The Sun.
London, England, 1848-09-28 00:00:00

THE SUN, LONAION, THURSDAY EVENING, SEPTEMBER 28, 1848.

LAW INTELLIGENCE.
COURT OF BANKRUPTCY, Sept. 27.
(Before Mr. Commissioner HoLnorp.)
IN RE W. WEST.

This was a second dividend meeting. The bankrupt
was a linendraper, and was supported by Mr. Duncan in
his claim of per tentage out of the estate.
Mr. Cooke attended on behalf of Messr;. Roberts,
Davies, and Co., bankers, of Shoreditch, to prove for up-
wards of 4001.

It appeared that in February, 1848, there was a divi-
dend meeting called, and Messrs. Davies were in attend-
ance to prove. They held a lease as security for a sum
of 3001., which they gave up, but as they held further
security, it was requested that they should sell the pro-
perty so held, and prove for the balance, and that they
would not be at all damnified, as there was a bill of
1,1001. coming due, out of which Messrs. Davies would
receive a dividend.

Mr. COOKE said that a very extraordinary course had
been pursued in this case ; the bill had been discounted
by the acceptor, and as there were now no funds in
court, the question was as to whether the official as•
signee or the solicitor to the fiat should make good the
money ? _ _

Several witnesses having been called, and subjected to
a brief examination, which, however, possessed no fea-
ture of public interest, and
Mr. Cooke and Mr. Archibald heard pro and con.,
His HONOUR deferred giving judgment fora short
period.

Thoother cases set down for hearing were not worth
mentioning.

INSOLVENT DEBTORS' COURT, Sept. 27.
(Before the CHIEF CO➢IMISSIONER.)
IN RE RAMSDEN THE YOUNGER.

This insolvent, who had been in partnership with a
person named Dennett, as colour-makers, was opposed
by a creditor named Meredith, and supported by Mr.
Nichols.

Mr. Meredith, who was a creditor for 51., hoped the
Court would not allow its proceedings to nullify the
Whitechapel County Court. He showed that he had
obtained a commitment summons, and the insolvent then
applied to this Court to be discharged.
Mr. IslicuoLs remarked that the insolvent was a
prisoner, having been arrested by a hostile creditor.
There was a material difference in cases under the old
jurisdiction, and when they were presented under the
Protection Acts.

His HONOUR said he had great objections to thwart
the proceedings of a County Court, but as no instalment
was actually due when the petition was filed, the insol-
vent might be discharged.
Discharged accordingly.

lice until that time. He was taken into custody with
the others, and had a loaded pistol in his pocket at the
time. He had a pike-bead a short time before, but he
gave it to Conway to take care of, and it was found upon
him when he was taken. He bought the pike-head and
carried it about with him, in order that he might not he
suspected by his companions. Witness was not exa-
mined before a magistrate or before the grand jury, and
the prisoners had no means of knowing what evidence
he was to give.
Henry Jones, a police-constable, deposed that about
holf-past four o'clock in the morning of the 17th August
he made a search in Clerkenwell Churchyard, and found
a basket containing 280 perfect ball cartridges, and
about fifty in an unfinished state.
Cross-examined—He did not expect to find this basket
when he commenced the search. It was quite by acci-
dent.

Evidence was then adduced to show, that about eight
o'clock in the evening of the IGth of August, a number
of persons were seen to leave the beer-shop in Should-
ham-street, some of them being armed, and some were
heard to tell others to " come themselves and to bring
as many of their friends with them as they could."
Thomas Hoyle, a police-constable, deposed that on the
night of the 16th of August, a great number of persons
having the appearance of Irish labourers and engineers,
who were strangers in the neighbourhood, assembled in
the Seven-dials, and in consequence of their proceedings,
he gave information at the police-station.
Inspector Black deposed that about ten o'clock he went
with a body of
.police to the Seven-dials, and found
about a hundred and fifty persons assembled. They were
mostly strangers to the neighbourhood. Witness dispersed
them, and remained upon the spot with his men until
one o'clock the next morning.
Mr. Warrington, an operative chemist, explained the
nature of the recipes found at Rose's lodgings, and he
described one of them as being calculated to ignite spon-
taneously after a short time, and according to the quan-
tity of water used in its composition, and another was a
very powerful combustible, but which would require to
be ignited before it would act.
Mr. Randell then gave evidence as to the composition
of the fire-balls; and this closed the case for the prose-
cution. _ _ _

-Mr. BALLANTINE addressed the Court, and said he
should have been prepared to go on with the defence
upon the original facts, but after the additional evidence
that had been adduced, be felt that he must ask the in •
dulgence of the Court to allow time to consider the effect
of that additional testimony.
Mr. Baron PLATT acceded to the application, and at a
quarter to six o'clock the trial was again adjourned.

POLICE INTELLIGENCE.
MANSION-HOUSE.

James Jennings Smith, first engineer, and Alexan-
der Reid, second engineer of the Lion steam-vessel,
trading between London and Friesland, John James,
David Gillies, James Payne, John Kelly, Robt. Bar-
clay, Edward Sorrill, and John .IlP.Donald, firemen
and trimmers in the same vossel, were brought before
the Lord Mayor, upon the charge of having pirati-
cally endeavoured, on the 16th of September, to make
a revolt on board, upon the high seas, within the
jurisdiction of the Admiralty, they being of tho crew
of the vessel.

Mr. Pelham appeared for the prosecutors ; Messrs.
Robinson, the owners; and Mr. Smith appeared for
all the prisoners.
Mr. Smith, at the commencement of the proceed-
ings, stated that the first engineer had applied to
institute proceedings against the captain of the vessel,
but not having his evidence at hand, a delay had
necessarily taken place, and in the interim he had
been taken into custody upon the extraordinary charge
upon which so many of the persons employed were
brought forward.
Mr. Pelham said the motive of the first engineer
was evident enough, as he well knew the nature of
the accusation which he must himself answer upon
the representation of the captain.
Mr. Smith then objected to the jurisdiction of the
Lord Mayor in a case in which an offence alleged to
have been committed on the high seas was to be
adjudicated upon.
The LORD MAYOR overruled the objection, upon
the ground that the Central Criminal Court Bill
established his jurisdiction in matters of criminal
investigation.
Mr. Pelham stated that he appeared upon the part
of Messrs. Robinson, under the 9th section of the
11th and 12th of Wm. 111., to prosecute the prisoners
for the commission of an offence of a most serious
nature, especially in the consequences it was calcu-
lated to inflict upon merchants and traders. He then
gave an outline of the case, which the following
evidence fully discloses :
Captain H. W. Neville said—l am thes master of
the Lion steam-ship, trading between London and
Friesland, in Holland. I quitted London for a voyage
to Friesland on the 13th of September, taking with
me, as part of the crew, the whole of the prisoners at
the bar. They each of them possessed a registered
ticket, and I received them in due course, and placed
their names on the muster-roll. We arrived at Har-
lingen on Thursday morning, the day after we left
the Port, and took on board a general cargo of
butter, cheese, flax, corn, and oil, and also live stock,
consisting of 700 or $OO oxen, calves, and sheep, and
we were to be ready on the 16th, at half-past nine
o'clock, to return. The fires were lit some time
previous. About eight o'clock I observed a quantity
of poultry brought on board, in baskets, by the
firemen, and upon inquiring whose they were,
was answered that they belonged to Smith,
the first engineer. I after wards saw more
brought on board, and was told they belonged
to the same person, and told them to keep them
on shore, as I could not allow them to be on
board. A few minutes afterwards I observed Smith
come from the shore over the paddle-box. He held
up his fist to me, and said, " You won't let my fowls
come on board, won't you ?" I told him I would not
allow it, there were too many. He then said, "You
thing, I'll pay the freight for them." I then
said, they shall not come on board at all. He said,
clapping his hands, " Now I've got you, you
I'll learn you a trick. I'll learn you, and you, Mr.
Robinson, a trick. I'll stop the ship. This is what
I intended. I've been scheming this for you." He
then called to the firemen below, "Rake the fires out,
you —, rake the fires out." I then said to him,
" Come here, don't make a fool of yourself, and do
that which you'll be sorry for hereafter." He refused
to hear me, and he ran off the paddle bridge,
ordering the firemen again to rake the fires
out, and to bring the poultry ashore along with
them. After giving directions to the chief mate I
went ashore, and sent for the agent of the ship, that
he might expostulate with Smith and the firemen.
When I told him what took place, he sent for Mr.
Hunter, a merchant in the place, who took Smith
along the pier to talk with him, and came on board,
after having walked nearly an hour with him. I then
sent for the Consul, the prisoners having all gone
ashore except M'Donald ; and I sent the mate to tell
them all, in the presence of the Consul, to come aft
to the cabin, and when they came, I asked them, one
by one, if they intended to resume their duty. Smith
told the rest not to say anything, as the -- would
only catch them. I then asked the firemen and trim-
mers and the second engineers if they would not do
their duty, and obey my orders in getting steam ?
All, except M'Donald, and a man named Rayner,
who is not here, said, "No, they would not, unless
Smith did?' Smith was present at the time. I then
went with the Consul, and delivered to him the regis-
tered tickets of all the men, and they all went ashore
except M'Donald, who went ashore an hour afterwards.
T wo of them came back several times to endeavour to get
Rayner to go; but he said he would do his duty. After
some time the Consul and Mr. Harmer came on
board, and said that Smith and the rest would return
to the vessel. (Here the witness detailed the parti-
culars of another interview, at which, upon being
again urged to return, Smith said, "No, take the
ship to Louden yourselves ; revenge I mean to have.")
Witness continued—They then came down close to
the ship, and as I appeared on deck Smith called out,
" You Captain Neville, where is your Mr.
Robinson now ? Why not take the ship away ?"
And that sort of abuse was continued during the
whole of the afternoon as I passed from the ship to
the shore. I omitted to state at the commencement
that Smith said, shaking his fist at me, "Now write
to Robinson what a rogue of a captain and an
agent they have got, and that he would learn Mr.
Robinson whether he (Robinson) was to treat him
like a dog." On the Saturday following, while
I was standing alongside of the ship, he came up
shaking his fist in my face, and said, " You —,
I'll fight you." I said, " No, that you won't,
I know," upon which he called me a
cur. After detailing the particulars of another
ineffectual effort to induce Smith to return to his
duty, the witness stated, that instead of leaving Har-
lingen on Saturday, the 16th, in the morning, he was
detained until Tuesday, the 19th, at noon, in conse-
quence of the desertion, and was obliged to tranship
the live stock at a great expense to the owners. In
the ordinary course the ship would have arrived on
Sunday afternoon in London, so as to have the live
stock ready for Monday morning's market.
Mr. Pelham here produced the Consul's certificate,
stating the positive refusal of all the prisoners to re-
turn to their duty, notwithstanding the most energetic
exertions to prevail upon them.
Captain Neville—lt was necessary to have recourse
to the soldiers and the police to protect the crew and
the ship and the fireman who remained on board. The
agent wrote to Mr. Robinson an account of the trans-
actions, and on my arrival the necessary proceedings
were adopted.
Mr. Smith, the solicitor to the prisoners, cross-
examined the witness at considerable length. He
repeated some of the most prominent parts of his
evidence in chief with increased emphasis. He had,
he said, applied for the soldiers himself, as he consi-
dered such a precaution necessary for the protection
of the ship and the crew, and he believed upon his
oath that the ship and himself were in danger. There
was no one on board competent to act as principal
engineer except Smith, and all the rest of the pri-
soners had refused to return to their duty unless
Smith ,returned. Thu c9uld hqvg resumed their

work until he had got engineers, but they would not.
In answer to questions as to the character of Smith,
Captain Neville said he had known the first en-
gineer about six months, and had never found any
fault with him before, nor had he found any with
any of the other men.
Mr. Smith (solicitor for the prisoners) submitted
that it did not appear that M'Donald had joined the
rest in leaving the ship, and that as the evidence did
not implicate the prisoner, it would be but fair to
discharge him at once.
The LORD' MAYOR said that M'Donald had refused
to return to his duty, and that, although he lingered
on board an hour longer than the rest, he at last
followed them. What had been stated might be
adduced in alleviation, but it certainly must not
have the effect of discharging him from his share of
the responsibility.
Mr. Smith (solicitor to the prisoners) requested to
be allowed to ask, in fairness to the majority of his
clients, whether they had not stated to the captain
that they would return to the vessel, if he could ob-
tain a competent engineer ? Captain Neville—
Never ; they positively refused if Smith would not
return.

Mr. Pelham requested the Lord Mayor would post-
pone the next examination for a week, when it would
be in his power to complete the evidence.
Mr. Smith (solicitor to the prisoners) applied for
leave for such of his clients as might be able to pro•
cure bail to give in securities for their appearance.
The Loan MAYOR said he could not in a case of so
important a nature consent to take bail ; and all the
prisoners were accordingly remanded.
Several of them, and Smith amongst the number,
denied the truth of some of the most immaterial
parts of the testimony of Captain Neville whose
statements received additional strength from his cross-
examination.
GUILDHALL.
A young, man, named Robert Bell Burns, was
brought up in custody of George Hodges, 1.43 A, on
the charge of forging the acceptance to a bill of ex-
change for 2001.
John Earles, a clerk to Messrs. Coutts and Co., the
bankers, said—This morning a bill was brought to
our banking-house, bearing date " London, let Sept.,
1848," drawn by R. Calvert, on the manager of the
Bank of Scotland for 2001. sterling, payable one day
after date. It was presented by a Mr. Hitchins, who
inquired whether the discrepancy between the terms
of the bill and the acceptance would occasion its re-
fusal, and he was informed that, although the ac-
ceptors kept an account at their house, still the
acceptance was a forgery.
James Wilkins Hitchins, of No. 8, Ponto-square,
was then called, and said I called at Mr. Teague's
office, in Aldermanbury, yesterday afternoon,
,be-
tween five and six o'clock. Mr. Teague shortly after
came in and asked me if I could lend the prisoner
some money, as he only wanted 21. Not having that
sum about me, I did not immediately get the amount,
but afterwards did, Mr. Teague giving me a bill of
the prisoner's for 2001., as security. The bill was
not endorsed at the time I received it, but it was
handed to the prisoner, who wrote the endorsement
on the back in my presence, and then gave it to me.
An appointment was made with the prisoner to meet
me the next day at the Duke of York's column, for
the purpose of redeeming it, but, having spoken to
my solicitor, I was advised to make a few inquiries
before meeting him, and accordingly I went to the
banking-house and asked the question which the last
witness deposed to. After that a clerk was sent to
meet the prisoner, and he was eventually given into
custody. .

On ?Luther examination, the witness said that the
bill was given to him in Redcross-street, and endorsed
I at some tavern in the neighbourhood.
Mr. Teague, solicitor, of Aldermanbury, said—l
have known the prisoner for some months, and have
been acting as his solicitor. I understood he was to
advance a large sum of money, as I believe from the
correspondence that has passed between me and other
parties. It was in the early part of the month. He
brought me this bill, which I deposited in my iron
safe, saying, that it would enable me to say that I had
a portion of his money. I kept it there for some
days, and on Saturday week he wanted some money
for a temporary purpose, when I got a person of the
name of Hunter to advance the 21., leaving this bill,
which I identify, as security, believing at the time
that it was a genuine one. Yesterday afternoon,
when I went to the office, I found the prisoner in the
inner office, and Mr. Hitchins on the stairs, going
down. The prisoner was to let me have the 2L
to get the bill back yesterday, and on asking
him if he had the money, he said that he had
not. He had previously told me of money
transactions with Mr. Hitchins ; and I said there can
be no objection to your asking Mr. Hitchins for the
amount, and he said he would ask him. Mr. Hitchins
was then called in and consented to do so if the pri-
soner would endorse the bill, which he promised to
do. They all three proceeded to Mr. Hunter's, and
having paid the money, the bill was given into Mr.
Elitchines custody after the prisoner had properly en-
dorsed it at a public-house close at hand. The pri-
soner and Mr. Hitchins then left together, and I have
not seen them until now. I understand frem what
has occurred bet ween me and the prisoner that he was
coining into a small fortune of 1,5001., and that the
bill in question was a portion of it, and that wishing
for money he did not wish to break into such a large
amount for so small a sum, as it was only for a tem-
porary purpose.
The prisoner declined saying anything beyond ask-
ing the Alderman whether he could not be con.
victed summarily ?
Alderman SIDNEY told him that at present he did
not know what he should do with him, but all events
he must be remanded until Friday, for further in-
quiries to be made.
MARLBOROUGH-STREET.
Benjamin Thomas Cotton, a clerk in the employ of
Mr. Burton, furnishing ironmonger, Oxford-street,
uSfor final examination, charged with
ed the sum of 21. 2s. 6d., the property
named Freed, in the service of Mr.
Burton,
havingwas broughte rnhe
of his employer.
A porter,
gave him an account of
2s. 7d. to collect. When he returned home with
-the money he bad collected, he received two cheques
from the prisoner for amounts which he was to pay
Borstaeird the prisoner
over to the cashier, and then the prisoner asked him
for 2/. 2s. 6d., which he gave him without receiving
any cheque. Witness mentioned the circumstance
the next morning to Mr. Alfred Burton.
The cashier said, the prisoner, as clerk, had no
business to receive any money. There were printed
directions, prohibiting money from being received by
any one but the cashier, placed in different parts of
the warehouse. The prisoner, instead of receiving
the money, ought to have given the porter a cheque,
and the porter ought to have taken the money into
the counting-house.
Mr. Burton said he waited until Saturday before
he took any steps in the mattsr. Finding the money
was not paid over by the prisoner, he caused him to
be taken into custody. When in custody the prisoner
admitted that he had taken the money for a tempo-
rary purpose, but he said it was his intention to have
paid it back the
day on which he was apprehended.
A. sum of money
equal to the abstracted sum was
found in his possession.
Mr. Wontner, on behalf of the prisoner, contended
that no embezzlement had been committed. The
prisoner had been in the prosecutor's employ for two
years, and had hitherto borne, a good character. He
had borrowed the mosey for a few hours, but the
proof that he intended to return it was to be found in
the fact of money found on him when he was given
into custody. In addition to this, it had been held
under the Embezzlement Act, that where a servant
received money, and handed it over to another party,
if that party appropriated the money it was not em-
bezzlement. r. 1.0 constitute embezzlement the money
must have been
of any second received
ee e
ofor tpbaer
arty.
employer,
the intervention
Mr. HARDWICK was of opinion that the case was
one for the decision of a jury, who would no doubt
take previous good character into consideration.
The prisoner was then fully committed.

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NAVAL INTELLIGENCE.

--
T,
roarsmouTn, WEDNESDAY. - Much alarm was
created here last night by a report that Admiral Sir
Charles Ogle, the Commander-in-Chief, had been
struck with apoplexy. We are most happy in being
authorised to state no such calamity has befallen the
gallant chief. The circumstances which led to the
circulation of the above report are simply these :
Sir Charles patronized a grand evening concert; given
by the Messrs. Atkins, of Portsea, at their rooms
(the Queen's), to which the fame of Madame Dulcken
and John Parry drew a numerous and brilliant
audience. The rooms were crammed, and conse-
quently, notwithstanding the excellent ventilation,
the crowd rendered the atmosphere of the room some-
what like an Otrer, and the Admiral fainted ; he was
carried out, but speedily recovered on the application
of the usual restoratives, and this morning was able
to transact his official duties as usual. On Saturday
next he hauls down his flag, when the command will
devolve on the following day upon Admiral Sir
Thomas Capel, K.C.8., who was here yesterday
making the necessary arrangements.
The Driver steam-sloop, Commander R. C. John-
son, returned from Ireland last evening at sunset.
She left Waterford on Sunday, and has brought ma-
rines and marine artillery, who are returning to their
respective quarters. She is about to complete her
fitting for service on a foreign station. The Driver
left the Rhadamanthus, Sprightly, and Dwarf at
Waterford. Tho latter was going to lie at Fidow.
The Cyclops steam-frigate, Captain the Hon. G. F.
Hastings, was docked to. day to refit, but is ordered
to remain here for the present.
In pursuance of the new scheme of saving intended
to be adopted in the dockyards, the sailmakers in this
yard, who have for nearly three years worked their
dinner time, have been directed to do so no longer.
As this will only operate as an injury to a few poor
men, without being of any material consequence as a
reduction, and as the work intended to be forwarded
when it was commenced has not yet been completed,
it is much to bO deprecated.
The Plumper' new screw-sloop was undocked to-day
to make room'forthe Cyclops. She will be tried with
her own screw, ipft few days.
The Hecate, steam-sloop was brought out of the
basin alongside-the jetty. Now she is paid off she is
found not to baso decayed in her timbers as was at
first supposed.. ..

42 cwt., 8 feet long. The Indefatigable and Phsebe
(Devonport), 50 guns, viz.—main-deck, 28 8-inch,
65 cwt., 9 feet long ; quarter-deck and forecastle,
22 32-pounders, 45 cwt., 8 feet 6 inches long_ The
Emerald and Imperieuse (Deptford), and the Immor-
tality and Melpomene (Pembroke), 50 guns each,
viz.—main-deck, 80 8-inch, 65 cwt., 9 feet long;
quarter-deck and forecastle, 22 32-pounders, 45 cwt.,
8 feet 6 inches long ; waist, 8 32-pounders, 40 cwt.,
8 feet long, on Hardy's compression carriages. The
Narcissus, at Plymouth, the Bacchante, at Ports-
mouth, the San Forenzo, at Woolwich, and the
Euryalus, at Chatham, each 50 guns, viz.—main-
deck, 28 8-inch, 65 cwt., 9 feet long; quarter-deck
and forecastle, 22 32-pounders, 4S cwt., 8 feet 6
inches long, Monk's.