The Sun.
London, England, 1851-06-16 00:00:00

'OUNTESS D 6

LAUNCH OF THE TIIAiIIES-BUILT
CLIPPER CREBLICTO.
On Saturday afternoon was launched, from the build-
ing-yard of Messrs. Bilby and Perry, Itotherhithe, one
of the finest merchant vessels that has, perhaps, ever
been built in the Thames.
This ship was laid down fur Anderson, Thompson,
and Co., on lines specially adapted for com eti
the Yankee clippers in the China. trade; is ng with
one, we
trust, of a fleet of merchantmen that and
p will obtain the
same signal success over the American sailing ships as
our British mail steamers have achieved over the Yankee
steamers. The Chebucto on the stocks displayed all
the appearances of a remarkably strong built ship; in
fact, much stronger, and therefore much heavier
the American ships, but she has sbarpl than
y-form
(remarkably so for a sailing vessel), and a vexed bows
y
run; and although there can be no mistake as toclea hern stowage amidships, she is also very lean abaft. She
was named by the wife of one of the owners, and
went off the slip in gallant style, and floated a most
handsome specimen of British naval architecture.
The bow and stern of the Chebucto have been con-
structed on a new principle, suggested by the builders,
the timbers being worked in diagonally,
instead f per-
pendicularly. the advantages of this mode of construc-
tion are said to bo twofold; first, the timber is more
easily converted, and, secondly, it is alleged that this
diagonal form is the strongest. On account of this new
principle in construction one of the surveyors of Lloyd's
was specially deputed to attend the launch, to test the
breakage in launching and we are informed that after
the must conclusive test had been applied, it was found
that the breakage or deflection did not amount to one-
eighth of an inch, the result thereby establishing the
claim fur the ship to be registeren "A 1, thirteen years.
The length of the ship is 134 feet; breadth, 26 feet 7
inches; depth, 13 feet; tonnage43o. She is at once to be
masted, rigged, fitted, and completely equipped, and is
under the command of Mr. Beech, an experienced mas-
ter. Messrs. Thompson of Billiter-square, and Mr. H.
H. Lindsay, of the East India Chambers, have an-
nounced tier to sail direct for Shanghai on the 10th of
July. &dozen of such vessels as the Chebucto will soon
take the wind out of the sails of as many American
"Orientals," and will re-establish the character of Bd.
tish naval architecture.

ACloLunOtyß.
INSULT TO THE BRITISH FLAG, AND
Court, was
On Saturfar, KIDNAPPING
AthPeirhitGechAaper
heard the case of " Jamieson v.
called " LRamsay," in
tort. The damages were laid at 501. The pl action of
ainti is
retired tailor, possessing a villa, abour'sff Rea
-
treat," on the banks of the Thames. The defendant is
an old man-of-war's man, who some time ago became
possessed of considerable property in Whitecharel; but
preferring to live afloat, he equipped a yacht of six guns,
the Tom Bowling, in which he lives. In the evidence it
appeared that on Easter Mondays the plaintiff (Jamie-
son) holds a festive anniversary, in remembrance of the
day on which his wife died, and cannon are let off to
announce the joyful tidings. It happened that on the
last anniversary the Tom Bowling was cruising off
"Labour's Retreat," and when her crew smelt the
powder, all hands were piped for action, and they re-
turned fire. The firing on both sides continued some
time, until the landsmen pat atones in their guns,
and riddled " Tom's" duck and streaming bunting.
The aggression was resented, and the boatswain,
shotting his guns, seriously damaged the tailor's
stack of chimneys. Captain Ramsay then landed
his crew, to demand satisfaction for the insult
offered to his flag, and having thrashed the tailor's
friends, the captain challenged the tailor himself, po-
litely offering him the choice of swords or pistols. The
tailor, thinking it salter to faint than to fight, swooned
away, upon which the defendant ordered him to be taken
prisoner; and on coming to his senses the tailor found
himself under hatches of the yacht, where he was kept
the whole night, bewailing the misfortune of being kid-
napped by pirates, as he termed his captors. In the
morning he was brought before the defendant and tried
by court-martial, for insulting the British flag, and
being found guilty was sentenced to the yard-arm. He
begged for mercy, however, and, as a last resource
offered up prayers. The sentence was then commuted
to the infliction of an operation performed en sailors
when first crossing the line. In that state he was trans-
ported to Herne Bay, 40 miles from home, without a
farthing in his pocket, Mr. G. E. Williams, for the de•
fendant, contended that the plaintiff deserved the treat-
ment which he had brought on himself. The judge said
that, although the plaintiff had acted most improperly
in loading his
guns, the defendant had retaliated too se-
verely; but, under the circumstances, he should award
only 34 damages, without costs.

----______-___
TUE QUEEN'S BALL.—Some surprise has been ex-
pressed in the City circles that the Lord Mayor was not pre-
rent at the Queen's Ball on Friday night• The circumstance
is susceptible of easy explanation. The same course has, in
all probability, been taken in respect to this as in respect to
all former entertainments of the same nature, given under
similar circumtances. It is a matter of etiquette that no one
is invited on such occasio h ball out of the Court
circle. It Is ill doubtless console civic dignity to perceive
that very few members of the Government were at the ball
in question who were required by the duties of their office to
Sir George .
Friday, and neither Lord John Russell
Grey were both in the House at midnight on
in the House of Commons. and
ther of them Wm dressed ill fancy
3unday Paper,costume.—
attend

SHIP NEWS.
QUARANTINE NOTICE.

" Faal, May 26.
" Sir,—Vessels from Rio Janeiro aro no longer placed
in quarantine. " WILLIAM H. LANE,
" "Copt. G. A. Halsted, R.N., Secretary, Agent to Lloyd's.
Lloyd's.'

LIVERPOOL, JUKE 14.—Lady Sale, from New York,
has arrived at Quebec. Syren and Crisper], herce, have
arrived at Riga. Grace, hence, has arrived at Eastport.
Sisters, hence, has arrived at Montreal. Otter, from
Hamburgh, has arrived off Wick. Francis, hence, has
arrived at Marseilles. Derby, hence, has srrived at
Portland. Bell Rock, hence, has arrived et Boston.
General Parkhill, hence, has arrived at Charleston.
Greenock, hence, has arrived at Mobile. Challenger,
from Alexandria, arrived at Queenstown, pit in with a
temporary rudder. Lady Elgin, Mearns, aid Ellerelie,
hence, have arrived at Quebec. Isabella, hence, has ar-
rived at Donegal, with loss of bulwarks, ga ley, &c., and
longboat stove. Eliza, from Porto Rico; Vtaterhen and
Carrara, from Alexandria; Lavinia and Harbinger, from
Naples; Victoria, from Leghorn; have arrived at Queens-
town. Scotland, from Havannah; Nicolt and Luiga,
from Odessa; and the Utility, from Baratta, have ar-
ri►ed at Falmouth.

GRAVESEND, Julia Is.—Wind S. W,, noderate; after-
noon, cloudy, with rain.
Arrived—Effort, from Cadiz; Falco], from Rouen;
Lead, from Caen; Limeys, from Odesso; Margaret Pot-
ter, from Rotterdam; Rapid, from St. Petersburgh;
Calpe, from Alexandria; Lapwing, from Riga; In-
dustry, from Gottenburgh ; Debts, from Rouen;
I3lackwall, from Sydney ; Unbn, from Alex-
andria ; Catherine, from Caen; George, from
Wismar; Amphitrite, from Leghorn; Le Coq, from
Cherbourg; Adelphi, from Denmaitc; Juno, from Bue-
nos Ayres; Hamlet, from Callao; Eleanor Ann, from
Stralsund; Nina, from St. Petersburg; Breeze, from
Dantzic; Gem, from Stettin; Wilhtlmina, from Vyborg;
Fortuna, from Porto Rico; Lancaster, from Ghent;
Daisy, from Leghorn; Calypso, frstn Terra Nova; Lon-
don, from Sierra Leone; Triton, from Ostend; Ocean
and Giraffe, from Rotterdam; City of Rotterdam, from
Dunkirk; Menai, from Calais; Adonis, from Rotter-
dam; Lion, from Harlingen.
Sailed—Batavia and Earl of Auckland, for Rotter-
dam; William Jolliffe, for Havn; Albion, for Boulogne;
Fame, for Harlingen; Antwerpm, for Antwerp; Lord
John Russell, for Harlingen; City of London for Dun-
kirk; Commodore, for Jamaica; Tar, for Demerara;
Gipsey, for Jersey; Diana, br St. Petersburg; Lord
Petre, for the Mauritius; Cmitrea, for Hamburg; Ran.
ger, for Bremen.

VESSELS SPOUN WITh.
Hope, from Liverpool for New Orleans, May 16, off
Florida Reef.
Ameer, from the Mauritius fur London, April 12, in lat.
35 S., long. 19 W.
Wilhelmine, from Mauritius from Liverpool, April 13,
in let. 33 S., long. 16 E.

SEABORNE MAILS.
[N signifies that the mails are lent from the General Post-offiet
by the night—and M by the morning—eitspatelt.J

PLACES.

i When made up in From what' „,,
General Port-office port dia- " "1
due
London. patched.

!Jane 20 .. ..

Liverpool.. Arrlv,
Liverpool..
Southampt. June
/Plymouth July 1
(Dover .. June
Dover .. Daily
Southampt. July I
'Southampt. July 1
Southampt. June
Plymouth.. July 3
;Dover .. June 2
(Southampt. June 2
Southampt. Tn. Tit
Southampt. June
Dover .. Twiel
Dover Juno
London .. Tues.
:Loudon .. Moe.'
Southampt. ,June
Holyhead •• iTwicc
Southampt. Juno
Dover • • !Arriv

America (by Brit. pkt.)N,
America (by U.S. pkt.) NI
America (by U.S. pkt.) DI June IS
Africa (West coast).. Nll4th of the month
Alexandria* ••.• • • • • Nll9th & 30th of mo.
Belgium .. •• •• N Daily .. • • j
Brazil .. • •• M 9th of the month
Buenos Ayres • • M 9th of the month f
Callfornia(via Chagres) Mi 2d & 17th of moat
Cape of Good Hope 1/114th of month
Constantinople* .. • • 3Tl7th 17th 27th of not
Central America .. Ml2d & 17th of men.
Channel Isles • • NIMon., Wed., &Fri.l
Chill •• Mjl7th of the menth
France .„ M & N.Twice daily ..
Greece* . • • • N 7th I 7th 27th efmo
Hamburgh .. N Tuesday & Friday
Holland .. • • .. 111 Wednes. & Satur.
Honduras . • N,l7th of the month,
Ireland .. ••. M& N Twice daily .. • •
India(via Southamp.) M 20th of the month
India (via Marseilles) N7th&24thefmonth
Mediterranean (via
Southampton) • • MlOth of the month
Mediterranean (vIA
Marseilles) .. Nl7th& 24tk of month!
Mexico •• 31,2 d of the month..
Madeira .. • • • . 3119th of the month
Malta* 117th,170,19t1,27thl

Southampt. June

_ , & 30th of month
NAPles* .. •• •• 113th 15th 25th ofmo,
Papal States* .. .. 11 5111 15th25th of mo
renimdar• • • • •• M 7th 17th 27th of mo
Peru .. .. •• •• M 17th of the month
Tuscany* .. .. •• 2.lrsth 15th 25thofmo
West Indies .. ~, (
West Indies M 17th of the month
excel
II
HaHavana&Nassapt
u) M.2d of the month ..
* The mails to those c onntries tkus mart
French packet vta Marseilles.
Catfroarili.—Mails to and from Callfomi
are now despatched and due by every Ameri,

!Dover • • lArrii
Southampt. July
Southampt. !July
} Dover !June

Dover •• IJune
Dover .. 'Jane
Southampt.!Arrlvi
Southampt. June !
Dover •• :June
Southampt. June

f Sonthampt. July 5
zed (•) are conveyed by

ila, via the United States
ican packet.

LAW INTELLIGENCE.
COURT OF COMMON PLEAS, June 13.
(Sittings in Banco.—Trinity Term.)
HELSHAM V. lILACRWOOD AND ANOTHER.
In this case the plaintiff is a captain of militia, and
the defendants are the publishers of Blackwood's Maga-
sine. The action was brought for a libel published in
the last December's number of that publication. The
declaration—after stating in the usual form that the de-
fendants, intending to injure the plaintiff, and to bring
him into public scandal and disgrace, on the Ist of De-
, cember,lBso, falsely and maliciously published of and
concerning him, in a magazine called Blackwood's Edin-
burgh Magazine, a false, scandalous, malicious, and de-
famatory libel—then set out, from an article headed
" Modern State Trials," the following paragraph:—
" We ourselves were present at a remarkable trial for
duelling, about 18 or 20 years ago, at the Old Bailey,
before the late excellent and very learned Baron Bayley,
on which occasion he also laid down the rule of law re-
specting duelling with uncompromising firmness and
atraitghforwardness. This was the case of Captain Hels-
ham, who had shot Lieutenant Crowther in a duel at
Boulogne. There were rumours of foul play having
been practised, and a clergyman, the brother of deceased,
made strenuous and persevering efforts to bring Captain
Holahan to trial. The latter continued for some time
after the duel in France, though anxious to return to
England, and after (as we have heard) taking the
opinion of a well-known counsel at the criminal bar,
who advised him that ho could not be tried in this
country for a duel fought in a foreign country, not
under the British Crown—he came to Eng-
land, where he was instantly arrested under the sta-
tute of 9th George IV., chap. 31st, sec. 7, which had
been passed two or three years previously—viz., in 1823
—and must have altogether escaped the notice of the
counsel in question. That Act authorised the trial, in
England, of any British subject charged with having
committed any murder, or manslaughter abroad, whe-
ther within or without the British dominions, as if such
crimes had been committed in England. Captain Hels-
ham was admitted to bail to meet the charge, and
having duly surrendered, took his place at the bar of
the Old Bailey at nine o'clock on a Saturday morning.
He was a middle-aged man, of gentlemanly appearance,
his features indicating great determination of character,
but they wore an expression of manifest anxiety and
apprehension as ho entered the dock, and, looking down,
beheld immediately beneath him the brother of the man
he had shot, and through whose ceasless activity he was
then placed on trial for his life as a murderer. And be
was to be tried by an uncompromising judge, stern and
exact in administering the law, and animated by a pure
and religious spirit, but withal thoroughly humane.
Throughout the whole of that agitating day the prisoner
stood firm as a rock, sometimes his arms folded, at others
his hand resting on the bar; while his eyes wore fixed
intently on the judge, the witnesses, or the counsel,
every now and then glancing with gloomy inquisitive-
ness at the jury and the judge. His lips were from first
to last firmly compressed. It was understood that the
counsel for the prosecution were in possession of a
damning piece of evidence—via., that the prisoner had
spent nearly the whole of the night immediately pre-
ceding the duel in practising pistol firing. However the
fact might be, it nevertheless was not elicited at the trial,
and probably the prisoner who had been prepared for
such evidence being produced, began, on finding that it
was not so, to take a more favourable view of his chances.
As the case stood, however, it looked black enough to
those who knew the law and the character of the judge
who sat to administer it. That venerable person began
his summing up to the jury about seven o'clock in the
evening, and the scene can never be effaced from our
memory. The court was extremely crowded; the lights
burnt brightly, exhibiting anxious faces in every direc-
tion, but what a striking figure was thecentral one—that
of the prisoner! Immediately over his head was a
mirror, so placed as to reflect his face and figure vividly,
especially to the jury. A few moments after the Judge
had commenced the charge we observed the Ordinary of
Newgate glide into court—the late Rev. Dr. Cotton—in
full canonicals, and with flowing white hair, having a
picturesquely venerable and ominous appearance, and
take his seat near to, but a little behind, the judge. It
was then usual for the Ordinary to be present at the
close of capital cases, in order to add a solemn amen to
the prayer with which the sentence of death concluded,
—"flat God would have mercy on the soul of the con-
demned.' Gentlemen of the jury,' commenced Mr.
Baron Bayley amid profound silence, 'we have heard
several times during the course of this trial of the law of
honour, but I will now tell you what is the law of the
land, which is all that you and I have to do with. It is
this—that if two persons go out with deadly weapons,
intending to use them against each other, and do use
them, and death ensues, that is murder—wilful murder.'
He paused for a moment, as if to give the jury time
to appreciate the dread significance of his opening.
As soon as he had uttered the last two words Captain
Helsharn's cheek was instantly blanched. We were
eyeing him intently at the moment, and shall
never forget it. He stood, however, with rigid
erectness, gazing with mingled anger and fear at the
judge, whom he felt to be uttering his death warrant,
and after a while bent his eyes on the jury, from whom
they wandered scarce a moment during that momentous
summing up, one which with every word was letting fall
around him, as he must have felt, the curtain of death.
The law of honour,' said the judge, towards the close
of his charge, 'is an imposture—a wicked imposture—
when set against the law of the land, and the
law of God Almighty, claiming the right to take
away human life. I tell you, who sit there
to discharge a sworn duty, that a fatal duel is
a malicious homicide, and Om is wilful murder.' the

CONDEMNATION OF COUNT BOCARME.
The following telegraphic dispatch was received in
Paris yesterday:—
On Saturday evening Count Bocarm4 was condemned
to death. The Countess was acquitted.

1 The LORD CHIEF JUSTICE—But if the libel alleged
that the plaintiff had watched behind a hedge, as he had
got his adversary to go there under a false pretence, and
rushing out had stabbed him in the back, on a trial for
the libel all these facts might be left to the jury.
Mr. PEACOCR—By discussing the question whether a
duel was conducted in a fair and proper manner or not,
the Court would hold out to the world that a duel
might be legally conducted in a fair and proper manner.
On behalf of the plaintiff the Learned Counsel con-
tended that the plea was bad, and, if so, it was unneces-
sary to argue in support of the replication.
The LORD CHIEF JUSTICE, in delivering judgment, said
the course the case had taken had rendered it unneces-
sary for the Court to express any opinion as to the suffi•
ciency of the replication, although the Court had a very
strong opinion on that subject. The plea professed to
justify the whole of the libel, and did not give a full
answer to it. The substance of the libel was, that the
plaintiff committed a murder under circumstances of
great aggravation; and the justification was, that he
committed simple murder. The libel mentioned circum-
stances to show that there was not only malice conducing
to the death of the deceased, but that murder was in the
plaintiff's contemplation when he engaged in the duel.
It would be doing a serious injury to public morals to
hold that it made no difference in public estimation
whether a duel had been fought unfairly or not. It was
true that it would not do for the Court to countenance
any such distinction on a trial for murder by duelling;
but a trial for libel, in making such a charge, was a dif-
ferent matter, and would be estimated differently by the
public. On a trial for libel aggravating circumstances,
if such exist, must form part of the inquiry. As the
plea professed to justify the whole libel, and did not do
so, he thought the plaintiff entitled to judgment.
Mr. Justice MAULE was of the same opinion. If a
defendant justified a libel, ho must justify everything in
bis plea, or it would not be a good plea. If a crime was
charged, it must be justified; if the crime were charged
with aggravating circumstances, the aggravating circum-
stances must be justified; for, although in the present
case the charge of practising with pistols the night be-
fore would not make the murder legally a different
murder, yet it would make the libel a worse libel.
Mr. Justice CRESSWELL was of the same opinion. The
plea did not justify the whole libel. It was urged in ar-
gument that the circumstance described as " a damning
fact" was merely evidence to prove the principal offence
imputed—namely, the crime of murder—and therefore
that the plea substantially justified the libel. But ho
thought that was not so, but that it must be treated as a
separate and distinct matter, as tending to disparage
the plaintiff's character beyond the principal offence
charged.
Mr. Justice TALFOURD was of the same opinion. No
one could doubt that in the mind of the writer of the
article, at least, the matter of aggravation made a con-
siderable difference, because he spoke of this circum-
stance as " a damning piece of evidence," and added,
that although no evidence was given of it, " the case
looked black enough" without it. He thought, there-
fore, that this allegation ought to have been justified,
and was of opinion that the plaintiff was entitled to the
judgment of the Court.
Mr. PEAcocx then prayed leave to amend the plea.
Mr. KEANE said he would not oppose the application
if the defendants would tender issue on any fact. The
plaintiff was anxious to join issue on that which was the
sting of the libel—the charge that the plaintiff had prac-
tised pistol shooting the whole night before the duel;
although he protested, after the lapse of twenty years
since his acquittal, being again put on his trial, as it
were, for murder. The plaintiff had several grown up
children who had drawn his attention to the article; and
as this libel touched the honour and interests of his
family his only object was to disprove an unfounded im-
putation.

Mr. PEACOCK said the defendants had, from the first,
tendered an ample apology.
Mr. KEANE said the apology offered was not what the
plaintiff could accept.
Mr. PEACOCK—We offered that you should dictate the
apology yourselves.
Mr. KEANE denied this, but stated that the plaintiff
would be willing to accept any apology which any of
their Lordships might dictate.
The CHIEF JUSTICE—We cannot do that.
Mr. KEANE—Or which any gentleman of the bar,
named by your Lordships, might dictate.
Mr. Justice CRESSWELL thought no apology could be
so satisfactory to the plaintiff as that which might cone
voluntarily from the defendants, and which was not the
result of d'etation.
Mr. Justice MATTLE—No doubt the publication gave
the plaintiff very great pain, and no doubt the writer
was not aware that at this period of time the subject of
his narrative was in existence, and was very sorry to
have inflicted that pain. It certainly would be hard to
put the plaintiff again on his trial on a matter so deeply
affecting his feelings and character after the lapse of so
many years, and it would be far hotter to settle it by an
apology.
The LORD CHIEF JUSTICE—WO will let the matter
stand over till Monday, and in the meantime, no doubt,
the parties could agree upon a satisfactory apology.
The case was therefore adjourned; the Court pro-
nouncing no opinion whether it would allow leave to
amend or not.

CLYDE, JUNE 12.—S1d. Eleanor, Berbice; Sea. Tri-
nidad; Palendar, Boston, United States.
DUBLIN, JUNE 18.—Sind
Joven
Bayouese, Echeyareo, Alleant.

jury retired to consider their verdict, and the judge at
the same time quitted the court till his presence should
be required again. Captain Helshain, however, conti-
nued standing at the bar almost motionless as a statue.
After a prolonged absence of an hour and forty minutes,
the jury returned into court. The prisoner eyed them
as one by one they re-entered their box, with a solici-
tude dismal to behold, and the irrepressible quivering of his upper lip indicated mortal agitation. The ver-
dict, however, was ' Not Guilty,' on which the prisoner
heaved a heavy sigh, passed his hand slowly over his
damp forehead, bowed slightly and rather sternly to the
jury, and was then removed from the bar and released
from custody, When the verdict was a few minutes af-
terwards communicated to Baron Bayley, who had re-
mained in attendance in an adjoining room, he remarked
gravely, I did my duty—it is well for Capt. Ilelsham
that the verdict is as it is; had it been the other way, I
should certainly have left him for execution.' In that
case the duellist would have died on the gallows on the
ensuing Monday morning."
The declaration then complained that by the publication
of this libel his good name and reputation had been
brought into public scandal and disgrace, and that he had
been shunned and avoided by divers persons, and other-
wise injured to his damage of 5,000/. The defendants
pleaded to this declaration that on the Ist of April, 1829,
the plaintiff was engaged in a duel at Boulogne with one
Joseph Crowther, whom he there mortally wounded
with a pistol, and that the plaintiff " feloniously, wil-
fully, and of his malice aforethought, did kill and murder
the said Joseph Crowther." In another plea the de-
fendants pleaded that the plaintiff was tried at tho Old
Bailey, on the 9th of October, 1830, before Sir John
Bayley, Sir John Bernard Bosanquet and others, and
that the plaintiff's ease looked black enough to those
who knew the law and the character of the judge, and
that there existed up to the period of the said trial re-
mours of foul play having been practised by the plaintiff
in the said duel, and concluded with a justification of
the publication of the libel. The plaintiff replied that he
had been tried for the said offence and acquitted, and
that, therefore, the defendants ought not to be permitted
to aver that he had feloniously killed and murdered the
said Joseph Crowther. To t. is replication the de-
fendants demurred on the ground that they were not es-
topped by the verdict of acquittal, they not being parties
or priviles to the prosecution or indictment. Mr. Peacock, Q C., Mr. Cowling, and Mr. Warren ap-
peared for the defendants in support of the demurrer;
and Mr. Keane and Mr. Quain for the plaintiff in sup-
port of the replication.
The Learned COUNSEL for the defendants contended
that the replication of acquittal was no estoppel to the
plea charging him with being guilty of the offence; for
although a man might be acquitted on a charge of forg-
ing a note, it did not follow that he could therefore re-
cover on the note. The matters stated in the replica-
tion were res inter alias acts, and could form no ground
of estoppel to the defendants. The verdict of acquittal
was conclusive evidence of innocence so far as punish-
ment for the crime was concerned, but not otherwise.
The plea was then said to be bad, because it did not
answer the whole declaration, as it left unanswered the
accusation that the prisoner had spent nearly the whole
night before the duel in practising pistol firing. But
this was merely matter of evidence, tending to show
that the plaintiff was guilty of murder. The Court could
not try whether the duel was fair or not.
The LORD CHIEF JUSTICE—The issue is not murder
or no murder, but libel or no libel.
Mr. PEACOCK—Was murder a worse crime because
the murderer sat up all the previous night practising the
weapons he was about to use? This avernment in the
declaration was, he submitted, merely evidence of the
intent to murder.
Mr. Justice MAULS—Malice is an essential ingredient
of murder, and there might exist more malice than was
necessary; but, if that were averred, in order to support
a justification, it must be proved. It would not be suffi-
cient only to justify so much as would constitute murder.
The CHIEF JUSTICE—It was the laudable object of
the writer of the alleged libel to discourage duelling, and
it would surely be a dreadful thing in the Court to hold
that it was no aggravation of the crime that the offender
sat up the whole night practising his weapons.
Mr. Justice TALFOURD—Had it been stated that he
had secretly drawn the charge from his adversary's
to pistol, it would not have been more a murder, bat it
4.8 a would have been matter of affirmation.
20
Mr. PEACOCK—If a man has been killed at a.o fight, fight, we do not inquire on the trial of his antagonist
sat, whether ho was trained before the fight or not.
rkur Mr. Justice MAULS—But we do whether or not be
sail y held a piece of lead in his hand to make his blows the
a heavier. Suppose the libel said in terms the plaintiff
was a duellist, and not only so, but that he had fought
several duels in a malicious, unfair, and ungentlemanly
manner, would not that be an aggravation of the charge,
and would it justify the libel to prove that he had fought
a duel?
Mr. PEACOCK—The Court would not inquire whether
a duel had been fairly fought or not, nor whether mur-
der had or had not been committed in a gentlemanlike
manner.
Mr. Justice MAULS—There was great difference, as
every one knew, in these cases, and persons were some-
times convicted of murder, and yet, with the concurrence
of everybody, the extreme penalty of the law was not
visited upon them. Nobody said the French law was
unfit for a civilized people because it allowed of verdicts
of murder " with extenuating circumstances."
Mr. PEACOCK—Suppose the libel to allege that the
' plaintiff had committed an ungentlemanlike murder,
could the judge leave it to the jury to determine that
fact?

BO TV-STREET.
Thomas Erskine Souper, the secretary of the Thames
Plate Glass Company, was placed at the bar before Mr.
Henry, charged with embezzlement.
From the statement of Mr. Freshfield, the solicitor,
who attended to prefer the charge, it appeared that the
prisoner had appropriated several sums of money which
bad been paid to him as the representative of the com-
pany by persons in Manchester and elsewhere, with
whom business had been transacte-l. Finding himself
unable to refund the money, he disclosed the circum-
stance to Mr. W. Bale money, the collector of the company,
and earnestly begged him to keep the matter private
until an opportunity had been given him, within a rea-
sonable time, to make up the amount of his defalcations.
This indulgence was granted to the prisoner, who sub-
sequently paid in 50/. and 204 in respect of two of the
accounts which he had collected. He was unable,
however, to provide the amount of a third account,
41/. 4s. 3d., before the defalcation became known to
his employers, by whose direction ho was then given
into custody.
Mr. Freahfield stated that he only intended to call
the collector on the present occasion, as a remand would
be desirable, owing to the prisoner's ill health.
The collector then deposed as to the admissions made
by the prisoner, and his subsequent repayment of a por-
accounts
tion of th
rom these omtions, giving the particulars of the
fpany's books.
Mr. HENRT animadverted upon the imprudent con-
duct of this witness in suffering the company to remain
so long in ignorance of the prisoner's defalcations, es-
pi cially as it did not appear that he had anytmea,
means of
knowing to what extent the prisoner had committed
them.
The prisoner said he had been driven to his present
misfortune by some unsuccessful railway speculations,
and bad hoped, in a short time, to restore the whole of
the money, which ho had employed to extricate himself
from other liabilities.
Mr. HENRY remanded him for a week.
MARLBOROUGH-STREE7'.
Mr. Pennington, who attended on Friday to complain
of the conduct of the police in stopping his four-horse
drag in Pall-mall, as the Queen was going to the Opera,
came to the Court to apologise to Mr. Hardwick for
having, as stated in the papers, presumed to differ from
the opinion of the magistrate. He declared that he had
no intention whatever of offering the slightest disrespect
to the Court, nor did he mean to conve y any expression
contrary to the opinion expressed by the magistrate.

SHOCKING CASE OF 211U1?DER—00111-
MITTAL OF THE MURDERER.
WOLVERIIAAPTON, SATURDAL—Yesterday (Friday)
morning a young man, named James Jones, was brought
up in custody, and placed before Joseph Walker, Esq.,
the mayor, and William Warner Esq., charged with
the wilful murder of Catherine
Morris, with whom he
had cohabited, by cutting her throat. The accused is
about 32 years of age, a labourer or navigator. The
following is a summary of the evidence taken:—
John Lawson, a boatman, living at the back of the
Brown Bear, Litchfield-street said that the prisoner in
the dock, and also the deceased, lodged in the same
house, as well as three other females. Matthew White-
house was the landlord. He had known the prisoner
about 10 or 11 days. A few days since he heard the de-
ceased tell the prisoner that'she did not want to have any-
thing more to do with him, but added that she would never
see him want a meal of victuals. They were then at
variance with each other, and he said, if she did not
mind her P's and Q's he would make a public show
before he went out of the town. On Monday night
last witness was in the kitchen of the Brown Bear,
when the deceased was sitting at the side of
hire. The prisoner then came in and asked for his
things. The deceased took off a handkerchief she was
wearing, and, placing it on the table, said, " Here's
your handkerchief; now go into the house, and Sally
will give you the remainder of the things belong g toin
you.' The prisoner replied, " No, I shan't
go; yo u p
come and go along with me." The deceased then got u
and went with him. Witness followed, and in half a
minute's time saw the right arm of prisoner round de-
ceased's neck, and he pretended to kiss her, when ho
drew his left arm over her neck very sharp. Deceased
gave one scream, and partly fell. Witness went up and
laid hold of the prisoner, and said, " So you've done the
job have you?" He replied, " Yes, I have." Witness
added, " Why, she's dead!" when he replied, " I hope
so, and don't care how soon I am also dead." Witness
dragged him to the police-office, and on going back found
a large clasp knife stained with blood which he had seen
the prisoner eating his dinner with on the previous
Sunday. The prisoner was quite sober when he entered
the house, and was not in the least excited.
Other witnesses gave corroborative testimony in sup•
support of this statement. a
Ths prisoner, who Yin
when called upon, said he had
of wilfully murdering
the deceased.
......___

SUICIDE OF A Gam_ -------------18
ENTLEMAN AT
___RENTFORD.— On
Saturday afternoon a gentleman, about 34 years of age,
named William Granger, the son of a most respectable corn
merchant residing at Brentford, put an end to his existence
by shooting himself with a pistol. When the unfor unate
man was found by his family the pistol was lying by hii side
and life was quite extinct. No cause has b for
the rash act, except that it is known he haseen forass somigened time
past been living a dissipated life.
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