The Sun.
London, England, 1833-07-05 00:00:00

(No. 12.736.)

tion from the inhabitants of Carberry, complaining that
the Marquis of Downshire was the owner of the lay tithes
of the parish, and had received them to the great oppres-
sion of the petitioners, and without their receiving any
benefit. They prayed that the Tithe Composition Act
might be amended.

The Marquis of DOWNSHIRE said that it was rather
hard that such a petition should have been presented
against him, and that it was quite unfounded.
Lord ELLENBOROUGH said that the petition was
irregulir in every respect, and ought to be withdrawn.
It was clear that it was got up for private and malignant
motives against his Male Friend.
Lord TEMPLEMORE, who stated that he knew
nothing of the petitioners, then withdrew the petition.
THE THELLUSON WILL. .

Lord LYNDHURST, pursuant to the notice he gave
last night, moved that the standing order, requiring peti-
tions for private Acts to be referred to the Judges, be
dispensed with.
Lord WYNFORD opposed the motion on the ground
that no reason had been stated why the standing order
should be dispensed with. If it were a bad standing order
it should be repealed, but it would be a bad precedent to
dispense with it merely for the asking.
Lord ELDON opposed the motion as unprecedented.
The only case he recollected in which the standing order
had been dispensed with, was in a case of the Marquis of
Hastings. in whirl,' both Scotch and English estates were
concerned, and in which, to save reference to the judges
of bath countries, the petition was referred to him, as
knowing something both of Scotch and English law, to
report upon.
The Earl of SHAFTESBURY said that the only in-
stance of dispensing with the standing order, was
one in which property in Sergeant's Inn was con-
cerned, and the Judges being interested in that
property, the petition was referred to him (Lord Shaftes-
bury). He thought it would be a dangerous precedent to
disperse with the standing order.
The LORD CHANCELLOR supported the motion as
consistent with substantial justice.
(LEFT MAILING.)

------- -
OLD BAILEY, JULY 4.

THE CALTHOI?PE-STREET AFFAIR.
(James Compton's evidence continued from The Sun cf

yesterday.)

In cross-examination, he said that he saw no stones
thrown by the people, no scuffle between them and the
police, and no riot. The people, when the police went
into Calthorpe-street, divided to let them pass, and escaped.
He knew Mr. Stallwood's house at the northern corner of
Calthorpe-street, nearest to the field. No one could have
a better view than from that house ; heard a cry at tha.
end of Cathorpe-street of "Shame, shame." Could not
swear whether that was when he first went into the street,
or after he took Fursey away. After the mob had dis-
persed, he not see any wounded people; did not see
any one knocked down ; had no notion what the people
cried " Shame" for. When all was over, he went to
Burbidge's coach-house, and saw sixteen 'or seventeen
prisoners ; could not say how many of them had sound
heads, but should think they were not all bleeding ;
did not know of any broken head but the prisoner's.
A woman might have had her head broke, and witness not
see it. The orders were to disperse the people as quietly
as possible. Did not know a person named Popay. Only
knew of one policeman being there in plain clothes ; his
name was Harris, and he belonged to the K division.
Did not know of any of the police being members of po-
litical 'anions.

Richard Hales, a policeman of the M division, was
stationed at Burbidge's stables when the prisoner and two
other persons, named Tilley, were brought there in cus-
tody. He had taken a truss of straw into one of the
stalls to sit down, and he got up just before the prisoners
were brought in. Whe❑ they were brought in, they went
to the stall where the truss of straw was, and sat down on
the litter near the manger. They remained there ten mi-
nutes or a quarter of an hour, and then they were put
into a coach-house. About ten minutes after they were
taken out, witness saw a part of a book lying on the litter
in the stall. He went in and pulled over the truss of
straw, and there he found a dagger, pistol, and powder
flask. Witness had not seen those things when be placed
the truss of straw there, and be thought it impossible but
be must have seen them if they had been there. No per-
son had been there but the prisoner and the two Tilley%
Witness produced the dagger.
Mr. W. Fisher, a surgeon, examined—The prosecutor's
wound, at 11 o'clock at night, on the 13th May, he de-
scribed to be over the sixth rib, on the left side ; it must
have been indicted by a pointed instrument, a little tri-
angular. He probed the wound, and finding the point of
the probe entered the rib, it showed that the blow must
have been given with great violence ; the instrument must
have stuck into the rib. If it had not been met by the
rib, in all probability the instrument would have entered
the heart. It was such a wound as would have been in-
dieted by the dagger produced.
Cross-examined—Was superintending surgeon to the
police force.
This closed the case for the prosecution.
_ _

Mr. Plitu.strs submitted that in a case of this kind the
person IN ilo searched the prisoner, and the person who was
in the stable ought to he called to show that it was im-
possible for any body but the prisoner to have left the
dagger in the strble.
The SOLICITOR-GENZRAL said he knew of no such per
sons—they were not in his brief.
Mr. Justice GASELEE said the prisoner would have the
benefit of any doubt which that circumstance could give.
A short discussion took place as to what counts in the
indictment should be preserved, and the Solicitor-General
consented to abandon all the counts but the first and second.

The prisoner, being then called on for his defence, handed
in a paper which was read. He would leave all the facts
to be stated by his witnesses, and he felt confident that the
jury would come to the conclusion that the conduct of the
police was wanton, brutal, and savage, and that had it not
been for their misconduct no riot would have taken place.

Mr. Nathaniel Stanwood examined—l live on my for-
tune, at No. 13, Calthorpe•street ; my house is at the
corner of Calthorpe-street, and commands a view of the
field, of Calthorpe-street, and of all the avenues leading to
it ; up to the first appearance of the police on the 13th of
May, there had been no disturbance whatever ; I saw
the first division come in a body up Calthorpe-street,
occupying the whole of the carriage and footway. Wit-
ness had let some stables to a Mr. Burbidge, and
the police came out of them into Gough-street,
and halted near witness's house, about sixty feet from
the railings where the meeting was held. Another
body came up and halted within forty-five feet of the
meeting. The former body were ordered to draw their
staves, and the other body drew their staves at the same
time—they observing that all the avenues were stopped up
by the police. The whole of the police there were about
700 or SOO. The order was then given for the Gough-
street body to " charge ;" he distinctly heard the order ;
up to that time every thing was peaceable on the part of
the people. The police charged directly, making for the
chairman, and knocking down indiscriminately every thing
they met with. Up to that moment no Riot Act had been
read or proclamation made. The ground was strewed with
bodies of every description—men, women, and children.
After that bad continued some time, his blood boiling in his
veins, he addressed the police, telling them that, as no Riot
Act had been read, if the people were disorderly to take
them into custody, and not knock them down. Witness
saw at different doors in Calthorpe-street, women and chil-
dren, as well as men. Some of the women and children were
beaten ; boys' heads were broken ; and one woman was so
beaten that two gentlemen belonging to the press went
out of my house to rescue her; Mr. Courtenay was one
of them. It was an hour and a half before the place was
cleared. 'While it was going on, the inhabitants were
crying " Shame." His daughter fainted. He was ex.
amined at the inquest. From the time the word
" charge" was given the police seemed to be under no con-
trol, and some appeared to he intoxicated.
Cross-examined—Was once a Justice of the Peace for
the county of Middlesex ; was appointed in July, 1831,
and continued only for three or four months, when he
was superseded, from the representation, he believed of St.
Pancras Select Vestry, which he had opposed for
more than twenty years. He had m ide applica-
tions to the Duke of Portl tnd and the Lord Chancellor to
know why he was dismissed, but could get no information.
Was a select vestryman himself of St. Pancras. There
had been no complaint against him respecting the payment
of rates by his tenant. He had been tried for an assault,
on the corn question, in 1815, and honourably acquitted.
That was the only time be was ever tried for a riot and