The Sun.
London, England, 1851-05-22 00:00:00

TRANSPORTATION TO VAN DIEATIEIV'S
LAND.

The following is a copy of a petition to Parliament on
this subject:—
The humble petition of the undersigned merchants trail-
ing with the British colony of Van Diemen's Land,
and others connected with the said colony,
Respectfully shevveth—
That the colony of Van Diemen's Land having, in the
year 1840, been made the sole receptacle of convicts
sentenced to transportation, a most fearful state of things
was engendered in the said colony, to the great dismay
of the colonists, and the scandal of the nation at large;
and that it was accordingly determined, during the ad-
ministration of the late Sir Robert Peel, to establish a
new settlement in Northern Australia for the reception
of offenders.
That the administration which followed Sir Robert
Peel's resolved to arrest the formation of the settlement
of Noth Australia, and to suspend the transportation of
convicts to Van Diemen's Land for two years; and
afterwards, apparently on profound reflection, they de-
termined to abolish transportation altogether to Van
Diemen's Land, and to adopt a system of secondary
punishment, of which the distinguishing features were
the punishment of offenders in penitentiaries in this
country, and their subsequent wide dispersion through
various colonies of the empire.
That her Majesty's Principal Secretary of State for
the Colonies accordingly advised the Lieutenant-
Governor of Van Diemen's Land, on the sth of February,
1847, that it was not intended to revive transportation
to that colony at the expiration of the two years for
which it had been decided that it should be discontinued;
and that the Lieutenant-Governor announced this in-
struction to the Legislative Council of the colony in the
following words :-
1 " I take the earliest opportunity of bringing before
you the decision of her Afejesty's Government, that
transportation to Van Diemen's Land shall not be re-
sumed at the expiration of the two years for which it
has already been decided that it is to be discontinued.
Her Majesty's Government, in coming to this determi-
nation, have acted in accordance with the expressed,
wishes of a large proportion of the free inhabitants of
the colony."
And, furthermore, that the said Lieutenant-Governor,
on the 20th of August, 1847, in a dispatch to the Secre-
tary of State, warned her Majesty's Government against.
the revival of transportation to the colony in any form,
in these words:—
"As her Majesty's Government have decided that
transportation is to cease, and as that decision
has been publicly made known in the colony,
I do not consider that it would be possible,
or desirable, to carry out the suggestions contained
in my dispatch, No. 83. The feelings of a large
portion of the community are so fully enlisted in the op-
position which has been raised to the convict system
here, that any attempt now to revive the system, in any
form, would be looked upon by them as a breach of
faith, and would cause, I have no doubt, feelings of hos-
tility which would be very embarrassing to the Govern-
ment."

That, in the year 1348, her Majesty's Government,
notwithstanding its promises, resolved to continue the
transportation of convicts to Van Diemen's Land; and
that the great body of transported offenders have been
sent to the said colony ever since.
That, between the year 1840 and the present time,
petitioners have heard and believe that no less than
30,000 convicts have been sent to Van Diemen's Land;
that upwards of 12,000 free people have, in consequence,
been driven forth from the colony, to seek homes and
employment elsewhere; and that, by the census of the
colony, taken in 1848, it would appear that three-fourths
of the adult population were, or had been, convicts—a
proportion which, it is believed, has since increased.
That the colonists are in a state of the utmost discon-
tent at this revival of transportation, in the face of the
pledges of her Majesty's Government, as solemnly an-
nounced by her Majesty's representative. That bishop
and clergy, the ministers cf various denominations,
members of the Legislature, magistrates, merchants, pa-
rents, and guardians, on behalf of their children, and
the respectable free people generally, of all ranks cud
stations, have over and over, in various petitions to her
Majesty the Queen, the Lords Spiritual and Temporal,
or your Honourable House, prayed relief against the in-
credible wrongs done to them by the continued trans-
portation of criminals to Van Diemen's Land, and that
the pledges of her Majesty's Government should at
length be honourably fulfilled.
That, finally, the women of the colony have lately ad-
dressed her most gracious Majesty the Queen, appealing
to her sympathies as a mother as well as the sovereign
of a great empire.
That, nevertheless, her Majesty's Government still
persist in sending large numbers of convicts to the said
colony.
That, unhappily, a feeling of hostility to the free colo-
nists seems to be arising in the minds of some of the
convict classes in the said colony; who, falsely, no doubt,
interpreting certain statements of her Majesty's Govern-
ment, appear to regard the colony as theirs, and the
free colonists as intruders.

That, with the discontent of the colonists on the one
hand at what, in the language of their governor, they
must inevitably regard as a breach of faith, and the
exasperation of the convict classes on the other, your
petitioners entertain the most serious apprehensions that
calamities may arise in the said colony which your
Honourable House will ever deplore.
That the wrongs inflicted on the said colony have
aroused the sympathies of all the neighbouring colonies,
and the whole of Southern and Eastern Australia is
agitated on the subject of transportation; while in Van
Diemen's Land leagues have been entered into among
the colonists not to employ convicts arriving after a cer-
tain day of the last year; at the same time petitioners
have heard and believe, that among the convicts active
efforts are being made, on every homestead, to intimi-
date and drive away any free labourers employed by the
colonists.

That, in this alarming state of things, your petitioners,
as deeply concerned in the well-being of the colony of
Van Diemen's Land, humbly, but confidently submit to
your Honourable House, that every consideration of jus-
tice and good faith, religion and morality, as well as of
good policy, requires that henceforth no more convicts
be sent to the said eolony; and they submit that it would
be grievous indeed if the future nations of Australia
should date their alienation from this country from such
a cause as their compulsory contamination by the parent
state.

Your petitioners therefore humbly pray that
your Honourable House, taking the premises into
serious consideration, will adopt such steps as to
your Honourable House may seem meet, at once
to arrest the further transportation of offenders to
the colony of Van Diemen's Land.
London, Nay, 1851.

BRITISH LADIES' FEMALE EMIGRANT
SOCIE i Y.
On Wednesday the second annual meeting of this so-
ciPty was held at the Hanover-square Rooms; the Earl
of Harrow by in the chair.
The CHAIRMAN, in opening the proceedings, said
the meeting was aware of the increasing efflux of
enligants from this country to distant colonies, and
that that those emigrants would constitute the pa-
rents of future communities, possibly of future em-
pires. It was true that some abuses had occurred
upon the passage outwards ; but the object of this
society was to protect the female passengers from insult-
ing danger. This visa done by the selection of religious
and moral matrons, who were generally appointed by the
Government, and by providing the female emigrants
with snitable employment on the voyage. The society
required support and sympathy, the more particularly at
present, when emigration was greatly upon the increase.
It appeared, from the report, that the society had from
its commencement proposed to itself four objects:—
" 1. To establish homes for the reception of the female
emigrants, where they may be instructed and prepared,
prior to their leaving their native country. 2. To pro-
vide visitation at the psrts, where the emigrants are
formed into industrial classes, and supplied with means
for their instruction and employment during the voyage,
through the agency of the visiting committees. 3. To
secure the appointment of judicious,and efficient matrons
for the supermteneenee of the young women on the
voyage, through the agency of the matrons' committee.
1. To form corresponding
_societies in the colonies for
the protection and assistance of the female immigrants
on their arrival.

" During the past year twelve matrons have been ac-
cepted by her Majesty's Colonial Land and Emigration
Commissioners, and five by the Committee of the Female
Emigration Fund, on the recommendation of the Matron's
Committee. From many of these letters have been re-
ceived, and others may be now daily expected. The Com-
mittee are anxious to have a supply of matrons in readiness,
that they may have leisure to prepare for their duties
before they sail. Such matrons as are approved by the
committee, while waiting their appointment, meet the
secretary weekly, to go through a course of religious
reading, such as they will find useful with the female
emigrants, and also to arrange the needlework which
will be committed to their charge during the voyage.
" The following briefly shows the state of the finances
for the present year:—From April, 1850, to April,
1851—Lotal receipts by annual subscriptions, 3081.48.
2d.; donations, 3601. 14s. 6d.; collections, 621. 55.; ba-
lance remaining from last year, 4054 193. 4d. Total,
1,1371.35. Expenditure, 8114 12s. 6d. Balance in hand
April, 1851, 3254 10s. 101" ,
The report was adopted, and after the passing of reso-
lutions in favour of continued support being exteneded
to the society, the meeting separated.

DISCHARGE OF CAPTAIN PAULETT SOMERSET.--
Yesterday morning Captain Paulett Somerset, having corn..
pleted the term of his imprisonment, was discharged from
the House of Correction, Coldbath-fields. A great number
of persons had assembled to witness his departure at the
usual hour, but the gallant officer had been discharged
about an hour before that time.

FALAIOUTET, MAY 18.—On Saturday morning
James Williams, a young fellow representing himself to be
a seaman cast away at Lunday Island, and to have tramped
from Padetow to this place, with which tale he had imposed
Just before on the Custom House authorities to procure a new
register ticket, was committed to take his trial at Bodmin,
charged with stealing a bag and two rabbits from the Ord-
nance Farm at Pendennis. The patrol of the coast guard
met with him at midnight with the bag near the farm-house,
and suspecting him of having contraband goods detained
evening, Airs.
him until the arrival of the constabulary.
V°RaVORACITY or A RAT AT HULL.—On Wednesday
Carr,
child abo • , ut eight months old, and then fast asleep, in bed,
and left the house on business. On her return, in about
thr
scr ee-quartereaming dreadfully ; and rushing
t of English-street, placed her infant
s of an hour, she was alarmed at hearing it
to the bed was horrified
to find it actually drenched in bloodf A brief examination
sufficed to discover a number of small wounds, evidently
inflicted by teeth, and doubtless those of a rat, about its
neck, face, and arms, from all-of which the blood was issu-
ing profusely. Dr. Bell was immediately called in, and 1
under his judicious care the wounds were staunched ; azd i
the little sufferer is now doing we 11...-26411 Packer.

LAW INTELLIGENCE.
EXCHEQUER 12:JAMBER, May 20.
(Before Lord CAM2D.LL, Mr. Justice PATTESON, Mr.
Justice COLERIDGE, Mr. Justice Unmet Mr. Jus-
tice CRESSWELL, and Mr. Justice TALFOURD.)
BOOSEY V. JEFFRIES.
Lord CAMPBELL, in delivering the judgment of the
Court, said that in this case the action had been
brought by the plaintiff against the defendant for the
pirating and using a musical composition, being a
cavatina in the opera of La Sonnambula, which was
composed by Bellini. The declaration was in the
common form, alleging that the plaintiff was the pro-
prietor of the copyright of the opera, and that the
composition in question was first published in Great
Britain. To this declaration there were two pleas—
first, that the plaintiff was not the proprietor; and
secondly, that there was no copyright. At the trial,
which took place before Mr. Baron Rolfe, now Lord
Cranworth, evidence was given that the opera was
composed at Milan in February, 1831, by Bellini,
who was an alien, and who then resided in that city.
By the law of Milan, he was entitled to a copyright
of his work ; and accordingly, in May, 1831, he
assigned his copyright to Giulio Ricordi, an
alien, also residing at Milan, who, on the 9th of
June following, assigned the copyright for Great
Britain and Ireland to the plaintiff, a native of Great
Britain, and he published it in London on the 10th
of June, 1831, there having been no prior publication
of it in any other country. On the 12th of June, the
plaintiff entered his work at Stationers' Hall, and
deposited copies at the British Museum and other
places required by the Act of Parliament ; and on the
13th of May, 1844, he made entries at Stationers'
Hall, as required by the sth and 6th Victoria, c. 45,
for the purpose of continuing his right. The Learned
Judge, in accordance with the decision of the Court
of Exchequer, in the case of Boosey and Purday,
directed the jury to find a verdict for the defendant,
on the ground that the evidence was not sufficient to
establish a copyright. The jury, therefore returned averdict for the defendant, upon which a bill of excep-
tions was tendered to the ruling of the Learned Judge,
and so the present writ of error was brought. After
listening to a learned argument, and carefully consi-
dering all the authorities, we are of opinion that the
evidence was sufficient to support both issues,
and that there ought to be a venire de novo. The
first question was, whether the author had a copy-
right, but that is not essential in the present case. If
it were, we should be of the same opinion as my Lord
Mansfield in the case of "Miller and Taylor," 4 Bur-
roughs, 2,380. 'We think that, under the statute of
the Bth of Anne, c. 19, the plaintiff was entitled to
maintain the action. In Boosey and Purday, in
which the Court of Exchequer overruled the decision
of the Court of Queen's Bench and Common Pleas,
which are authorities directly in point, it was decided
that a foreign author residing abroad, who composes
a work abroad, and sends it to this country, where it
is published under his authority, acquires no copy-
right therein, neither'does a British subject, to whom
that work is assigned by the foreign author, gain any
such right. If these premises be sound, then a Bri-
tish subject who resides abroad cannot be in a better
position ; but with great deterence to that decision,
which must have been strongly maintained, we
are of opinion that it was not the intention of
the Legislature to debar a foreigner from the
power of holding a copyright in this country.
The Parliament has no power to legislate concerning
foreigners residing in foreign countries, but it has
power to grant the monopoly which the statute of
Anne confers, to be enjoyed here, on the conditions
to be performed here. The statute of the Bth of
Anne, c. 19, is an Act for the encouragement of learn-
ing, by vesting the copies of printed books in the
atithors or purchasers of such copies during the times
therein mentioned. Assuming that the Legislature
looked only to the benefit of Great Britain, without
regard to general literature, it is not for the literature
of Great Britain that it should have the benefit of
foreign authorship? If Rapin and De Lolme had
written their valuable works without visiting our
shores, could it be said that they would have been
deprived of the privilege of disposing of their works
to a publisher ? It has always been the policy of
Parliament to introduce foreign literature into the
country; thus by the Ist Richard 111., c. 9, which
waslt
al
aann
ncetr pc
ha sasne
tda for rgehgtu l a
sellt n g them
er
cmhoadned na
ewhich
other restraints on aliens, it is enacted by sec.
12, that aliens may bring any books written or
printed into this country, for selling by retail or
otherwise. The question truly is, whether a foreigner
composing literature abroad, by sending it and first
publishing it in Great Britain, is deprived of his
copyright, whereas, if he resides and composes it
here, it is admitted that he would be possessed of it.
If he bad composed it abroad and brought it over in
his memory, or even brought over the manuscript,
would it have made any difference in his right as
an author ? Can his presence here alter his right
as an author ? If he can bring it over and enter it at
Stationers'-hall himself, which is admitted, why
should he not able to do so by an agent? Where is the
necessity of his crossing from Calais to Dover? The
law will give him redress, though he never set foot in
England ; for, by the 6th of Henry VIII., the Court
of Common Pleas held that an alien residing in
France could maintain an action of debt in this
country, though he could not do so with regard to
real property; and that great judge, Chief Justice
Tindal, held that an alien, though he has never been
in this country, may maintain an action for a libel
published in this country ; and, on delivering
judgment said that it would create in the minds
of foreigners a very unfavourable impression of the
justice of our laws, if we were to hold that an
alien's friends could not maintain an action of that
description in our courts, unless by some interval of
residence here he has incurred the onu.s of what Lord
Coke calls igeantia localis ; and Mr. Justice Maule,
in the same case, said that every day's experience
showed us that actions are maintained here by fo-
reigners—for example, those for running down vessels
on the high seas—without objection. Gibbons wrote
his celebrated work of the " Decline and Fall" in a
foreign country ; can it be doubted that he might
have published and sold his work here had he con-
tinued to reside abroad? What difference can there
be then between a foreigner or a subject domiciled
abroad ? For these reasons we think that if an alien
author, residing in his own country, should cause
his work to be published here, he would be an
author within the Acts, and could maintain an
action for piracy ; but we wish it to be understood
that it must be first publiihed'in this country, for
if it bad been published Pieviously in any other
country he could not gain a copyright here.
The origin of the doctrine /40s up by the de-
fendant seems to bare arisen from a dictum of the
late Vice-Chancellor Shadwell, against the right of a
foreigner, expressed in the cases of Guichard v. Mori,
and in Page and Townsend, which turned on the
construction of several Acts protecting engravings,
one only of which was expressly confined to plates
engraved in Great Britain ; but' these opinions were
merely obiter dicta, and the cases had no connexion
with copyrights. Looking at the context, there is
reason to believe that the Vice-Chancellor only meant
to say that the Court would not protect a foreigner
who publishes abroad. As to the other points, viz.,
that the assignment by Bellini to Ricordi was not ac-
cording to the Act of Parliament, viz., in the presence
of two witnesses, we think that there is sufficient to
show a good title in Ricordi, which be assigned to the
plaintiff in England in the presence of two witnesses.
Upon the whole, therefore, we are of opinion that the
direction of the Learned Judge was wrong, and tha
he ought to have directed the jury to find a verdic
for the plaintiff on both issues. They must, there.
fore, be a venire de novo.

ADMIRALTY COURT, May 21.
(Before Dr. LUSHINGTON.)
THE IMRE—SALVAGE.

In this case the crews of two fishing-smacks of
Harwich proceeded against the Bure for services ren-
dered her on the 9th of November last, off Harwich,
she having run aground on the Pye sand. The sal-
vors asserted she was in a dangerous position, and
were employed in heaving the vessel clear off the sand.
On behalf of the Bure it was asserted she merely
dropped alongside of the sand ; the assistance of the
boatmen was not solicited or required, but that they
forced their services upon the vessel, and that some
coals had been given for the services they had ren-
dered.

Dr. Harding appeared for the boatmen, and Drs.
Addams and Twies on behalf of the Bare.
The COURT considered a trifling service had been
rendered, and awarded the salvors 51. and costs.

LORD MAYOR'S COURT, May 21.
(Before the RECORDER.)
HULSCIIOFF V. CLELAND AND DAT DEFENDANTS,
SCOTT GARNISHEE.
This was a customary attachment in an action for
debt for 700/. The garnishee pleaded that he had
neither moneys nor goods of the defendants in his
possession.
Mr. Ryland and Mr. Randall appeared for the
plaintiff; Mr. Locke appeared for the garnishee.
The plaintiff was a merchant at Amsterdam, the
defendants were merchants at Boston, United States,
and the garnishee was Mr. James Scott, merchant. of
Nicholas-lane. In April or May last year, Mr. F.
Saville Lee, who was the authorised London agent
of the firm of Cleland and Co., of Boston, purchased
on their behalf eleven casks of nutmegs, of the value
of 7001., of Mr. Adrian Meyer, the representative in
London of the plaintiff's house, but one of the war-
rants was returned to Mr. Meyer, be having sold one
of the casks, and the ten others were given by Mr.
Lee to Mr. Scott, the present garnishee, who it ap-
peared was a creditor of Cleland and Day's, to some
amount. To December the house of Cleland and Day
failed, whereupon the plaintiff availed himself of the
process of the Lord Mayor's Court to recover from
Mr. Scott the nutmegs which were still in his posses-

POLICE INTELLIGENCE.
MANSION-HOUSE.
Yesterday Mr. Bell and Mr. Corbett, the pro-
prietors of the G-racechurch-street premises, which
fell on Saturday last, waited upon the Lord Mayor
on the subject of the disastrious occurrence.
Mr. Bell addressed his Lordship in the justice-
room, in an interval of the ordinary business of the
day. He said, "We wait upon your Lordship for .a
twofold purpose. First, to express our sincere
thanks to your Lordship for the promptitude you
have shown in commencing a subscription in guns
public capacity, as chief magistrate, for the unfortu-
nate poor men who are now lying in the hospital, ami
the families of those who were killed by the disastrou s
fall of the premises in Gracechurch- street ; and.,
secondly, to assure your Lordship that we ar e
doing, and still continue to do, all in our power t.e
assuage the afflictions of the objects of the public:
solicitude. We have given directions, that the wages
shall be regularly paid, and that every comfort re-
quired be abundantly supplied, and we hand to your
Lordship a cheque as an earnest of our feelings to -
wards the poor fellows who have suffered, and thei r
families."
The LORD MAYOR said it was most gratifying t
him to find, that the gentlemen who must be loser a
to a very serious extent by the fall of the premises.,
came forward to give such unquestionable evidence o
tbeir:sympathy. He would take care that the press,
which the notice of the contributions received hay
already appeared, should be informed of the libera
act of the gentlemen who had thus waited upon him.,
and he entertained no doubt that he should be agaii
considerably indebted to the newspapers for thei r
powerful assistance, in circulating the claims of the
injured parties, and announcing the amount of sub •
scriptions for their service.
Mr. Bell—lt is our duty also to state to your Lord -
ship our sense of obligation to several gentlemen fo r
their extraordinary exertions immediately after th a
accident occurred. We in particular allude to Mu ..
Tress, Mr. John Stevens, Mr. Edmond Woodthorpf
Mr. S. Wood, Mr. Ashpital, and Mr. Bailey. All
these gentlemen rendered the most valuable as -
sistance in superintending, in places of the most im-
minent danger, the efforts to rescue the workmen who
were buried in the ruins. Of the labour and skill of
those gentlemen, it is quite impossible to speak too
highly. The lives, in fact, of some of them were
constantly exposed to the greatest peril in their anx-
iety to save the lives of their fellow-creatures, so that
the community must feel, upon seeing the acknow-
ledgments o f the witnesses to their efforts day and
night, that the emergency was met by the greatest
intrepidity, as well as by the greatest zeal and talent ;
we are also bound to speak in terms of gratitude of the
exertions of the police who acted throughout with the
most remarkable fi.rmness, resolution, and judgment.
The LORD MAYOR said he had every reason to be-
lieve the police had supported the high reputation
they enjoyed by their conduct on the occasion. He
was perfectly aware of the active labours of the pro-
fessional gentlemen alluded to, whose services upon
the premises were described as having been so effi-
cient, and he was proud to say that they had shown
as great intrepidity as skill. His Lordship then said
he would feel much indebted to the editors of the
daily press by their acknowledgment of his receipt of
the following sums for the sufferers on that day, and
his anxiety to receive most bountiful contributions :
Messrs. Bell and Cc rbett, the proprietors of the pre-
mises, 24/. ; Mrs. Jane Ogden, 5/. ; a family subscrip-
tion, 55.; James Thomson, Esq., 11. Is.; A Friend,
10s. ; John Wagg, Eaq., 2/.
CLERKEN WELL.
Yesterday Alfred Walker and Sarah Mortlake,
the former a sturdy-looking young man, 23 years of
age, and the latter a young and interesting-looking
girl, were placed at the bar, before Mr. Tyrwhitt,
charged by Inspector Brennan, of the G division of
police, with having been concerned in manufacturing
counterfeit coin.
It appeared from the evidence of the Inspector, that
in consequence of information received by the police
that parties were constantly employed in the extensive
manufacture of bane coin, at a house situate 69,
Golden-lane, St. Luke's, he, with other officers, made
arrangements to pay a visit to the place, for the pur-
pose of making a rapture. On their arrival, at about
half-past four o'clock on Friday afternoon, they pro-
ceeded to the first floor apartment, and on opening
the door, they saw the male prisoner at work at a
bench, in the manufacture of base coin. He had a
file in his hand, finishing off some shillings. On see-
ing them (the offic•ers), he dropped the file. The
female prisoner sat quietly in the room, and merely
said to the male prii.3oner, " If you had not introduced
that party this earould not have happened." They
immediately secur ed the prisoners and took them to
the station-house, after which they proceeded to
search the place. On the mantel-shelf they found 43
counterfeit shillings, In the cupboard three moulds,
two of which were so made as to cast three and four
shillings at a time. In a drawer they discovered
counterfeit half-cro, wns, and on a further and more
general search not? ards of 200 pieces of counterfeit
coin were found, all. of superior make and imitation.
Also two galvanic tiatteries, with plates and jars con-
taining strong solul ion, ladles for melting, Queen's
metal spoons, plaint er of Paris powder, and all the
necessary implements usually applied to the manufac-
turing of base coin, the whole of which they seized
and conveyed to the station-house. The property
was row produced in court.
Sergeant Cole ra,d White, &c., who accompanied
Inspector Brennan, gave confirmatory evidence.
The pnsoners Cul iabited as man and wife ; the latter
was much affected whilst at the box, and the male
prisoner supported. her, kissed her and held his arm
round her neck.
Mr. TYRWHITT 'remarked that he never before wit-
nessed the pro'luc ton of so large a quantity of coun-
terfeit coin, &c, highly complimented Inspector
Brennan for having conducted the case in the manner
he had done. He decided on eventually committing
the prisoners to Ne.wgate for trial, but they should be
brought up again ,an a fature day for the formal com-
pletion of the der ositiona.

AURYLEBOIVE.
Yesterday Petit,- Fisher, an omnibus driver, was
charged before Mr. Broughton, at the instance of
Mr. Henry Thomas, Secretary to the Royal Society
for the Prevention of Cruelty to Animals, with the

following misconduct:—
Lock, 660 A, deposed that as he was on duty in
Bayswater-road, he saw the defendant driving his
omnibus towards. town. There were from thirty to
forty passengers in and upon the vehicle, the springs
of which at length broke in consequence of the tre-
mendous load, 2,nd the horses came to a complete
stand-still, upon which the defendant flogged them,
but all to no purpose, as they were unable to draw
the omnibus along. The near-side horse in particu-
lar was lashed in a most violent and scandalous
manner, and a number of persons who had collected
at the spot cried out " Shame."

Mr. 13KouGEtTori—Llow long did the whipping

Yesterday William Cos, a well-dressed boy of
fourteen years of age, was placed at the bar before
Mr. A'Beckett, charged with breaking into the house
of Mr. Edward Ralph, landlord of the Queen's Head,
Freeschool-street, Horselydown, for the purpose of
committing a felony.
Policeman William Thrussell, 148 M, stated that
at half. past two o'clock that morning, while on duty
in Freeschool-street, in passing the Queen's Head, he
observed that the glass fanlight over the private en-
trance in Short-street was broken, and an aperture
made sufficiently large to admit of a man's arm.
Knowing up to twelve o'clock the same night that
the glass was perfect, he suspected that the house
had been entered, and he knocked at the door, and
listened, and distinctly beard footsteps within, but
received no answer, upon which he rung the house
bell and aroused the landlord, who carne down, un-
bolted the door, and admitted him. He (the police-
man) then pointed out the aperture over the door, and
hinted at his suspicions that some person had effected
an entrance, and was probably then concealed on the
premises. They accordingly instituted an examina-
tion of the parlour, tap-room, bar, and other parts at
the lower part of the house, but failed in discovering
any person, until at length they proceeded to the front
of the bar, in a corner of which stood an empty
puncheon, underneath which, the heading next the
floor being out, the prisoner had concealed himself,
and when discovered he stated that he got into the
house before twelve o'clock the night before, and hid
:himself in the puncheon where he was found. On
searching his pockets a box of lucifer matches was
found. The policeman added, that a short time pre-
viously to the discovery he saw two suspicious-looking
men lurking about the neighbourhood, who, when
pszticularly noticed by him went away, and he had
no doubt now that they were acting in collusion with
the prisoner, who, in all probability, intended to have
admitted them into the house by unfastening the
door; that the fan-light was a considerable height
from the street, and that the prisoner must have been
lifted up by other persons, in order to give him an
opportunity of breaking the glass, and making an
aperture to admit his arm, so as to enable him to draw
back the bolt by which the window was fastened, and
through which, it being partly open when discovered,
he must have introduced his body, and thus obtained
an entrance. He (the policeman) further stated, that
the prisoner, although so young, was a lad of very bad
character, and always in the company of thieves ;
that he had been in custody before, and had only re-
cently come out of gaol after three months' imprison-
ment, and suffering the punishment of flogging besides.
The complainant stated that the prisoner's assertion
that he got into the house before twelve o'clock, and
concealed himself in the puncheon in front of the bar
was destitute of truth, for he (the landlord) did not
quit the bar himself till past twelve o'clock, at which
time he fastened the fanlight over the private door,
the glass of which was perfectly sound and secure at
the time. He added, that after he was aroused by
the policeman in the way described, when they
commenced their search in front of the bar, he par-
ticularly noticed that the empty puncheon had been
removed a short distance from the usual spot where
it stood, and underneath which the prisoner was
found—that it was a matter of much surprise how the
prisoner managed to lift up the vessel so as to get
inside, without knocking it down in the attempt; but
however difficult, he surmounted it, and was found
inside in a sitting position. He was also of opinion
that the prisoner's intention was to admit other
housebreakers—his associates—to rob the house, if
the discovery bad not been made in the first instance,
through the attention displayed by the policeman in
the performance of his duty.
The prisoner, who declined saying anything inan-
an-
swer to the charge, was committed, and directionswere given that the record of his former conviction
might be produced on his trial.
LAMBETH.
Yesterday Patrick Cane, John (v-1
William Fahey,james
11,PEllyott, Dennis Harrington,
William Burke, Edward Shanahan, Thomas Lynn,
Thomas Burke, and Edward Slattery, who stood
charged with the murder of Henry James Chaplin, a
the L division, were a •
constable belonging to at
placed within the felons'. dock before Mr. Elliott.
Mr. Bodkin, the barrister, and Mr. Powell, a clerk
in the offices f the solicitor to the Treasury, attended
for the prosecution, and Mr. Games and Mr. Neill
appeared on behalf of the prisoners. Mr. Evans, the
superintendent of the L division of Ponce, and Mr.
Inspector Carter, who has the management of the
case, were also in attendance.
Mr. Bodkin, addressing the magistrate, said, that
since the case had been last before his Worship, Mr.
Carter, the inspector, and the officers engaged nder
his directions, had exerted themselves to the utmost,
to discover the whole of the parties engaged in the
disgraceful and brutal outrage, that led to the death
of the unfortunate man Chaplin, but he (Mr. Bodkin)
regretted to say, that up to the present time they had
not been able to procure evidence beyond that
which brought home the serious offence to more than
three of them, namely, Cane, Hickey, and M'Ellyott.
_Against these, however, there was in his (Mr.
Bodkin's) opinion, sufficient to place them on their
trial on the charge of murder. It was perfectly clear
from the statement of the witnesses, that there were
a greater number of persons, if not assisting in the
murder, at least present when the outrage was com-
mitted, than those whose names he had mentioned,
and though there could be as little doubt that
others at the bar, besides Hickey, Cane, and M'Ellyott,
were present when the deceased received his fatal in-
juries, no information or communication of any kind
had reached the police from any of them. With re-
spect to two of the prisoners, Barrington and Lynn,
he had some additional evidence to offer, and after
doing so, he should apply to his Worship for a further
remand.
The Learned Counsel here called Sergeant Thomas

NED
On the 19th inst., aged 39, Georgina, wife of J. Anderson,
Esq., lessee of the Theatre Royal, Drury-lane.
On the 17th inst., the Rev. John Palmer, M.A., aged 77,
thirty-four years rector of Peldon, Essex.
On the 16th inst., at Milton-next-Sittingbourne, Kent,
John Hinds, Esq., one of the coroners for the county.
On thy; 18th inst., in Lower Belgrave-street, Eaton-square,
Mrs. Elizabeth Jackson, aged 51.
On the 18th inst., at East Farleigh, Kent, Edward Norton,
Esq., Diss, Norfolk, aged 49.
On, the 20th inst., at Addington-place, Camberwell, Sophia,
the tsife of S. IL Shepheard, Esq.

London t Printed and Published by MURDO YOUNG, of
No• tl2, Strand, Printer, at The Sun Office, Xo. 112,
Strand, in the Precinct of the Savoy, in the cosine's
Middlesex, Thursday, May 22, 1861.