The Sun.
London, England, 1851-12-04 00:00:00

MURDER AND ROBBERY.

A moat shocking murder was perpetrated, on Mon-
day evening, about half a mile from Priston, the victim
being a man named George Bush, aged 36, a milkman,
residing at Timabury.
It appears that Bush, who is unmarried, left hie
lodgings at Timabury about half-past ono o'clock on
Monday morning, having, it is supposed, between 4/.
and 5/, in his possession, for the purpose of attending an
auction sale at Pristun (which is about two miles from
Timabury), and promised his landlady (Mrs. Flower)
that he would return early the same evening. Ile was
seen at the sale; but wo are not aware that he purchased
anything. When the sale was concluded, he went into
a beer-house at Priston, called the Ring of Bells, and
remained drinking there with several persona. Between
eight and nine o'clock a dispute arose with him and his
friends respecting the payment of a pint of beer, in the
height of which Bush left to roturn to his own home.
The direction taken by him is extremely lonely, leading
through a field called " Cow Lees," the pathway of
which slopes down into a dell, and skirts Priston Wood.
Bush, however, did not return home during the night,
and Mrs. Flower became very uneasy. Early in the
morning she sent two of her children to look alter him,
giving them instructions to go along the road by which
he ususlly camo when returning from Priston. On ar-
riving at the Cow Lees, about eight o'clock in the morn-
ing, they were very much frightened at finding
ithdelo of
un-
fortunate man lying near the footpath, in the ' md
the field, with his throat cut in a most shocking manner.
Tho children immediately convoyed the information to
their mother, and in a short space of time several men
were on the spot.
When our reporter arrived in the afternoon, the body
was still exposed in the field, surrounded by a large
concourse of persons, and presented a most ghastly ap-
pearance. The wound had evidently y
been inflicted by
a large sharp instrument, which had entered imme-
diately under the chin, laying open the interior of the
mouth, and extending round to each ear; the collar of
the shirt being
had tilled up
the head was a la
t; completely severed in two. The villains
the wound with grass. Underneath
largo quantity of blood, and a shoe t
distan
o Irons the body lay his hat and another pool of

and the Lord Chieljustice Jervis have thought proper
to act with reference to the power now vested in courts
of justice of directing prosecutions for perjury. Our
readers are possibly aware that, by an Act passed in the
twenty-third year of the reign of George II , the justices
of assize, nisi pries, and gaol delivery, were respectivoiy
empowered :to order any witness who committed per-
jury in their presence to be prosecuted; and every
such prosecution was directed to be carried
on without the payment of any fees, either
to the counsel who were assigned to conduct
it, or to the officers of the court. These provisions,
though salutary as far as they went, were obviously in-
sufficient to check the crime against which they wore
aimed; for, first, the powers which they gave were con-
fined to the superior judges at common law—next, they
only applied to cases where viva voce testimony was
given—thirdly, they did not authorize the commitment
of the guilty party—and lastly, they contained injudi-
cious regulations respecting costs. When, therefore,
Lord Campbell undertook, in the present year, to pre-
pare a Bill for the amendment of criminal justice, it was
thought expedient to extend the powers granted by the
Act referred to; and a clause was consequently intro-
duced into the measure, which enacts, in substance, that
any judge of one of the superior courts of common law
or equity, any justice of assize, nisi prius, oyer and ter-
miner, or gaol delivery, any recorder, chairman, or other
judge at quarter-sessions, any county court judge, any
justices in special or petty sessions, or any sheriff
or deputy-sheriff—" in case it shall appear to him or
them that any person has been guilty of wilful and cor-
rupt perjury in any evidence given, or in any affidavit,
. .

deposition, -examination, answer, or other proceeding,
undo or taken bofore him or them"—may "direct such

person to be prosecuted for such perjury'', in case there
.hall appear to him or them a reasonable cause for such

prosecution." The court may also commit such person,
unless he shall enter into recognizances to appear and
take his trial—and may bind over any persons to pro -
cute or give evidence against him, and may grant a cer-
tificate of the prosecution having been directed, which,
except under very special circumstances, shall entitle the
prosecutor to his costs. Now, it is imposOble to read either

the clause just referred to, or that contained in the older
statute, without perceiving that, under each Act, the
judges are invest( d with a very delicate discretion,
which must be exercised with great caution and for-
bearance. The law was not meant to be put in force
whenever a witness swore to a fact which the jury
t is-
believed, or whenever two witnesses gave different ver-
sions of the same transaction; but it was unquestionably
intended that the judge himself should feel clearly con-
vinced that flagrant perjury had been committed by a
witness before he should undertake to give directions for
his prosecution. Indeed, the judges have uniformly
acted in accordance with these views from 1750, when
the Act of George 11. passed, down to the present year;
and we doubt whether a single instance of a prosecution
under the old law could be found, except in cases where
the judge was fully persuaded that the witness had been
telling deliberate falsehoods. No sooner, however, dons
the new law come into operation, than new notions of
judicial discretion are brought into active play, not, in-
deed, as against ordinary witnesses—for to them the Act
has hitherto been a dead letter—but as against the par-
ties to the record, who are now rendered admissible wit-
nesses by Lord Brougham's admirable measure. Ac-
cording to Sir Samuel Martin, perjury is a crime of so
detestable a character, especially in the mouth of a party
to a suit, that every party must be put upon his trial if
ho be so much as suspected of having committed that
offence ; and proof of his guilt to the satisfaction of the
committing judge seems wholly immaterial.
The case in which this marvellous doctrine was acted
upon was that of Hornidge v. Hawkins. An action was
brought to recover 1141., the amount of an attorney's
hill; and the defence was, that the plaintiff had never
really acted as the defendant's attorney, but that the de-
fendant had employed the plaintiff's clerk, a man named
Jordan, to attend to his business, and that the plaintiff
had merely lent his name to this Jordan. Hornidge,
Jordan, and Hawkins were all called as witnesses, and
their testimony was so conflicting that, as Mr. Baron
Martin observed, one, it not two, of the three had been
guilty of the most corrupt perjury. The jury found a
verdict fur the plaintiff, and the defendant was com-
mitted for trial. So far there was nothing to show that
the judge had not exercised a proper discretion; but
now comes the most remarkable part of the case. A
day or two after the committal, the defendant's
counsel applied to the Court for a new trial,
on the ground that ' the verdict was against
the weight of evidence. In the course of
his argument the Learned Counsel referred to the con-
duct of the judge at the trial, and was remarking, very
justly, that it would become a most serious matter if the
result of a verdict being given against a party, who had
himself been called as a witness, was to be his committal
for perjury, when Mr. Baron Martin is reported to have
interrupted him with the following astounding avowal:—
" When the jury retired. I did not know which way I
should have given the verdict had I been on the jury."
lie subsequently observed, " I cannot say that I was
dissatisfied with the verdict;" and then, after some
further discussion, he added, " Perhaps the true solu-
tion of the matter was that Jordan deceived both par-
ties." We have nu hesitation in saying that, if this
be a correct report—and we have no reason whatever
to doubt its accuracy—Mr. Baron Martin has been guilty
of very grave misconduct. It matters not, in the view we
take of the subject, whether Hawkins be a guilty
or an innocent man; but the question is, whether a
judge can be justified in commit Ing a person for per-
jury when he is not himself satisfied that the individual
has perpetrated that crime. We apprehend that there
can be but one answer to such a question. The judge
must act, not on the vicarious opinions of others, but on
his own belief—and, even then, only when it is clear to
him beyond all reasonable doubt that the party he is
ab nit to commit has wilfully perjured himself. In any
other view of the matter the discretion of the judge will
be a mere tyranny, and statutes which were passed to
promote the discovery of truth, will become the ready
instruments of intolerable oppression.
The conduct of Sir John Jervis, iu the case of Maher-
ley v. Shepherd, is scarcely less censurable than that of
Sir Samuel Martin. That was au action brought by an ar-
chitect against an engineer, to recover 1601. as the value of
certain drawings which the plaintiff had made for
the defendant. 50/. had been paid into court ;
and the question was, whether the drawings were of any
greater value. At the close of the case, on some dis-
crepancy appearing between the testimony given by the
two principals, the Chief Justice recalled the plaintiff,
and cross-examined him as to his former statements—
when ho gave evidence varying, as it would seem, in
some respects, from what he had previously stated. The
following colloquy between the judge and the plaintiff's
counsel then took place:—Judge—" Mr. Stammers, can
you make anything of this? Du you intend to address
the jury?" Counsel—" Certainly, my Lord." Judge
—" You mean, do you, to put your client in peril of the
verdict?" Counsel—" My Lord, I certainly intend to
take the verdict." Judge—" Very well, let an dicer
see that the plaintiff does not leave the court." The
counsel then lost his temper, and, like moat
men under similar circumstances, talked sonl
nonsense, daring the judge to commit him
aes
well as the plaintiff.• When all this was over,
judge summed up, and, after declaring that .ithhe,„
should bo most cautious before ho infringed the liberty
of the subject," he proceeded to state that
because ho had told the plaintiff to remain
ain " it was not
m in court that
the counsel had a right to assume that
oin to
commit him—it might be that he he was
g him
some to ask him
some question." The jury found for the defendant, and
the plaintiff was not committed. Now, it ;s just possiblethat, as the Chief Justice insinuates, ,
his Lordship
directed the plaintiff to remain in court simply because
ho wished to question himifurther; but thr(3l prloacineedminef;
has, unfortunately, a very ugly
will, we fear, be much inclined
ut
toasrpeecgart; and
the light
of an attempt at intimidating the counsel. The judge
may have wished the jury to believe that, when he
warned the counsel against putting his client in peril,
and ordered the officer to keep his eye upon the plaintiff,
he had no idea of directing a prosecution for perjury;
but we would certainly advise Sir John Jervis to devise
a mere probable story should he ever find himself in a
witness-box, with twelve men of common sense as his
jury, and Mr. Baron Martin as his judge.

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athe
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from
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obstruction
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should immediately take Holloway's Pills. This invaluable
medicine purifies the blood and invigorates the system, so that
many of the worst cases of dropsy have been cured by its
means. Females at the turn of life should have recourse to
these excellent Pills, being the safest and most excellent r
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course Tis
Omfotrhneing night,e the
66 Coves have been stolen from
kraal of Mr. Chadwick, in tho suburbs of the town,
and adjoining one of the bridges. The kraal is close
to the d welling- houle. A Hottentot, armed with gun,
was seen by Mrs. Chadwick, last evening, hovering
about the premises, and was unwisely allowed to go un-
questioned. Amongst other spoors, those of some amen
tee, apparently the-footmarks -of children, were observed
near the place.
A few nights since an attempt was made upon the,
cattle of Mr. Honey, at Blue siCrants, near,Manley'a
Flat. The cows and calves were stolen, and last night
a party returned for the oxen. The Refire were about
have just learned that, in the
25 in number. They did not succeed in their object,
but were kept at bay, and after battering the dwel-
ling-houso well with their bullets, they eventually de-
camped.
Information has been received from General Somer-
set that a strong party of about 100 Kafirs and Hotten-
tots have entered this neighbourhood by the way of
D Bruin's Poort. We may, therefore, soon expect to
hear something of their doings. The various burgher
o p sts have been warned of their presence. A con-
siderable number have also made their appearance
the Bushman s River.

enonoid of
ofef a
sincerity
which
a
information William's Town,from
FRONTIER NEWS.—LATEST FROM HEAD-
QUARTERS.
`(From the Graham's Town Journal, Sept. 27.)
Kafirland up to Wednesday last, on which day Colonel
Michel returned from his duty of conveying supplies to
that the intelligence bey
Fort White and Fort Cox. This seems to have been
effected without interruption, and with the übual zeal
which T The
camem il lt ariyo express
yester d
af
yr o,
maffiiiordnsg
and activity which have always distinguished that officer
ainco his arrival in, this country. Private letters state
favour-
able character. Traders in that direction write
join in the combination,°
de-
spondiugly, and remark that there is evident restless-
ness amoi.g the chiefs, indicative of a strong bias to
and Krell is acting with so ritual) way ward-
to exist] the white man from South Africa. The offer
of Fake's daughter has, it is said, been accepted by
of his pacific professions. Some fear is expressed
for the missionary institution of Mount Coke, which is
said by the hostile chiefs to stand in their way. Every
endeavour is made to guard against 'surprise, as well as
to meet attack, should it be made upon the institution.
Et( inforvments, it will be seen, are slowly reaching the
Commander-in-Chief, who is looking anxiously for the
arrival of the Lancers and Rifles. The following extract
,f a letter before us contains the leading items of intelli-
gence from this quarter:—
I " Sept. 24—On Sunday morning last Colonel Eyre
left here in command of a party for the colony, to be sta-
tioned as circumstances may require. Ho and his de-
voted Hide band leave this with our best wishes for their
safety and success. It was gratifying to witness the
cordial reception he and his men received from Sir Harry
on their last return from the colony, and no less was it.
seeing that with their garments all ' tattered and torn'
their spirits were as buoyant after their fatigues and
dangers as ever. Sir Harry also spoke very feelingly to
nBe3snsdai is! itlo excite
dl
eothfaesi aluKs liaienido isn
the 2d Royals, who suffered so severely in the Fish River
Bush.

" On Monday a strong party left hue in command of
Colonel Michel, with a train of ox and mule waggons—
the former conveying supplies for Fort White, the latter
for Fort Cox. Several private waggons had the benefit
of the escort in conveying supplies to the above places.
" The drafts for regiments serving on this command
arrived here on Tuesday, about midday. They appeared
to be about 300 strong, and are for the 73d, 74th 6th,
and 91st. They were played in by the bands of the 2d
and 6th Royals. The mounted corps styled ' Montagu's
Horse,' are daily receiving additions to their number.
They muster now about forty, but we learn many are
about to leave next month, when their term of service
will expire. The severe drought, which has told with
such sad effect upon live stock, is wearing away. Beau-
tiful rains have fallen, causing the hills to wear their
wonted appearance.
"This day (Wednesday) the waggons returned from
Forts White and Cox, having accomplished the journey
in three days, to and from. Such zeal for the service is
fatal to oxen while in such wretched condition. It is not
very profitable to have waggons in commissary employ,
as many who are receiving at the rate of 15s. per day,
which is 221. per month, have been paying out 251. per
month in the purchase of cattle to keep their waggons
going, not taking into account pay and extras for ser-
vants, gen., &a Speculation, indeed ! where is it to be
witn.-ased? Certainly not with traders or waggon pro-
prietors of this place. The libel published by the
United Service Gazette and the Morning Chronicle with
regard to traders here, is treated as it should be, with
contempt."

GENERAL SOMERSET'S DIVISION.
An express reached town this morning from Major-
General Somerset. By this opportunity we are in-
formed that a party of about 100 Kafirs and Hottentots
have passed Juntje's Kraal into the colony. The Major-
General cautions all persons to be on the alert, as this
band of marauders may be hourly expected to com-
mence the dark work of their errand. With the posi-
dons now occupied by the troops, and the co-operation
of the burghers, it is expected that these marauders
will meet with their deserts. Their presence is, how-
ever, a warning to individuals not to attempt travelling
in small parties, and to the camps to exercise the utmost
vigilance.

By this post private letters have been received, which
state that a communication between the rebels had bsen
intercepted. This admits that their loss in the engage-
ment on the Kromme heights with Colonel Fordyce's
patrol, had been more severe than that in any other
affair the enemy had had with the troops during the
whole of the war. The communication likewise mated
that the position of the hostile bands in Waterklcof
was regarded by themselves as no longer unable. It is
to be regretted that the ammunition of the patrol got so
reduced as to render a withdrawal from the first posi-
tionw ouledx
havepz2 di ebnete,
been of
tthheer wmisoes,t idt
eciissivseffirembacdr
ttklare. a ffTahire
conJuct of the Cape corps engaged is now highly spoken
of, and the mei ale of the whole combat is moutionei as
being more
cidepressingetptfromio n
o f very
detached to
goodth e enemy
eseo, r
tsthanto wt
however,
waggon
rtv,rea nthatv
th
_auniwuasttrarne;
al.mtoysuischinaopdeergarteieveaii ta: and
with
hVnl es
the
reinforceditohdauievvix:itsiiion t) f the
the storming of the fastnesses Low held by. the enemy.
flisetwrentrothopws.ligstovoens warranty
Thett expected
the neede pd r
accessionoai m i y o
of
c the
ommensurate
aennsduirnatseucwhitfhortchees
deeds as
to
ofigt fiViieCitleittac e chastisement
have
called it forth.

NAVAL INTELLIGENCE.
PORTSMOUTH, WRDNESDAY.—The Neptune, 120, has been brought down to-day alongside the jetty to be
masted.

in
thweerßeirf:lllll
vbaeri_ce to-day.. The Rapid, , ,-..
Her orders for sailing,
to-morrow have
c, Commander Blane. has been paid ad-
en cancelled, and she is now to watt until after post
time on Sunday.
Tho Rodney, 90, Captain Charles Graham, received
her crew to-day from her hulk, which is needed to ac-
commodate some of the Britannia's officers and ship's
company, on
Birken-
head from Sheerness. The Britannia has struck her
passage from the Waterloo
ta—idship---
jury yards and topmasts preparatory to docking, for
uuln,dBercMentioned young gentlemen were examined
Georgerve ajs.
D lieutenants;
au both
supernumerary
today on on board the flag-ship Victory, touching their
qquutialliififieed3t:tstr.tose
man of the Victory; and Mr. John C. p urns *ti •
man of the Rodney. $ 1111 ship-
The Argus new steam-frigate, on
reserve, was taken out today 9of the advanced in
to try her
speed. maohiaery and
Mr. G. Waller, of this port
late of the Howe, 120, will b , paymaster and purser
of the Britannia. he payin P ,
e t
aster and purser

ROYAL ARTILLERY.--WooLWICH, DEC. 3.--In-
telligence has been received in the garrison here of the death
of Lieutenant Collington, Royal Artillery, which took Place
suddenly at Athlone,
proceeded to Ireland some time ago, in the command of the
on Sunday last. The gallant officere
November last.
rlastukc company pLai ne
Lieutenant-Colonel
eonf
atnhte.
Clst i
(I).ina:lt battalion, o nt,h
the
and 1
11th
haso
fp roedmeor
16,
Ile entered the service as Second Lieutenant,
18-:9;
' r October 19, .
1816 ; was promoted to First Lieutenant July 29,
Cap-
tain, January 10, 1837 ; Brevet-Majo ;I
the promotion of
and to the rank of Lieutenant-Colonel 0
of Colonel, and had
Lieutenant-Colonel Chesney to the rank
ie
The detachment at Put-
been 35 years on full-pay service.
by a
detachment of fleet was relieved on tlonday last
haation, consisting of 1 cop-
9th
Cap-
tain Maude's Company,
9 rank and file non-commit-
tain, 1 subaltern, 3 sergeants.
and 64 gunners and drivel's.
sioned officers, 1 trumpeter, and
Hill proceeded with the dt•
1825;
tachment.
Captain Maude and Lieutenant