The Sun.
London, England, 1848-09-25 00:00:00

EVENI NG, SEPTEMIIRR 25, Vitl,

Whether the murder bras c ffccted by poison or by some
other means is not yet known ; but it appears from the
state of the deceased woman's body that towards her
great violence had been committed.—Liverpool ilicrcury
of this day.

TRIAL OF THE CHARTIST
CONSPIRATORS.

CRIMINAL COURT.-(THIS DAY.)

OLD COURT.

CONTINUATION OF THE TRIAL OF DOWLING.
Mr. Justice Erle, Baron Platt, and Mr. Justice
Williams took their seats is the court at ten o'clock
precisely.
William Dowling having been placed at the bar,
Mr. Justice ERLE proceeded to sum up the evidence,
and to direct the jury. As the case had extended over
sometime he considered that he should not properly die•
charge his duty if he did not go through the whole of the
evidence. It they were of opinion that the prisoner in-
tended to deprive the Government of any of its lawful
powers they must find him guilty of levying war against
the Queen. He need not tell them that wherein an un-
diiciplined mob assembled, whatever might be its ob-
ject, great danger to the Government and the liberties
of the people was likely to ensue. If they considered
that the prisoner intended to interfere with the free ex-
ercise of the lawful powers of the Government, with the
view of obtaining the People's Charter or the Repeal of
the Union, and intended to use force to do so, they could

not find him guilty of a riot, but of the higher offence
laid to his charge. If they believed he intended to raise
an insurrection against the Crown and the Government,
he was clearly guilty of that offence. The same result
' must follow if they were of opinion that he conspired with
others to accomplish the objects charged against him.
He was charged with the commission of four overt
acts, and if they were of opinion that he was guilty of
one of them, that act would constitute the full offence for
which ho was indicted. The first charged the prisoner
and others with assembling, conspiring, and consulting
for the purpose of levying an insurrection against the
Queen, to overthrow the Constitution and Government
as by law established, the second " that they procured
arms to accomplish their purpose ;" the third, that they
conspired to set fire to police-stations, houses, ant,
buildings, and that they provided themselves with com-
bustible materials for the purpose heretofore stated ;
and the fourth, that he and they enrolled themselves
members of unlawful, secret, and dangerous clubs and
' confederacies, held secret correspondence and communi-
cations with each other, for the purpose of raising and
making an insurrection, rebellion, and war against the
Queen. The first count of the indictment charged the
prisoner with conspiring to levy war, and the second
with the view of deposing the Queen from her regal
title, style, and dignity. The Learned Judge then read
the whole of the evidence, commenting upon portions of
it as he went along, telling the jury that they might find
' the prisoner guilty on one or both of the counts. With
respect to the conduct of Parnell, who was accused of
violating the confidence placed in him by the prisoners,
whom they had seen arraigned, the Learned Judge put
it to the jury, whether if a number of their workmen
conspired together to the injury of their business and
their property, they would not consider themselves per-
fectly justified in directing one of their faithful work-
men to join their councils, in order that the information
to be furnished by him might defeat their machinations.
He regretted much that Mr. Kenealy had, in a Court.
of Justice, where such grave matters were dealt with,
disturbed the attention of the jury from the great
matters at issue, by personal observations on the Learned
Counsel opposed to him. Ho certainly could appeal to
precedents since counsel of longer standing had adopted
such an objectionable course. In his opinion a counsel
went beyond his vocation when he criticised in the way
he had the motives of the Legislature in passing the Act
' under which the prisoner was indicted; more particularly
was he blameable when he said that that measure was
passed with the view of taking away the liberties of the
people. This could not bo so since persons charged
with a similar offence to that imputed to the prisoner
were tried with the same fairness as those obarged with
ordinary felonies, of the mode of trying which there was
no complaints. He could not well see how the jury could
adopt the advice of the counsel, and find him merely
guilty of a riot. It was their duty to dismiss from their
minds the decisions of past juries or those of future
juries, to dismiss all extraneous matter from their
minds,, deciding, in fact, upon the evidence alone ; but,
at the same time, giving the prisoner the benefit of any
reasonable doubt they entertained
The Learned Judge concluded his address at twelve
minutes to one o'clock.
The jury expressed a wish to retire, and they left the
Court, in the custody of an officer, at ten minutes to one.
TRIAL OF CUFFEY, LACY PAYNE, AND

friends were situated. Mr. Pembroke was objected to
by Mr. Ballantine, and he left the box amidst renewed
hisses, some few of which came from the body of the
court.

A jury having been at length empannelled,
Mr. PARRY said, on behalf of Fay and Lacy, that they
had no objection to be tried by this jury ; ho should not.
therefore, challenge the array, the only object of himsel
and his Learned Friends being to obtain an impartial
jury. He believed they had now obtained one.
The ATTORNEY GENERAL acceded to this course, and
Fay and Lacy were called up, when the jury were
sworn.

Cuffey said the only objection he had to the jury was
that they were not his equals ; ho was a journeyman
mechanic. _

Tho jurymen not sworn were then dismissed until to-
morrow morting, at nine o'clock.
Mr. Baron PLATT intimated that he should sit till
eight o'clock.
After an adjournment of about half an hour, Cell,
Fay, and Lucy were placed at the bar.
The ATTORNEY-GENERAL proceeded to state his case
against the prisoners, and bad not concluded %I hen we
went to press.
Up to the hour of our going to press, the jury in the
case of Dowling had not returned into court with their
verdict. It was stated in the coral that they were not
likely to agree.

NEW COURT.

(Before the RECORDER and Mr. Alderman Ginns.).

CHARGE CF RAPE.— William Darvill, a respectablo
looking man, was indicted for a rapo on Julia Harris, a
child only nine years of age.
The facts of the case are totally unfit for publication.
The jury found the prisoner guilty of an aggravated
assault, and

The RECORDER sentenced him to two years' imprison-
ment and hard labour in the House of Correction.

Ti►e court was crowded to excess in the early part of
the morning, by jurors in waiting, in consequence of
200 extra having been summoned, in the expectation
of numerous challenges ou behalf of the Chartist pri-
soner&

Through some mismanagement, either on the part of
the Sheriffs, the Under-Sheriffs, or some other officer of
the Court, the box appropriated to the reporters was
filled immediately on the sitting of the Court with jurors,
and the gentlemen of the press were left to hear the
cases that came before the Court, and make out their
reports of them how they could.

Mr. Joseph Bcsley, son of Mr. Besley, of the store-
kceper'c•office, in this dockyard, has been appointed
clerk in the otlice of the superintendent of the Break-
water, vice Jerc•y, appointed to the dockyard.
ROYAL MAnntEs.—Lieut. Charles Louis, son of Rear-
Admiral Sir John Louis, Barr., admiral superintendent,
has been appointed Quartermaster, vice bheancr, pro•
'noted to a euptsiney.
THE WEST INDIA SQUADRON.—The Daring slcop,
12 guns, Comabiuder William Peel, sailed from Port
Royal, Jamaica, on the 23d ult. for England, to be put
out of commission. She arrived at Portsmouth last even.
iug. By her we have received a letter from our naval
correspondent:—

"Port Royal, August 22.
" The Honor: brig, 10 gurs, Commander G. IT. Wood,
azrived here on the 20th from Bermuda, and will sail ou
the na, for Vera Cruz.

" The fl t1;-snip Wellesley, 72 guns, Vice-Admiral the
Earl of Dondonald, G.C.8., is at Halifax, with the
Vixtri steams-sloop, and the Scourge.
" The Triucomelee, 26 guns, Captaia Warren, is at
Antigua, laying up for the hurricane months.
" The Electra, 16, Commander Bouvcrie, is at Vera
Cruz.

" The Bermuda, 6, Lieutenant Jolly, R.N., command-
ing, is at the disposal of Conzul-Generrl Christie, on her
passage to the Melquito nbore.
" Alarm, 26 Huns, Captain Granville Loch, is
ordered hcree, sad will be there about the latter cod of
November.

There is no Eiekness here ashore, or in the squadron,
and the threaterv-cl enicute, heard of when I Ist wrote,
hns rzssed quietly.
" The Earl of Dundonald's health is better than when
I last wrote, and he will !,proceed shortly to Quebec in
the Scourge or Vixen steamer_"
[The Admiral was at Halifax on the sth in=t.]

TATTERSALL'S—THIS EVENING.
QUARTER TO ►SIX O'CLOCK.
TRIENNIAL.
9 to 4 agst Elthiron
3 to 1 agat Tadmor
3 to 1 agst Nina.
CESAREWITCH.
12 to 1 agst Backbiter
12 to 1 agst Lanesborough
14 to 1 agst The Cur
20 to 1 agst Palma
20 to 1 agst Dacia
30 to 1 agst Poynto
33 to 1 agst Dough
33 to 1 agst Chat
33 to 1 agst Caw•roush
40 to 1 agst Tartar.
CAMBRIDGESEIRE.
20 to 1 agst Foreclosure
20 to 1 agst Glendower
33 to 1 agst Pic-Nic

DERBY.
5 to I agst Flying Dutchman
17 to 1 agst Tadmor
40 to 1 agst honeycomb

SPORTING INTELLIGENCE.
NEWMARKET FIRST (:CTOBER MEETING.
PROGRAMME OF THE RACES.

(Iforses marimi thus are already at Nevtmadict.)

TUESDAY (TO MORROW).
The Trial Slakes of 10 sovs. each; three yrs old, 7st
71b; four, Bst 9;h; five, 9st 21b; six and aged, 9st 61b.
A.F.
A Sweep-takes of 10 sovs. each; two yrs old, 6tt 71b;
three, SA 71b; four and upwards, 9st; the winner to
be sold for 50 toys. T.Y.C.
A Handicap Sweepstakes of 20 sovs. each, and only 5 if
declared by ten o'clock the evening before running, to
go to the second; for three yrs old and upwards.
T.Y.c.
The Grand Duke Michael Stakes of 50 Boys. each; for
three yrs old, colts, Bst 71b; fillies, Bst 31b. A.F.
(23 Subs.)
Colonel Anson's Corsican—Colonel Anson's Backbiter
—Lord Exeter's Vulcan—Lord Exeter's Xanthus—
*Lcrd Exeter's Hecuba—Mr. B. Green's Flatcatcher—
Mr. B. Green's At.sault—Mr. Greville's Rosslyn—Mr.
Grevillc's Dunrobin—Mr. Hargreave's ch c Sunnyside
—Mr. Irwin's bk c The Monk—Lord Lonsdale's b g by
Venison, out of Folly—*Mr. Mostyn's b c Surplice—
'`Mr. Mostyn's b c Loadstonc—Mr. R. 11. Neville's b c
Sceptre (late Bill Jenkins) —Mr. Osbaldeston's Buck-
stone—Mr. Osbalasston's b f Cardinal Puff, out of Cro-
ton Oil's dam—Lord Orford's ch c by Grand Duke, out
of Adelgund—Mr. Payne's Cervus—*Colonel Peel's
b e Sesostris—Major Pitt's Fern—Mr. J. Scott's Brocket
—Mr. Worley's Caversham.

The Hopeful Stakes of 40 sous. each, h ft; for two yrs
old, colts, Bst 71b; fillies, Bst 51b. Last half of Ab.M.
•Lord Albemarle's b f Grasshopper—Mr. Bouverie's
f Festival—Lord Chesterfield's b f Lady Babina—*Lord
Clifden's b f Carbuncle—*Mr. W. Etwall's f by Emili'is,
out of lEgis's dam—*Lord Exeter's c Turban—Lord
Exeter's ch c by St. Francis—Jet—*Lord Exeter's c by
Voltaire, out of Marmora—Sir J. Gerard's ch c Mars—
Mr. B. Green's hr c The Arab—Mr. Greville's br c
Grandee—*Field Marshal Grosvenor's ch c His Excels
lercy—*Sir J. Hawley's Banshee—Mr. J. Moore's
Nighticgale—*Mr. Mostyn's b f Czarina—*Mr. Mos-
tyn's b t by Bay Middleton, out of Mustard—Mr. R. H.
Nev ill's b c Sidney—Mr. Payne's ch f Glauca (9:b extra)
—*Colonel Peel's b f lone—Colonel Peel's f by Clesar,
out of In—Major Pitt's b f Piccola—Duke of Richmond's
br f ButTilo Gal—Mr. W. 11. Roberts's b c Brother to
Eldon—Mr. W. 11. Roberts's b f Charm—Mr. W. 11.
Roberts's ch f Ifebe—*Mr. Roles br f The White Lady
—Mr. 11. Stebbings's h c Our Ben—*Mr. Watts's br e
Andros—Mr. Wreford's, jun., b f Wet• nurse—Mr.Wor-
lej's b e William of Wykeham.

The Buckenham Stakes of 300 sovs. each, h ft, for two
yrs old; colts, Bst 71b ; fillies, Bst 41b. Etch sub-
scriber Lamed three mares, ore to pest. T.Y.C.
(3 Subs.)

Lord G.-Bentinck's b c Cueullus—*Lord G. Bentieck's
br c Tiresome—Lord G. Bentinck's ch f (dead) by Sir
Hercules, out of Plenary—" Colonel Peel's c Indus—
*Colonel Peel's c Tadmore—Colonel Peel's f by lon out
of Seakale—Lord Exeter's b c (dead) by Velocipede, out
of Amirna—*Lord Exeter's be by Beiram, out of Me-
rope—Lord Exeter's b f by St. Francis, out of Celia.
A Post Sweepstakes of 500 soya each ; colts, Sat 71b,
fillies, Bst 31b ; ore to the post. T.Y.C. (3 Subs.)
*Lord Orford's c by Fir Hercules, out ot Firefly—
*LordOrford's c by Mul:y Moloch, out of Arsenic—*Lord
Orford's f, Sister to Ziska—*Lord Orford's f by St.
Francis, out of Adelgund—*Lord Orford's f by Sir Hor-
cities, out of Peeress—Lord Stanley's Escalade—Lord
Stanley's Caricature—Lord Stanley's Legerdemain—
Lord Stanley's Uriel—Lord Stanley's Strongbow—Lord
Exeter's c (dead) by Velocipede, out of A naima—*Lord
Exeter's c Testator—*Lord'Exeter's c Turban—*L',rd
Exeter's c by Voltaire, out of Mecca—*Lord Exeter's c
by Voltaire, out of Marmara.