prose-
cution, and proved that the prisoners, being brothers,
and living at Bury St. Edmund's, were seen, on the
night of the 18th of last month, " striding" along the
road towards the field in which the prosecutor had
folded a very large fleck of sheep and lambs. In the
course of the same night the prisoners were seen re-
turning towards Ipswich, driving a flock of sheep along
the road, and on the following day the prosecutor counted
his flock, and missed no fewer than forty sheep and three
lambs, and information having been given of the pro-
ceedings of the prisoners, they and their flock, excepting
one sheep and three lambs, were traced to the East
Isham fair, where they sold 39 sheep, one of which was
clearly identified as the property of the prosecutor. As
to the one sheep and three lambs, they were discovered
to have been sold by the prisoners and taken to Bury,
but neither of that number was identified.
The prisoners, when called on for their defence,
stated that they had been employed to drive them for a
man; but that story did not gain much credit with the
jury, who at once found them both Guilty.
His LORDSHIP, having enlarged on the effrontery of
their conduct, sentenced both the prisoners to be trans-
ported for ten years.

Verdict—Guilty. -
His LORDSHIP, in passing sentence, told the prisoner
that, although the Jaw would make allowances for the
weakness of a man's nature, and there appeared to have
been some provocation in the language used hy deceased,
still it was unlawful for two men thus to engage in a
deliberate fight; and although ho (the prisoner) had
acted upon this occasion without malice, his act was
wilful and criminal. His Lordship trusted the punish-
ment ho should award would be sufficient as a warning
to the prisoner himself for his future conduct, and that
there might, under the extenuating circumstances, be a
sufficient example made by the sentence of fourteen days'
imprisonment, with hard labour.
William Gilroy, aged 17, was indicted for having, at
Dalton-le-Dale, on the sth of April last, feloniously killed
and slain VV. Graham.
Mr. WARREN, counsel for the prosecution, stated that
this was a case very similar in its nature to the one above
reported. The prisoner and deceased were both pitmen
at Merton Colliery, and it appeared that deceased having
repeatedly challenged prisoner to fight him, a combat at
length took place on the evening of the day mentioned,
in a field near the pit. The death, as stated by Mr. A.
WGregor, surgeon, was occasioned by blows received in
that fight, they having produced effusion of blood on the
brain. :
_ _

cMlDLANDod‘ovfNhcaocypiCOUßT—(Before
haring,
Ro
TCn
person_i CIRCUIT.—Leicester,
(h?BCe
oeU2ffo6/ r
t 7 leh oi frL education,
je
Justicez 'ucn sae fg el
era,ds
ptJ2: /y 31.
v Georgeßt e
uttered and put off to one John Kirk a forgAe7;lTwooErandssi:ecrmuos'on)lyn-
reques.t for the delivery of 21b. weight of quicksilver,
with intent to defraud one Jonathan Hodgson and
another. A previous conviction for felony against him
was read, and there were two other indictments for utter-
ing other forged orders for the delivery of goods in the
same name within two days of the uttering for which. he
was tried. He was sentenced to be transported for the
term of twelve years.
Charlotte Needham pleaded guilty to a charge of steal-
ing a halt-crown, the property of Ann Batson, and was
sentenced to imprisonment with hard labour for two
calendar months.
(Before Lord Chief-Justice DpufAx.)
John Clarke was indicted for maliciously wounding
John Smith, with intent to do him grievous bodily harm.
Mr. Simpson prosecuted, and Mr. Bittleston defended
the prisoner.
On the part of the prosecution, it was roved that on
the evening. of the 12th of June the prisoner and the
prosecutor, with several other persons, were assembled
at a public-house at Syston, and that a quarrel arose
between the prisoner and the prosecutor, in the course
of4whieh the prosecutor having pushed the prisoner
aside received from him a blow over the left eye.
The prisoner then ran away to his own house, which
was a few yards off, and the prosecutor almost im-
mediately followed him. On 'reaching the prisoner's
house, the prosecutor stated that the prisoner pre-
sented a gun at him, and that being aireid that the
prisoner intended to shoot him, he went beck to
the public-house and got two other men to accom-
pany him to the prisoners. On their return they
!ftw the prisoner in his own yard with a crutch
,
his hand, which he immediately took into the

MATTHEWS, for the prisoner, left the case in the
hands of the Court.

-The prisoner was found Guilty, and sentenced to 14
days' imprisonment, with hard labour.

POLICE INTELLIGENCE.
MARLBOROUGH-STREET.
BEGGING-PETITION IMPOSTORS.-- Charles Smith, alias
Standen. alias Williams, alias Mackenzie, alias Anderson,
Henry Baker, aliaS Dublin Barry, alias Jennings, and
William Jolorson, alias Beeton, alias Dean, were brought
before Mr. Bingham, charged with having obtained, or
attempted to obtain, by various false and fraudulent pre-
tences, charitable subscriptions from tho benevolent.
The apprehension of the three prisoners occurred in
consequence of a cortimunication made last week to the
Mendicity Society's Office by Sir H. Meux, that he had
been defrauded of 10/. by a person who had subsequently
turned Out to be an' impostor.
Charles Smith was first placed at the bar.
William Horsford . said, in consequence of Sir H.
Menx's communication, he saw Sir Henry on Sunday, at
his residence in Brook-street, and yesterday he went to
Sir Henry's house, and waited according to arrangement.
He was sent for into the drawing-room, and there he
found Smith, who was an old acquaintance, and he took
him into custody:
'Sir Henry Meux said the prisoner called at his house
in Brook-street that morning, and mentioned the name
of Latimer, stating that he called for 'one guinea, his (Sir
Henry Meux's) yearly subscription to the National
School. He told the prisoner it was no use calling on
turn for the money, 'sale believed he had already paid

..J~~ r..