The Sun.
London, England, 1834-08-04 00:00:00

THE SUN, LONDON, MONDAY, AUGUST 4, 1834,

are outside, and are usually closed when candles are lighted ;
but, in consequence of some suspicion I had neglected to
close the shutters ; I went up to the window with Eliza
Andrews, 'and looked through the spare uncovered by the
blind ; I saw the lady in the arms of the gentleman ; they
were stooping down together ; I could not see the state of
their dress as some furniture intervened ; I went away and
left Eliza at the window ; in three minutes afterwards the bell
rang, and I went into the parlour ; Mrs. Bird was sitting on
one side of the fire, and Mr. Smart on the other : Mrs. Bird
called for a glass of water ; Mr. Smart went away before Mr.
Bird returned home. On another occasion,when Mr. Bird had
gone on a journey ; I took a note from Mrs. Bird to Mr.
Smart ; I took supper into the dining-room, at nine o'clock ;
Mrs. Bird was standing at the window ; after I had taken
the things away she came to me in the kitchen, and asked
if I had not heard a noise ; I said I had not ; she then
went to the back half door, and came back again, saying
-she enuld not rest ; I asked her what was the matter ; she
said there was a knock at the front door ; I and Eliza and
Mrs. B. went to the door ; we did not see any body ; Mrs.
Bird then went into the dining-room, telling me to fasten
the door ; I locked it, and put the key in a plate-bucket
in the dining-room ; Mrs. Bird told me to bring a glass and
son e wine from the closet, and that I might then go to bed
as she intended to remain, to finish her book ; I was al-
ways in the habit of accompanying her to her room, parti-
cularly when Mr. B. was absent ; I took the plate bucket
and went up stairs with Eliza ; we remained upon the land-
ing-place of the second floor, and listened ; we heard two
persons talking ; one of the voices was very like Smart's,
but I cannot say positively that it was his, though I have
known him a year ; the talking continued for a quarter of
an hour, when we went up stairs ; in the morning I brought
the plate-basket out of Mrs. Bird's room ; when I went
down I found the hall-door locked, but not bolted, as I had
left it. Mr. Smart came on another occasion at 10 o'clock,
and staid till 11 ; I observed Mrs. Bird's hair very much
disordered ; when he went away, she went up stairs and
arranged it ; I saw the inside of one of the notes I took
to Smart ; it begun " My dear George ;" she told me the
object of the note was to tell Mr. Smart to come ; she
went out the next day, and when she returned she told me
she had been walking about the Lady Wood, and had met
Mr. Smart, and that he was to come to go to church with
her the next day ; he called with a lady, and they went to
church together ; it was old Mr. Bird that first spoke to
me on this business ; I know Mr. Hayward, the solicitor
for the defendant ; he came to me, and said he would send
for me ; he did so, and examined me four hours, and took
down what I said ; he said he had been to Eliza, and that
she knew nothing except what I had told her ; I told him
she knew the facts as well as I did ; I have had another
interview with Mr. Hayward since, when he said that Eliza
had told him that I had told her more than I had told
him.

Cross-examined by Mr. BALGUY—Smart came to Mr.
Bird's house when Mr. B. was at home as well as when he
was absent ; I can't tell the day of the month when Smart
was in the dining-room, as I have described ; the talking I
spoke of was between whispering and talking ; it was im-
possible to hear it on the landing-place if the door was
open, but not if it was shut ; on the occasion when I looked
in at the window, I left Eliza there, and returned to the
brewhouse to skin a hare ; in September, 1833, I was ex-
amined by Mr. Haynes ; when old Mr. Bird heard my ac-
count, he bore it much better than I could have expected ;
he said, " Oh, her music has brought her to this !" he did
not go down on his knees, and thank me for the informa-
tion ; he made me no offer.

Re-examined by Mr. HlLL—Nobody has offered me a
farthing for the information I have given.
Eliza Andrews corroborated the evidence of Ann Lea in
every particular ; she was more decisive as to what she wit-
nessed through the window than the former witness.

Mr. BALGUY then addressed the Jury for the defendant.
He said that during a long professional career, he had never
stood up to address a Jury under feelings of deeper anxiety
than on that occasion. He did not consider himself merely
the paid advocate of Mr. Smart ; his feelings alone would
prompt him to undertake the defence of a helpless woman,
who was on the point of being sacrificed to the calumny of
base and infamous intriguers. He pointed out the dis-
crepancy between the stories of the witnesses in their de-
scription of what they saw through the window, the 'impro-
bability of many of the circumstances ; and commented se-
verely on the conduct of old Mr. Bird, for the eagerness he
displayed in endeavouring to criminate his son's wife. This
was not done without a motive. Finally, he reminded the
Jury, that by admitting such evidence, they would sanction
a system of suspicious espionage, which would destroy the
intercourse of friends and neighbours.

Mr. Justice PARK summed Upagreat length. lie said
the case was the most peculiar he had ever met with, as it
rested entirely upon the question, had the criminal con-
nexion taken place or not ? If they were of opinion it had,
they were not to give the plaintiff vindictive damages, but
what might be an adequate-remuneratioh for the injury he
had sustained.
Verdict for the defendant.

ARSON.

Richard Bustin and Joseph Watkins were indicted for
feloniously setting fire to several stacks of wheat, hay,
beans, and straw, the property of Edward Charles Ralph
Sheldon, Esq., in the parish of Brailes, on Monday, March
31st.

Richard Hall—l am a labourer, living at Whitehouse.
On Monday I was returning from Tysoe, in company with
William Loden, when we observed a fire proceeding from
Mr. Sheldon's rick-yard ;we went to it, and found a hay-
rick and bean-stack on fire. I called up Mumford, who
lived on the premises ; took a horse, and set off to acquaint
Mr. Sheldon ; I arrived about 12 o'clock. As I was going
through Brailes, I saw two ricks belonging to Mr. Baker,
on fire ; they stood a mile and a half from Mr. Sheldou's
ricks.

John Mumford—l am waggoner to Mr. Sheldon. My
house is 20 yards from the rick-yard. On Easter Monday,
the night of the fire, I went to bed at eight o'clock ; be-

, tween 10 and 12 I was alarmed by Richard Hall. The
ricks were on fire ; the barn, and all the buildings on the
premises, including my house, were all consumed. There
were twelve ricks in the yard, and one in the barn ; five
wheat ricks, four bean ricks, one barley rick, and one straw
rick. I know the prisoners Watkins and Bustin ; they
were labourers, living in a place in Back-lane, in the town
of Brailes, a mile and three-quarters from Mr. Sheldon's
house. The shortest way from Back-lane to the premises
of Mr. Sheldon is by the Banbury road ; there is a foot-
road in the same direction, but it is longer.
Harriet Young—l am the wife of Joseph Young, a la-
bourer, living at Brailes ; my husband occupies the last
house in the lane ; on Easter Monday last, the prisoner
Bustin resided under the same roof with us ; our apart-
ments were separated by a thin partition ; I know the pri-
soner Watkins ; he lives four doors from me, in the Back-
lane ; at one o'clock on Easter Monday night, I was awoke
by an alarm from Watkins's wife ; my husband went to the
fire ; I went to bed again ; at ten o'clock the following
morning I saw Bustin ; he said to dame Fowler and me,
" Did you hear me call or knock at the partition ?" We
frequently converse through the partition. I said I did
not hear him knock ; on the Friday after the fire, I saw
Bustin at my house in the evening, after his return from
work ; he came in, sat by the fire, and said, "Do you re-
collect what I told you two months ago at the yard door ?"
—(The conversation alluded to was, that those who lived
the longest would see the most.) He said that he and
Watkins were to set Mr. Baker's and Mr. Sheldon's ricks
on fire ; and that he (Bustin) was to set fire to those of
Gibbs and some other person ; he said that they had gone
to fire them on Thursday, but that they were baffled by
three men coming from Banbury ; those men were Thomas
Greenwav, John Young, and William Burrows, who, he
said, had been to the lawyers for an increased allowance ; in
consequence of meeting them, they (the prisoners) turned
back ; I saw Bustin on the Sunday after the ire, when I
said to him, " Have you thought of what you told me ?"
He said, " Yes, I have ; I have had two sleeps ;" I said,
" I feel very uncomfortable to think that neighbours would
do such a thing ;" he made no reply, but left the house ;
on the Sunday following he came to my house after church,
and said to my husband, "If your wife will stick to what
I have said, we shall get the reward ;" at that time the
handbills, offering a reward, were printed ; I said, " I shall
say nothing about it, for I know nothing."
Joseph Young, husband to Harriet Young, stated that
Watkins had said to him and others, " That it would be a
good thing if the 'Squire's house was set fire to ton years
ago, and he in the middle of it."
Mary Hemming deposed to the same fact.
Thomas Gregory stated that he said to Bustin " Bustin,
your union will do no good—the only way to do the farmers
is to leave the women and children to them ;" Bustin re-
plied, That won't do, Gregory, but depend upon it some-
thing bad will happen to them before long ;" after the
fire Bustin said to him, " he would not believe it was done
by anyone—it was done by the providence of God ; when
the reward was offered, Bustin said to him, " If we were to
tell, we would not get the reward."

---
Thomas Brewer stated that as he was returning home, in
company with Bustin, on the Saturday evening after the
fire, he (witness) was blaming the person, whoever he was,
who had set fire to the premises ; Bustin said it was only
a part of a plan, for that they had agreed to set fire to the
premises of Derling and Gibbs ; but thet as they were go-
ing they met three men, who al'
red them so that they
dropped their matches and rp.
lowing as he was going
.Lurr.ied ; on the
the pH-
and that Monday fol-
soner Bustin, he - • .0 work, in company with
.aid that Watkins came to him on Friday,
b:- . y atkins had gone up the backway and concealed
lf in the shrubbery until Mumford went to bed ; that
-thelysewent down and set fire to the ricks, by putting a match
in each, and when they came to Mr. Baker's there was but

one match left ; he likewise said they intended to have done
it ten weeks previous.
Thomas Handcock found eight matches on the road near
Baker's premises.

John Davis met Bustin after the fire, when he said
" Davis, there has been a rare fire, it is no more than what
they must expect, it was a judgment on them."
Samuel Gibbs deposed that the prisoners applied to him
for work at the vestry, which he refused ; he had Bustin in
custody, and seeing him playing with a little boy, he said,
" Bustin, with what did you set fire to the ricks ?" he re-
plied. " With matches to be sure ;" witness said, " With
what sort of matches ?" he replied, " With brown paper
matches."

James Spicer stated that on the Monday after the fire
Bustin said to him that Watkins had asked him how he
got on at Justice meetings, when he said, Very bad, but
before long he intended to have both law and justice ; he
then went on to state that he and Watkins had laid a plan
to'fire the ricks ; that one of them was to set fire to Baker's
and Sheldon's, while the other fired Derling's and Gibbs's.
John Bel6my, a constable, apprehended the prisoners ;
he searched Watkins's house, and found a small piece of
paper, the water-mark and quality of which corresponded
with the paper that wrapped the matches found by the
witness Handcock.

A licensed victualler, who served Bustin, stated that
Bustin said to him on Tuesday morning that he was very
uneasy in his mindf for that all he had said before the
magistrates about Watkins was false ; he said it was a man
named Davis, a pensioner, who induced him to depose
against Watkins, in order to get the reward ; witness re-
quired him to give a written statement to that effect, which
he did. The statement accusing Davis was then read,
when he declared there was not a word of truth in it.
This was the case for the prosecution.

Mr. Justice TAUNTON told the Jury that there was no
evidence affecting the prisoner Watkins ; they must neces-
sarily acquit him. He then summed up the evidence im-
plicating the prisoner Bustin.
Verdict—Guilty, Death.

POLICE INTELLIGENCE.

MANSION-HO USE.

An Irish Chelsea pensioner, named James Kennedy, was
charged before the LORD MAYOR with having refused to
assist his wife, in consequence of which she became charge-
able to the parish.
The parish officers stated that the defendant used to
leave with them the power to take up his pension, to in-
demnify them for the expense incurred by his wife. He
had, however, thought proper of late to refuse to give any
assistance, and they were obliged to make him responsible
before the Lord Mayor. They were, they said, rather sur-
prised at hearing that the plea of the defendant was, that
he was not a married man.

The defendant said it was true he had lived with the
woman some years ago in Ireland ; but her fondness for
whiskey had reduced him to the last extremity, and he ran
away from her. She, however, found him out, and he was
weak enough to be misled by her again ; but as her love of
gin was as great as her love of whiskey, he was resolved to
cut her for ever, and the most effectual way to do that was
to let her make out a living for herself.

The LORD MAYOR—I suppose the poor woman is syour
wife ? Defendant—Not herself, in troth. Nelly, jewil,
tell God's truth.

Mrs. Kennedy—Why, then, Jim dear, is it you that axes
me to sell my sowl ? Oh, then, it's you that knows we were
married fast enough twenty years ago.
The LORD MAYOR—Who married you ? Mrs. Ken-
nedy—Who ! why a Priest, to be sure. He was called
Thady Devoo. I wish he was here, to make Jim ashamed ;
but he could'nt come, for he was drownded.

Defendant—Well, then, Nell Smith, drop all this hum-
bugging ; the devil a one of her was ever married to me,
no more nor your Lordship. Do you think that, if she
was my wife, I'd lave her this way ?

. -
The LORD MAYOR—She has been twenty years living
with you as a wife, at any rate, and it is cruel to cast her
off now. I should never expect that in an old soldier.
Defendant—But she drinks me out of house and home.
You might drink in the dark with her, she'd find the way to
her mouth.

Mrs. Kennedy—Jim honey, I'll take my oath I'll never
touch a drop of gin again. Let us go home together, aura.
Defendant—No, I mus'nt be guilty of the sin no more.
I've taken to serious thinking lately ; so goodbye to you,
Mrs. Smith.

The Loan MAYon—Novi you belong to a warm-hearted
nation, and I am sure you will not desert this poor woman
after having been her companion for so many years. Come,
what will you give her out of your pension, to enable her to
live ? She has nobody else in the world to look to, and I
know you are a good fellow.
Defendant—Why, then, upon my sowl, you tell a man
how to do his duty better nor any one I ever saw since I
was born.

The LORD MAYOR—You look just .as if you'd settle
upon her the half of your pension ? What do you say ?
Defendant—Why, then, it's I that won't make a liar of my
looks ; but I am afraid that I shall look like a fool after I've
done it.

The LORD MAYOR—Depend upon it, you'll feel like an
honest man.

The Irishman then gave the parish officers authority to
receive the half of his pension. The pensioner had fought
at Waterloo.

BO W-STREET.

MISCONDUCT OF AN OMNIBUS CONDUCTOR. William
Bridges, the conductor of the omnibus No. 233, running
between Paddington and the Bank, appeared at this office
on a warrant to answer a complaint charging him with
having violently assaulted Mr. George R. Innes, a gentle-
man residing in Lyon's Inn, on the 30th of last month, un-
der the following circumstances :

Mr. Innes, the complainant, deposed that on the day
above named, he hailed the defendant's omnibus in the
Strand, when, in answer to an inquiry made by him (the
defendant), he said he was going to Hyde Park-corner.
Witness then entered his omnibus, and they had proceeded
as far as Piccadilly, when he perceived that the vehicle was
turning into Regent-street. He called to the defendant to
stop, but received no reply. He repeated his demand in a
louder tone of voice, without any indication of compliance,
however, on the part of the conductor. He then told him
that unless the carriage were stopped immediately, he
should burst open the door, which he proceeded to do,
finding his wishes were still not complied with. On this
the omnibus drew up, having arrived at the corner of Air-
street, and he was descending the steps to leave the car-
riage, when the defendant seized him by the collar, de-
manded sixpence as his fare, and abused him in the grossest
manner.

The defendant denied that he had said the omnibus was
bound for Hyde Park, and declared that he was unable to
stop, in consequence of being hemmed in by carriages.
He was fined 40s. and costs, and in default of payment
committed for one month to the House of Correction. The
defendant not being able to pay, was removed in custody.
BURGLARY.—John Oakley, a shabby-looking young man,
was placed at the bar, charged with having committed a
burglary in the house of Mr. Courtney, a cheesemonger, of
Clare-court, Drury-lane. It appeared that the prisoner
had, about three months since, been in the employ of the
prosecutor as a shopman, but had been discharged in con-
sequence of some petty theft. About three o'clock on the
morning of the robbery, he was seen by a man named Wil-
cox, an opposite neighbour, on the ledge over the shop front
of Mr. Courtney's house, endeavouring to obtain an en-
trance by one of the windows, which he had opened, but
found the shutters closed inside. He had also tried an-
other window, with, however, no better effect. Wilcox
immediately called Sweeney, a policeman, and informed him
of what he had seen. The prisoner then ran round the
ledge into Clare-court, where he entered the house by
means of a window leading on to a landing-place,
through which it was supposed he had passed in
going round to the front window, on finding
the front room locked. The alarm was now given
to the prosecutor, who gave directions that a trap-door
leading from his cellar into Clare-court, should be looked to.
Sweeney, the constable, accordingly placed himself near the
spot, when the prisoner almost immediately after rushed up
the trap-door, and was taken into custody and conveyed to
the station-house. On the prosecutor's searching his house
to ascertain whether any property was missing, he dis_
covered that two silver spoons had been removed from the
cupboard in the kitchen to the dresser, where they were ready
to be carried off. A table-knife had also been removed,
which was found on the ledge under the window which he
had attempted to open. The trap-door through which he
left the house had apparently been his place of entrance, as
the fastenings had all been forced open, the prisoner having
doubtless fixed upon this spot as the easiest of access.
Nothing whatever was missing from the house, the plate,
&c., having been placed in the front room, into which the
prisoner had endeavoured to obtain admission.;
The prisoner made no defence, and was committed for
trial.

MARLBORO UGH- STREET.
John Bartholomew, a footman out of place, and Daniel
Leach, footman to Mr. Manning, solicitor, Hertford-street,
May-fair, were put to the bar before Mr. DYER, on suspi-
cion of having been concerned in a recent robbery of a large
quantity of plate, belonging to Mr. Manning.
Mr. Manning, jun., made the following statement :—The
prisoner Bartholomew had formerly been in his father's ser-
vice as footman, and after he was discharged he was allowed
to visit the other servants occasionally. On Wednesday
night, about twelve o'clock, just as witness had retired to
bed, he heard a sort of crash, as if from slamming or break-
ing a door. He got up and went on the staircase, but not
hearing the noise repeated, he thought it must have pro-
ceeded from something outside the house, and consequently

took no further notice of it. In the morning ----lone oil
servants came to him, and told him that the Paoapigg
been broken into, and all the plate stolen. On ger
this, witness set on foot an inquiry, azal proceeded to
ed
Ito
Lo
loons arous
tion the servants. Feeling his susp
Leach' that
what he elicited; he gave the footman, Dm:iel
custody. Having learnt, in the course of his oquirle,s,' pre'
Bartholomew had slept in the house on the ItiPn'n'iry.• 00
vious to the robbery, and had been seen in the p•I cir•
the Tuesday following ; and having also learnt oth'
hse
cumstances of an unexpected nature, he determined ix'
him apprehended, and gave directions to that effect rig,
police. When the prisoner was taken, and his lourai
searche d,a speaking-trumpet belonging to his fatherwas 4;4
To questions put by Mr. DYER, Mr. Manning, iun. tr
the prisoner Bartholomew had never received per
sleep in the house, nor was the circumstance of his 5"
known to the family. • of
In defence, the footman, Leach, said he knew nothle
the robbery. The 'cook went down first on Wcdne,door
morning, and when he got down he found the pantil
open, and the plate gone. AAirs $
The cook, who was present, said she got down tot
few minutes before the prisoner, but she did not node,
the pantry had been entered. As soon as the P""tbat
came down he went to the pantry, and gave the alarm

the plate was stolen.
1.59
Mr. Manning having applied for a remand, both PT'
ers were ordered to be brought up again on Wednesua)j9io
Colonel Fremantle's coachman appeared to eollf3 of
against Count Pollen's coachman, for having, on the
July, broken one of the pannels of his master's carroriii
The accident, it appeared, occurred at a party given bY of
Grace the Duke of Wellington, at which the concoursear
fashionables was so great, that it became necessary iv ge
range the carriages in ranks ; and it appeared the daPtbo
was occasioned by the defendant attempting to disturn
arrangement.
MAGISI°

After hearing a good deal of evidence, the . gel
decided that the defendant was to pay 51. for the clan'
and 51. fine, and costs.
INFORMER DEFEATED.—Four informations wer-
la
two common informers, named Byrne and Clark. ago `e'
Mr. Lane, landlord of the Coach and Horses publictioll'r
Frith-street, for various offences alleged to have bee11:0
mitted in his house on four separate days. The firs'a for
for suffering gaming on a certain day ; and the see° The
allowing tippling during the hours of divine service• yip;
informer's witness swore positively to the offences ha for
occurred, but was flatly contradicted by five witness°
the defendant. • 01"1'
Mr. CHAMBERS said he could i:Pt, under these °co,
stances, credit the oath of the informer, and thereo
with the consent of Mr. DYER, all the informati°ns
dismissed.

QUEEN- S QUARE.
The office was on Saturday crowded with liars'', of
tuallers from the district of Chelsea, in conseque°-
informations laid against them by Byers, the infornle,,`„t'ler
selling beer during the hours of Divine Service in the ,70e1,
noon. The question raised was, whether Trinity ,
Sloane-street, was or was not a private chapel, the sl',ll
lers having always regulated their shutting and oPelr:liiY
the old Church, and not by Trinity Chapel, 014'
right by the former, were often wrong by the latteL'a_,,je
short time since it had been decided by one of the Ind
trates, that Trinity Chapel was not a private chePe', beer
he fined'a publican in the penalty, 405., for selling dent
beyond the hour according to that church. The defers
appealed against the decision, on the ground that the;:idlr
was a private. one ; but Byers not appearing at the x1„00.!
sex Sessions on Thursday, the conviction was of ''elf
quashed. The adjourned cases came on again on ssttirt
for hearing ; when Mr. Hobler, jun., urged, on the P. 3 be
the defendants, that the informations ought' to be 1314#
fore the Magistrates of the division, and that the "" The
trates of Queen-square had no jurisdiction at all•
point was referred to the opinion of the Attorney-elj-

LAMBETH- STREET.
THE DEN IN WHICH MIL GEE HAD BEEN CON..- ssor
Mr. Loney, the solicitor, applied to the Hon. G. ti';v on
TON, on behalf of Edwards, who had been found gnu' tbe
the day before, at the Middlesex Sessions, to hay.e the
chain with which Mr. Gee had been made secure. Tete
den in York-street, with some other apparatus, which .thef
in the hands of the officers of this establishment, togoP
with the woodwork belonging to the den itself, delivereiiaent
to a person who would be properly authorised by his cal-lig
Edwards to receive them. His object, he said, In r—fall'
the present application, was to prevent those articles the
ing into the hands of others, who would, no doubt, fre9,;bit
notoriety which the circumstance had obtained,
them to the public, and thus continue to keep afres".4l
the minds of the people an unfortunate occurrence, 's; Tids
it was the wish of him (Edwards) and his respectable file"
should be buried at once and for ever in oblivion. der
Mr. NORTON observed that be could not make any
on the subject, but recommended the applicant t° a Roo
Chairman at the Middlesex Sessions, whose province
it was to decide on the matter.