The Sun.
London, England, 1834-03-17 00:00:00

RECOLLECTIONS OF A NAVAL LIFE.

By Captain JAMES SCOTT, R.N. 3 vols. post Bvo.

OUR TOWN;
Or, Rough Sketches of Character, Manners, &c.
By PEREGRINE REEDFEN. 2 vols. post Svo.

GREENWICH PARK.—In consequence of
orders issued by the Surveyor of the Royal Ooservatory
and others having authority in Greenwich Park, a new
path has been made up the hill, by which the public may
ascend the heights with more ease, and avoid the danger
of falling upon the broken precipitous ground. The fine
slope of grass forming the hill upon which the holiday
folks enjoy their Easter and Whitsuntide races has been
improved by filling up the boles and irrrgularitieg, the
cause on many occasions of broken legs and alms. A
new oak bench has been placed ,igainst the external
wall of the observatory, on the apex of the mount. At
this point the visiter may now, from a convenient seat,
enjoy the beautiful prospect so universally admired.

Mr. POLLOCK stated the case. The plaintiff, Charlotte
Pickup was a straw bonnet-maker at Bolton she had
formerly lived at Preston, having been induced to remove
on account of higher wages. Her acquaintance with the
defendant began in April, 1828. He paid her such at-
tentions as could not be mistaken, promised her marriage,
and named a period when the event should rake place;
but lie assigned various reasons for putting off the mar-
riage from time, to time. The defendant was a stone-
mason, and owner of several cottages. The plaintiff, as
the learned counsel had stated, had no property whatever,
but the defendant. after the last parting, and when he had
repeated his promise, and when she imagined that she was
soon to be his wife, had the mortification of Learing that
he had married another.

Ellen Pickup—l am sister to the plaintiff, and know
the defendant James Fitchie, and have been acquainted with
him 'about six years. He was formerly a working stone-
mason, and now he is in business on his own account.
He first became acquainted with my sister Charlotte in
April, 1828. My sister was a teacher at Gritnshaw-
street Cis tpel, in Preston, where the defendant some-
times went, and the acquaintance commenced there.
tie frequently followed my sister and me home, and
wished us to walk with him, but we did not think it
proper to do so on leaving the chapel.—(Loud laughter.)
He worked opposite to our house, and sometimes
he came in for a light, and got acquainted that way.
My father is in a cotton factory. My sister re-
ceived the defendant's addresses. In April his brother
David was building a shop, and he said that as soon as
the shop was finished he would marry my sister and begin
pawnbroking.—(Laughter.) He said he then had only
2001., and his brother was not willing to advance any,
and said it would take• 4001. or HO/. In 1829 my sister
went to a situation at Kirkham as straw bonnet-maker,
and when she came over to my father's, the defendant
came to see her. On Shrove-Tuesday, 1829, the de-
fendant said to me, he intended to marry my sister as soon
as her busy time wes over. As she had got a pod situa •
tion he would let her stay. I remember the defendant
going to Scotland, and on his return in January, 1830,
he came the first thing to see my sister, and said he had
teen looking at a public house. He came spin on Friday,
and said he had got a fresh lodging, and had got board,
washing, and lodging for five shillings, from a Airs.
Mak, but he would give her six sl illings.—(Lau4hter.)
Mr. PoLtocs—ls the defendant in Court?—Yts.
M. POLLOCK —Where is he?—He is here.
Mr. POLLOCK—Point him out.

Air. ALEXANDER—Stand up, Mr. Fitebie ; get on the
seat

The defendant here mounted " the stool," amidst bursts
of laughter from all parts of the Court, his Lordship join-
ing heartily in the merriment. The defendant was rather
meanly dressed, and certainly both in figure and face he
appeared to be any thing but the lady-killing giy deceiver
which people would be apt to suppose the subject of an
action for a breach of promise of marriage to be. As
soon as the laughter bad subsided the tvitnes, continued:—
I remember, in the summer of 1832, that the defendant
was at my house in Bolton. My sister was there, and
was reading a letter. My sister had her bag in her hand,
and four or fiveletters were in it, from the defendant. He
t9ok out the letters, one by one, and put them in the grate
and burned them. My sister tried to save them, but he
held her back.

Cross•exawined by Mr. ALEXANDER—I am a straw
bonnet maker, and we have a house of our own. In
summer we can make I Is. or 12s. per week. In winter
6s. or 7s. The
.defendatit had come sometimes for a light,
six months before the promise of marriage.
Counsel—Coming for one light it happened that he
caught another flame?—Yes, I suppose so.—(Laughter.)
My sister was very religious, and very particular at the
time that the defendant wanted her to walk coming home
from chapel, and she would not allow him. She was not
taken with him then.—(Laughter.)
Counsel—Why I confess be's not a very taking person.
age.—(Loud laughter.) My sister is at present out of em,
plmm,nr, but she has a situation to go to.
Mr. ALEXANDER, for the defendant, acknowledged that
a vend ct must go against the defendant; but, under the
circumstances, the damages, he submitted, could not be
large.

Mr. POLLOCK asked was he not entitled to a reply, as
his learned friend Mr. Alexander had produced the de-
fendant himselt in evidence ?—(Laughter.)
Mr. Justice ALDERSON —He has been put in as a set
off.—(Continued laughter.) His lordship shortly sum•
med up.
Verdict for the plaintiff—Damages 2001.

OXFORD CIRCUIT—STAFFORD, 111.11 cm 13.
(Before Mr. Justice PARK. )

Catherine Clewes, a girl aged 21, having the appear-
ance of a respectable servant, was charged with adminis-
tering oil of vimol to her infant, named Francis Clewss,
with intent to murder him.

Jane Simpkins said the prisoner came to her house,
near Walsall, on Whit Sunday, with a child seven weeks
old. She said she was sent by the overseer to ask me to
tike care of the child. I asked if she had a note from
him. She said she bad not; but I said she might leave
the child with me till she could get a note. She left the
child, and came with a note on the following Tuesday. She
seemed much vexed. She never came again till the 18th of
October. I told her 1 thought she bad forgotten her child.
She said she could not come eailier, as she was in service.
She brought two caps and two frocks for the child, and
was sewing for it till eleven o'clock. She said she did not
think the child would live, it had such a way of turning
its eyes up. I Cold her I thought it likely to live. Site
staid at my house all night, and the prisoner, the ehild, and
myself, all slept together. I got up first in the morning,
and went to a neighbour's house on an errand. I stayed a
quarter of an hour, and heard the child shriek. I called
our, " What's the matter ?" The prisoner made no en
swer, and I went up to the bed, and found the baby
struggling for breath, frothing at the mouth, and was
as black in the face as a coal. I said, " What ails the
child ? You have been doing something to the child I"
I took the child from her, and examined it. The neck of
the child was black and purple where she had been
throttling it. The left cheek was very badly burnt, as
were the left hand and shoulder, and the tongue was all
of a blister.

Examined by the Leaned JUDGE—The prisoner, when
she came down stairs, was crying very much.
Harriett Bullock, the next witness, brought the child
into court. It wis a remarkably pretty child, and on
seeing it the prisoner burst into tears. This witness said
—On the 19th of October, I went to the house of the last
witness. 1 saw Jane Simpkins searching in the prisoner's
hair and bosom. I felt her shoes, and in her left stocking,
which she had on, I found a botle which had no cork in
it. The bottle was given to Mr. Binfield. The bottle
was nearly full. It was a phial. I afterwards found
the cork.

James Franklin said—l received the bottle, which bad
some dark stuff in it. It was labelled "oil of vitriol."

The prisoner, in her defence, said—l never meant to
hurt the child, and I have not a friend to speak fur me.
Verdict—Not Guilty.

Daniel Bindley, a rather pale•looking and thin young
man, of small stature and mild expression of countenance,
was charged with having stabbed Sarah Preston, with in-
tent to do her some grievous bodily harm.
Sarah Preston, a very fine young woman, of about 25
years of age, said—l am servant at Mr. Aston's. at Rose-
hill. I was going to Birmingham on the Sunday af'e:
Christmas, at about 1 l o'clock. On going down Soho-
hill I saw the prisoner, who was coming towards me.
As he passed me be stabbed me on the right thigh. When
I felt myself stabbed I turned round and looked at him.
He .had in his hand something, the handle of which was
like that of a email table knife. The wound gave me a
good deal of pain, but I did not examine it till 1 gut to
my master's the next evening. I had never seen the pri-
soner before that I am aware of, and nothing had passed
between us belore he stabbed me. I ant quite sure the
prisoner is the person.
Mrs. Elizabeth Walton said—l am a widow. On the
Sunday after Christmas I was going to Handswottli
church. 1 met the prisoner. I am quite sure that be is
the man. I endeavoured to avoid him, but he ran against
me. I bad met bim once before, and Ito bad struck me

TI-e case was clearly made out.
Verdict—Guilty. Sentence, transportation for He.
Mrs. Pugh, who appeared to be a most respectable per-
son, beped to recommend the prisoner to mercy.
Ale. Justice PARK—The sentence is fixed by the Act
of Parliament, and I have not the smallest discretion as to
it.s mitigation. Since I have been in this town, I have
learned that his M..jery's Government intend in all these
cases to carry the full sentence of transportation into effect,
however strong the recommendations to mercy may be
that are forwarded by the Learned Judges.
LWe make no doubt that the Government have some
•etson for this arrangement, but it does s‘em at first sight
to be in the highest degree absurd.]
Willram Costello, aged 41, Patrick Costello, his son,
aged 20, Catherine Costello, his wife, aged 44, and
James Carrick were charged with cutting Willi im \Vora-
dale, with intent to murder him.

Mr. Justice PARK summed up the evidenCe.
The Jury found the prisoners William and Radek
Costello both Guilty.
Mr. Justice PARK passed sentence of death upon them,
without giving them the slightest hope of mercy.

NORFOLK CIRCUIT.— CAMBRIDGE, Milteß 14.
(Ref ire Lon/ Chief Ju.tive DENMAN.)
STEWART. ESQ. V CHAPS', D.D.

This was an action of trespass and false imprisonment,
to which the plea was the general issue, not guilty.
Mr. Sergeant STORKS stated the plates case. The
plaintiff is a gentleman of fortune and family, who came
comparatively late in life to the University, having, before
h:s admission at Jesus College, of which he is a fellow.
commoner, been an extensive traveller. The defend ,nt,
the Rev. Dr. Chafe, is master of Sidney College, a ma-
gistrate, and a man of considerable wealth. On the 3,1
of August last Mr. Cannon, a most respectable attorney
in the town, received a letter from London, which obliged
him to hold a personal communication with a son of the
defendant, and accordingly on that day Mr. Cannon called
at Sidney.lodge to see him, but was unable to find him
within. He called a second time, but was again unsuc-
cessful. In the afternoon of that day he called on the
plaintiff, and asked him to accompany hint in a walk,
they being on intimate terms of friendship. The plaintiff
consented, and their way lying past Sidney, Mr. Cannon
went into the college, and immediately joined the plaintiff,
who was waiting for bim in the court of the college.
Having turned to leave the college, they saw the defendant
and the Rev. Mr. Henson standing on the grass.plat in
the court, at the same time that one Peacock, the college
shoeblack, came to them and told them that the master
desired to know who they were and what they wanted.
The plaintiff mildly answered, " Ob, its of no con-
sequence," and be and Mr. Cannon were in the act
of leaving the college, when the defendant inter-
cepted them, and asked them, in a haughty and
imperious tone, " Who are you ? What do you
want bete? I will know who you are, and what you
want, before you leave the college." Mr. Cannon replied,
" This is most extraordinary conduct," when the defend.
ant, in a furious manner, answered, "I am master of these
territories," and called out to the porter " Shut the gates
and send for a constable, and I will send these men to
prison." In a few minutes a constable of the name of
Bennett arrived, and the defendant said to him, "I give
these men in charge." Mr. Cannon requested the defend-
ant to tell him what the charge against them was; to
which he replied, " I charge you with refusing to tell me
'sho you are." The next thing that occurred was the de-
fendant's saying, " You are two suspicious characters."
To this Mr. Cannon replied " Indeed !" when the defend-
ant shouted out " Stupid fool ;" standing at the same time
dose to Mr. Cannon, thrusting out his tongue at him.
Shortly after this the defendant retired into the lodge,
leaving the two gentlemen in the custody of the constable,
and the gates locked.
This statement was proved by Mr. Cannon, and by the
testimony of other persons, who were witnesses to parts
of the occurrence.

Mr. ANDREWS addressed the jury for the defendant.
The LORD CHIEF JUSTICE summed up. The plaintiff
was entitled to a verdict, for the defendant had acted with-
out any warrant of law, and with a degree of violence
which be had seldom seen exceeded. His Lordship could
not at all agree that the master of a college had a right to
turn out, much less to shut in the college, any person who
might enter it on lawful business:
The jury found for the plaintiff—Damages 25/.

A verdict was also taken by consent in another action
a a nst Dr. Chafy at the suit of another plaintiff, for the
like sum.

(Before Mr. Baron VAUGHAN.)
John Coe was indicted for feloniously administering a
drug called saffron to one Henrietta Freeman, for the
purpose of procuring a miscarriage.
The prosecutrix, who was only sixteen years old in
February, was servant to Mr. Bennett, and being found to
he with child she was dismissed. The prisoner was the
father of the child of which she was pregnant, and upon
her telling him that she was so, he replied that he would
give her some stuff to make her "unwell" as she ought to
be. She told him she would take anything he gave her
if it did not hurt herself, and he gave her something
which lie told her to put into some boiling water and drink
off. She accordingly did so, and in a short time she was
unwell, and a miscarriage followed.

The Jury having found the prisoner Guilty, he was
sentenced to seven years taansportation.

THE REV. JOHN WESLEY'S OPINION ON
THE UNION OF CHURCH AND STATE.—(From a Sermon
" 01 Former Times.")—" One eminent author, no less a
man than Dr. Newton, the late Bishop of Bristol, has
been at no small pains to show that the conversion of
Constantine to Christianity, and the emoluments which
he bestowed upon the church with an unsparing hand,
were the events which are signified in the Revelation, by

the New Jerusalem coming down from heaven !' But
I cannot in anywise subscribe to the bishop's opinion in
this matter. So far from it, I have been long convinced
from the whole tenor of Ancient History, that this very
event,—Constantine's calling himself a Christian, and
pouring that flood of wealth and honour on the Chrivian
Church, the clergy in particular,—was productive of more
evil to the church than all the ten persecutions put toge-
ther. From the tittle that power, riches, and honour, of
all kinds were heaped upon the Christians, vice of all
kinds came in like a flood, both on the clergy and laity.
From the time that the church and state, the kingdoms
of Christ and of the world, were so strangely and unnt-
turilly blended together, Christianity and Heathenism
were so thoroughly incorporated with each other, that they
will hardly ever be divid,d till Christ comes to reign on
earth. So that, instead of fancying that the glory ..f the
New Jerusalem covered the earth at that period, we have
terrible proof that it was then, and has ever since been,
covered with the smoke o I the bottomless pit."

MODIFICATION OF SLEEP.—SIeep is much
modified by habit. Thus, an old artillery-man often enjoys
tninquil repose, while the cannon are thundering around
him ; an engineer has been known to fall asleep within a
boiler, while the ellows were beating i on the outsme
with their ponnerous hammers ; and the repose of a mil-
ler is nowise incommoded by the noise of his mill. Sound
hers,
proceasesved toa
nb ei
ni stimulusx p
res.be toa
annoyance
byhiaso.},m,ny,ssce:einwlfe,aiirarocnefeld.osoi
ottwi NnuuiVsaiyt
bune
y,igl
hhaveem
altogether unheeded. It is common for carriets to sleep
tohnefell
as horseback,
asleep
ahonnisd
the
coachmen
s toop amidnp
Ithhetehidraetcaofleincihmnegsig.thh
tuDnnEri During
diattiheisaiestnttugibridanbvrtueetedliareuydsbf:oyui
lfliwi,tetstbni iengl eaoNgi
noise; but
engagement.
eases to be so. Thus, a asclotielheilneapert,
prevented it altogether ; and it did not take place till the
mill was set a going again. For the same reason, the
manager of some vast iron-wot km, who slept close to them,
amid the ineessan. din of hammers, forges, and blast fur-
naces, would awake if there was any cessation of the noise
luring the night. To carry the illustration still farther,
it has been noticed, that person who falls asleep near a
church, the hell of which is ringing, may hear the sound
during the whole of his slumber, and be nevi Witless
aroused by its sudden cessation. Here the skip must
have been imperfect, otherwise he would have be, t, insen-
sible to the sound ; the noise of the belt was no stimulus;
it was its cessation which, by breakiiig the °cony,
became so, and caused the sleeper to aw:ke.—/11,,chisfe4
Philosophy of Sleep, pp. SO, I.