The Sun.
London, England, 1834-07-28 00:00:00

It&SUE INTELLIGENCE.

HOME CIRCULT.MAinsToNE, JULY 25. •
Benjamin Gdrdiner, aged 29, was indicted for the wilful
murder of Patrick Feeney, on the 9th July, inst., at Chat-
ham.

George Hewer, sergeant in the 50th regiment of Foot,
then' quartered at Chatham ; witness knew the deceased,
Patrick Feeney, who was a sergeant in the same regiment
with himself ; the prisoner was a private in the same com-
pany • on the 9th July instant there was a private parade
at half-past four in the afternoon, in the Barnard-yard, at
Chatham ; it was not usual on such occasions for privates,
unless ordered, to have their flints in their muskets, nor do
they go to the parade with their muskets loaded ; deceased
gave the word of command, " right about face ;" the pri-
soner obeyed the command, but in so doing staggered ; the
deceased then gave the word of command " left about face ;"
the prisoner obeyed ; his musket was then at the shoul-
der, in the position of shouldered arms ; deceased
ordered Dunlevi, a corporal, ,to take the prisoner to
the guard-room ; as soon as the word " guard-
room" was mentioned the prisoner threw his fire-lock from
the shoulder to the loading position, and fired. The de-
ceakd bent his knees, and was inclining towards the ground,
and cried out " Oh, murder !" Witness went up to the
prisoner, and ordered him to deliver up his fire-lock. He
gave it up. Witness ordered him to come to 'the guard-
room. When they had proceeded a few yards, the pri-
soner said, " I have rid the world of a rascal and a tyrant,
and lam ready to die for it." The prisoner was after-
wards removed to the cage at Chatham. In the way an in-
habitant asked if the sergeant was dead who was shot ?
Witness said, " No, not when I left the barracks." The
prisoner spoke up and said, " If he is not dead, I hope he
will soon die, for lam not afraid of the rope." When the
deceased fell the blood gushed from the hole where he held
his hand. He died about two hours afterwards.

James Campbell, Staff Assistant Surgeon, at Chatham-
barracks, examined the deceased. He was wounded about
two inches above the navel, a little to the right of the me-
dial line of the body. It was a circular wound, from an
inch to an inch and a half in circumference, passing through
the body, penetrating the liver, and making its exit between
the eighth and ninth rib. Witness could not say exactly
what inflicted it. It appeared a gun-shot wound, but of
much larger calibre than he should have expected from a
musket-shot. The deceased died about an hour after he
saw him. The wound was the cause of the death.

The prisoner put in a written defence—that he did not
know the gun was loaded—he was so drunk that he did not
know what he said or did—he did not owe the deceased
any animosity or but deeply deplored the accident,
and was thoroughly ashamed of the words which, in a mo-
ment of intoxication, he made•use of.
Mr. Justice LITTLEDALE minutely summed up the evi-
dence, and said that drunkenness was no excuse or palliation
in point of law, for it was every one's duty not to be drunk.
The Jury, after about three minutes' deliberation, found
a verdict of Guilty.
Mr. Justice LITTLEDALE then passed sentence of death
on the prisoner, observing that he entirely concurred in the
verdict. The sentence was, that the prisoner be executed
on Monday (this day), and be buried within the precincts
of the gaol from which he was taken.
The prisoner evinced no emotion whatever.
(FROM A CORRESPONDENT.)
MAIDSTONE, SUNDAY NIGHT.
Last night a respite was lodged with the Governor of the
County Gaol, in respect of Benjamin Gardiner, who was
convicted on Friday of the murder of Sergeant Freelay.
During the whole of yesterday, the rumouri circulated through
the town, as to the time and place of execution, were very
conflicting, but at a late hour at night, I received a communi-
cation from the Sheriff, which set conjecture at rest. It ap-
pears that after sentence was passed, an application was made
to Mr. Justice Littledale, by the Commandant at Chatham
barracks, to allow the criminal to be executed in that town,
with the view, it is presumed, of giving a check to that in-
subordination which has too frequently manifested itself in that
military deptit. The Learned. Judge would not take upon
himself the responsibility of departing • from the ordinary
course, but consented to exercise the discretionary power vested
in him, and respite the prisoner until Thursday next, so as to
allow time for an application to the Secretary of State, in
order that the Royal pleasure might be ascertained. • Last
night a communication arrived from the Home Office, when it
was announced that the culprit would be removed early on
Thursday morning, from Maidstone to Chatham, to be ex-
ecuted on The Lines" there in the course of that day. The
platform formerly used on Penenden Heath, will be again
called into requisition on the melancholy occasion. The body
of the malefactor will be re-conveyed to Maidstone, and buried
within the precincts of the gaol, pursuant to that part of the
sentence. It is said that, although the conduct of the convict
is very orderly, he manifests but very little concern respecting
his awful fate.

CROWN SlDE.—(Before Mr. Justice LITTLEDALE.)

Robert Harran, aged 69, was indicted for the wilful
murder of Paul William Last, on the sth of May, at
Chatham ; and Mary Ann Harran, aged 27, and Charlotte
Harran, aged 19, his daughters, were indicted for aiding
and abetting in the murder.
It appeared that Robert Harran had out of his own
savings purchased a piece of ground, called " Jenkin's
Dale," in Chatham, and had erected upon it two cottages.
He afterwards borrowed money of a Mr. Neale, lately de-
ceased, and deposited the title deeds with him, but being
unable to pay the money, was arrested and thrown into
prison, where he took the benefit of the Insolvent Act. An
ejectment was afterwards brought on the demise of Neale,
to recover possession of these premises, and Harran, either
through poverty or some other cause, suSered judgment by
default. A writ of possession was delivered to the Sheriff,
who in June, 1833, turned out Harran and his family ; and
Neale's agent, Mr. Burr, let one cottage and four acres of
the land to James Mickleburgh, and the other cottage re-
maining for some time unoccupied, Mickleburgh obtained
leave to put his tools in if. However, in last April, Barran
and his family contrived, when no one was present, to get
into possession of the vacant cottage, in which they con-
tinued down to the sth of May, having put out all the tools,
&c. of Mickleburgh. Mr. Burr, the agent, early in April
discovered that Harran was in possession, and having made
repeated demands for him to give the premises up, arranged
a plan in which eight persons were concerned, to obtain
possession. The deceased, Last, was Burr'S apprentice, and
he, by his master's order, forced open the back door with a
sledge hammer ; at that instant Harran fired a piece loaded
with small shot, which took effect in the chest of Last, who
expired about ten hours afterwards.
Thomas Burr, auctioneer at Chatham—Let one cottage
and four acres to Micldeburgh, and allowed him to put his
tools in the other cottage ; in last April, witness" found
Harran in possession of that cottage, and asked him how he
came there ; Harran told him he must apply to his attorney
Mr. Murray. He afterwards saw Harran on the land, and
told him he had no right there ; Harran said he had papers
which would show he had a right, and he would shoot the
first man that should endeavour to turn him out ; witness
went with Geike and others on the sth of May ; they found
the door and windows fastened ; they went round the back
of the house ; they saw the daughters, who refused to open
the door ; they said they would not ' give up the place ;
witness replied, then we will take it ; Mary Ann Harran
replied, " Do just as you please, my father is just in the
humour for it." Just before the firing, he heard a voice
cry out, " Father, shoot them ;" when he returned with a
constable, he saw Robert Harran standing with a drawn
sword in the doorway ; witness said, " You have done quite
enough mischief, give up possession ;" the sword was taken
from him ; witness afterwards told Mary Ann Harran that
she bad instigated her father to fire the gun ; she said,
" Well, if I_ did, I cannot help it now." _ _ _ _

John Geike gave similar evidence : Just before the
firing, Mary Ann Harran cried out " Fire, father, Exe ;
shoot them."

Benjamin Tribe, surgeon, proved that the deceased was
wounded in the inferior part of the chest by small shot, and
died about ten hours afterwards ; haemorrhage from the
wound caused the death.

Mr. ADOLPHUS and Mr. BODKIN contended that the
prosecutors had failed in making out a case. The prisoners
were in possession, and the prosecutors had formed a pre-
determined plan to turn them out by force, and with great
violence broke in the door ; a man, in defence of his house
had a right to use weapons.

Mr. ESFINASSE contended it was a surreptitious pos-
session.

Mr. Justice LITTLEDALE thought that the offence could
not amount to murder, because Harran had obtained pos-
session without violence.

James Lake—Knew Harran forty years ; he was very
industrious in his youth ; the ground was his own freehold ;
he had purchased it out of his own savings ; but he had
not been quite right for the last thirty years, and during the
last fourteen years he certainly was not in his right mind.
Mary Ann Harran put in a written defence, that she said
" Don't shoot father—don't fire !" which she complained
was fatally misrepresented.

A vast number of witnesses gave her and her sister Char-
lotte a good character.
The Jury, after ten minutes' deliberation, acquitted R.
Harran, on the ground of insanity, and found the two fe-
male prisoners " Not Guilty."

MIDLAND CIRCUIT.—LEICESTER, JULY 26.
(Before Mr. Justice PARK. )
MURDER.—Sarah Willinzott, aged 60, was placed at the
bar, charged on the Coroner's inquisition with the wilful
murder of William Willimott, an infant, her son.
The Learned JUDGE, from a perusal of the depositions,
having reason to believe the unfortunate woman to have
been in an insane state at the time of and previous to the
committing of the deed in question, directed a Jury to be
sworn to try the fact. After evidence had been heard,
The unfortunate woman was ordered to be taken care of
until his Majesty's pleasure should be known.
Joseph Kirby, aged 40, was charged with having, on the

night o t e 11th of July, stolen a. mare at Culeorton, the
property of William Kirby.
The Jury found the prisoner Guilty, when his Lordship
sentenced him to be transported for life ; at the same time.
stating that the Prosecutor had strongly recommended him
to mercy, which recommendation he would have gladly at-
tended to, but the Legislature had put it out of his power ;
for, by a late Act of Parliament, the capital part of the
charge had been done away with, and transportation for life
in all cases, after a conviction should take place, made
peremptory.
John Timperley was convicted of uttering false coin.
Sentence, two years' imprisonment and hard labour.
This case, with another for passing bad money, finished
the business of the Assize, which has been the lightest ever
known at Leicester.

OXFORD CIRCUIT.—STAFFORD, JULY 25.
(Before Mr. Baron ALDERSON.)
WALKER V. THE COUNTESS OF BEAUCHAMP.
This was an issue directed by the Court of Chancery to
try whether Susannah Andrews and Phoebe Westwood
were the great grand children of Humphry Jennings.
Mr. Sergeant WILDE (who came on a special retainer),
Mr. Sergeant TALFOURD, and Mr. RICHARDS, appeared
for the plaintiff.
Sir JAMES SCARLETT and Mr. FOLLET (who were also
specially retained), Mr. MAULE, Mr. Sergeant LUDLOW,
Mr. WHATELEY, and Mr. TALBOT appearing for the de-
fendant.

It appeared that Mr. William Jennings, who had lived
in Suffolk, and who was descended from Humphry Jen-
nings, of Birmingham, had died possessed of immense
wealth. It was contended on the part of the plaintiff that
Humphry Jennings had had a daughter named Elizabeth,
who had, in the year 1714, married Jeremiah Smith, from
whom Mrs. Andrews and Mrs. Westwood were descended,
and that they were, therefore, his next of kin. -It was
clearly shown that Jeremiah Smith married a person named
Elizabeth Jennings, but the great question in the case was
whether she was the same Elizabeth Jennings who was the
daughter of Humphry Jennings.
The Jury were not satisfied that the identity was made
out, and returned a verdict for the defendant.
It was understood that the property in dispute was Itorth
near 800,0001.

WESTERN CIRCUIT.—DORCHESTER, JULY 25.
(Before Lord DENMAN and a Special Jury.)
DOE ON TIIE DEMISE OF WOOLLASTON V. BARNES.
This was action of ejectment to try the validity of a will,
purporting to be made in April, 1833, by the Rev. John
Clavill, of Smedmore, in this county, who died in the June
following, bequeathing freehold property to the amount of
2,0001. a year to the defendant, his bailiff, to the exclusion
of his own relations. His heir-at-law is Colonel Man-
sell, on whose behalf this action was brought. Sir James
Scarlett came down specially for the defendant. The ques-
tion being whether the will was genuine or not, proof of the
affirmative issue rested with the defendant, and consequently
he began first.
Sir JAMES SCARLETT stated the defendant's case :—Mr.
Clavill succeeded to the property in question in 1817 by
his brother's will, who requested of him to assume the name
of Clavill, his original name being Richards. He led a
retired life. In 1830 his housekeeper died, and he took
into his service in that capacity a Mrs. Churchill, the wife
of a watchmaker in Dorchester, who had been unfortunate
in business. Shortly afterwards her daughter, Fanny
Churchill, who had kept a school, went to reside with him,
and acted as his amanuensis, he being old and infirm (in his
75th year.) Having quarrelled with his bailiff he dikharged
him and took the defendant in his stead, who was an inti-
mate acquaintance of Mrs. and Fanny Churchill.
The two latter, having highly cultivated minds and engag-
ing manners, gained, his confidence in a short time. In
March, 1833, he employed Fanny to write his will, which
she did at his dictation, and wrote the will in question. In
April following she, at his request, sent for the defendants,
two brothers, who, with Fanny and her mother became the
attesting witnesses to the will. Mr. Clavill requested of
them not to mention that he had made a will. He signed
and sealed it in their presence. He gave it into the custody
of Fanny, earnestly requesting of her not to make the con-
tents known until three or four months after his death. In
the May following he let a large farm to the defendant and
another to his father for 21 years. In June he died, when
a search was made by Colbnel Mansell, his heir, for a will,
but none could be found. It was well known that he had
made a will before the present, but no traces of it could
be found. The Barneses and the Churchills having been
suspected of making away with some of the property, they
were taken before the Magistrates, and their boxes were
searched. Fanny Churchill, fearing that the will might
be found if left in a box, put it into her bosom, where she
kept it for nearly two days, not having taken off her clothes
during that time, whereby the impressions on the seals
were effaced by the heat. In July the testator's family
advertised for the will, but no information was given
in consequence. The next of kin administered to his
effects, and took possession of his personal property
to the amount of 20,0001. In October, when nearly
four months had expired from the death of Mr. Clavill,
Fanny Churchill announced that she had the will, to the
astonishment even of her mother and the Barneses, who
were up to that time in ignorance of its existence. The will
was taken before an attorney, and opened in the presence
of the attesting witnesses, when it appeared that Mr. Cla-
vill had bequeathed all his leasehold and freehold property,
amounting to 2,0001. a year, to his sister, Mrs. Richards,
for life, and the remainder to John Barnes, his bailiff, the
defendant. Mrs. Richards died before this period. No
person but Fanny Churchill was cognizant of the contents
of the will until it was read. There were various other be-
quests to different persons, and there was no legacy left to
Mrs. or Fanny Churchill. The will was then regularly
proved in Doctors' Commons.
About twenty witnesses were examined to support the
defendant's case. The four attesting witnesses proved the
due exertion of the will, and several others proved the
signature of Mr. Clavill. They assigned as a reason for not
mentioning it before that Mr. Clavill requested of them
not to say a word about it until three months after his
death. There was some evidence to show that he disliked
his relations because they slighted him before he came in
for this property.
Mr. Serjeant WILDE addressed the jury for the Plain-
tiff at considerable length. He undertook to prove that the
will was a forgery, and that it was not made until after the
death of Mr. Clavill.
Seven or eight witnesses, some of whom were bankers
with whom Mr. Clavill had kept accounts, deposed that
they believed his signature to be a forgery. Some of them,
when shown other signatures by him, denied them to be
genuine, whereas others believed them to be genuine. One
of the witnesses on being shown the will, in his cross-exa-
mination, folded in a different manner from that in which
he had previously seen it, said that the signature was
genuine, though he had previously deposed that it was not.
Mr. Warrick, a seal-engraver, from London, deposed
that the impressions on the seals to the will could not have
been made by Mr. Clavill's seal, and that the impressions
could not be so much effaced as they appeared to be by
having been in Fanny Churchill's bosom for two days (the
defendant having accounted for that fact by that circum-
stance).
Evidence was given to show that there was a marriage in-
tended between Fanny Churchill and the defendant, which
might account for the strong interest which she took in the
transaction, and that she and her mother had exercised
great influence over Mr. Clavill ; that after his death
Mrs. Churchill frequently declared that he had made no
will ;. that he was a man of much family pride, who was
not likely to leave his property out of the family ; that he
was infirm in intellect and understanding to gentlemen in
general, and incapable of composing such a will ; that he
was on good terms with his family, and had stood godfather
' to a son of Colonel Mansell's, who, at his request, was
christened by the name of Clavill, in order that he might
have no occasion to assume that name on succeeding to the
estate. There was a great mass of evidence to contradict
statements made on the other side as to collateral circum-
stances. Some letters were put in to show that Mr. Clavill
had been on good terms with his family.
Sir JAMES SCARLETT replied at considerable length.
The question was, whether this will was a forgery or not ;
for however lamentable it might be to see a gentleman of
fortune leave his property to a stranger to the exclusion of
his own relations, still every person had a right to dispose
of his property as he thought proper ; and if this will was
genuine the defendant was entitled to a verdict. Could
the Jury believe that the four attesting witnesses would
commit perjury and forgery, and thereby subject their lives
to be forfeited to support a will under which they took no
interest ?
Lord DENMAN began summing up at half-past six, and
concluded at eleven o'clock. He told the Jury that the
whole question for them to decide was, whether the will set
up by the defendant was the will of the deceased, or whe-
ther it was a fabricated document. If not fabricated, still
they must be satisfied it had not been obtained by fraud or
undue influence, for if so it would not truly represent the
distiosing mind of the deceased, and could not be received
as the testamentary disposition of his property. To de-
termine this question the Jury would look at the conduct
of the parties, and they would say whether the secrecy said
to have be u enjoined by the deceased was probable ; and
then whether, under all the extraordinary circumstances of
the case, the secrecy maintained by Miss Churchill towards
her mother and the Barnes family, and the silence of the
latter to her and to each other, were natural or probable.
If they believed the will was not genuine, then not only
perjury but the capital crime of forging a will had been
committed, and he need not tell them that a case involving
such charges was not lightly to be dealt with. The evi-
dence to disprove the handwriting had totally failed, and

the parties had ben very consistent in their story. But
there was contradictory evidence, and the Jury were the
persons to judge upon that point. His Lordship read over
the whole of his notes. -
The Jury retired, and in about half an hour sent 'word
to say that there was no chance of their agreeing, and his
Lordship had better adjourn the Court. This was accord-
ingly to his Lordship's lodgings. The verdict in favour of
the plaintiff was given at half-past four in the morning.
This trial commenced on Tuesday morning,_and occupied
the Court about fifty hours. The verdict was received with
cheers by a crowd outside (Colonel Mansell being very po-
pular in this county.)

NORFOLK CIRCUIT.—BURY ST. EDMUNDS, JULY 25.
(Before Mr. Justice GAZELEE)
Three agricultural labourers, named William Jessop, Da-
niel Watson, and George Moore, were capitally indicted
for a felony on the person of Elizabeth Chapman.
Mr. BYLES stated the case for the prosecution ; Mr.
PRENDERGAST conducted the defence.

The details of the case are, of course, not fit for publi-
cation, but it was a most extraordinary one with regard to
the evidence given by the prosecutrix herself, and that of a
boy who was called to corroborate her testimony. It ap-
peared that on the 11th of June the prosecutrix, who re-
sides in the workhouse of Dedington, was returning, with
two boys and two girls in her company, from Framlingham
to Dedington, where they met with four men standing near
a gate leading from the Castle-path of Framlingham into
a meadow. On passing this gate, the prosecutrix, who was
the last of the company, was assaulted by a man named
Dickenson, who has since absconded, and who caught her
round the waist and behaved improperly. Accordinc, to
her own account, they, meaning, as it was understood,. all
the prisoners, dragged her through another gate into a mea-
dow on the opposite side of the Castle, where they flung
her down, and she was so scared and frightened that she
lost all recollection of what passed. She only remembered
getting up again and standing still, when they began to drag
her on once more, and at length forced her into a
barn-yard, where, under circumstances described by
herself, the offence was completed.' It should be mentioned
that after she had several times stated that " they dragged
her along previously to the commission of the offence, the
Learned Judge asked her whom she meant by " they ?"
and she answered that she only meant Dickenson : and
further stated that while he dragged leer, the other men
(the three prisoners at the bar) did nothing ; she distinctly
declared that they did not assist Dickenson, yet afterwards
she went back from that statement, and said that while
Dickenson dragged her the others shoved her along. As
to what she alleged to have taken place in the barn-yard,
we cannot for decency's sake allude to it further than to
say that she told a story which, if believed, afforded most
satisfactory evidence of a consent on her part, and this we
feel ourselves bound to mention, because the interests of
justice require it. She stated, among other things, that
while one of the men was in the barn-yard with her, the
others hid themselves in consequence of an objection which
she made, and this became very material, because a boy named
Cutlin Fairweather, who was called to snpport the case, and
who was one of the boys in her company when returning from
Framlingham, deposed that all the men were with her in the
barn-yard together. This witness stated some other things
which were at variance with the evidence of the prosecutrix,
and not very consistent with probability. He asserted that
she once cried out " Murder !" which she did not pretend
that she did. He said the men, when they first assaulted
her, had " threatened to hide him if he did not go away,"
yet he remained and watched what was doing, and was just
behind them while they were dragging her along through
two meadows into the barn-yard ; he said she once sank
down as if fainting, but soon after got up, and the men
dragged her on, one holding her round the waist while an-
other had his arm round her neck. That was different
from her own statement. He stated that after they had
taken her into the farm-yard, she several times attempted
to get away, but they pushed her back again. This was
contrary to her own statement, by which it appeared that
she did not make any effort to escape.

On cross-examination both those witnesses made a very
sorry exhibition. The statements and admissions of the
prosecutrix in particular excited astonishment in Court, and
sometimes called forth expressions of another feeling from
the auditory unbecoming the solemnity of a Court of Jus-
tice at any time, but more especially so when no less than
three human beings were on trial for their lives. More
than once the Learned Judge was under the necessity of
rebuking the laughing portion of the audience, by remind-
ing them of this melancholy fact. It was one of the cir-
cumstances of this extraordinary case, that the prosecutrix,
although met by the matron of the workhouse on her way
home, immediately after the alleged offence was committed,
did not mention to her a word of the matter, but she told it
when going to bed that night to a girl with whom she slept.
The Learned Judge carefully summed up the case, com-
menting upon the discrepancies and improbabilities in the
case for the prosecution ; and indicating without dictating
to the Jury the propriety of an acquittal.
The Jury, however, asked leave to retire; and after being
absent about three quarters of an hour, returned into Court
with a verdict of Guilty, which excited unusual astonish-
ment, more particularly as several of the jury had been
seen to laugh at some of the extraordinary statements of
the prosecutrix, which seemed to disentitle her to the penal
redress which she sought as an unwilling participator in her
own dishonour. The Jury, however, recommended the
prisoners to mercy, and .the Court having asked upon
what ground, the Foreman said " Because 'they appeared
to have been instigated to the offence by a man who had
escaped from justice."
When the Jury expressed the recommendation to mercy,
the Counsel for the prisoners instantly rose, and indig-
nantly disclaimed it on the part of the prisoners, saying that
his clients did not want mercy, but justice, and adding that
the Jury, having come to such a verdict upon such evidence,
need not have given themselves the trouble of tacking to it
a recommendation to mercy, as no Court could think of
taking their lives.

The Learned Judge desired the prisoners to be taken
from the bar, as he wished to take time to consider before
he sentenced them.

This day (Saturday) the prisoners were- ordered to the
bar, when the judgment of Death was ordered to be re-
corded, and the Learned Judge, after a suitable address,
told them that he would endeavour to procure the Royal
mercy to spare their lives, but beyond that he could make
them no promise.

One of the prisoners, on going from the bar, turned
about, and in the most emphatic manner told the Court
that he was utterly innocent of the offence laid to his charge,
and never laid so much as a finger on the woman.
The COURT informed him that if he could procure proofs
of his innocence, he should have them laid before the Se-
cretary of State for the Home Department, and there was
no doubt that, if satisfactory, his punishment would be re-
mitted. •

Hannah Grimwood was indicted for the murder of her
illegitimate child.

Mr. PRAED conducted the prosecution, and Mr. Aus.
TEN the defence.

It appeared in evidence that the prisoner lived as cook
in the service of Mr. Howard, of Little Blakenham, and
was a single woman. On Wednesday, the 26th of March,
her mistress heard she was ill, and went to see her. It
was about Eight o'clock in the morning. She was in bed,
and on complaining of illness her mistress charged her with
having miscarried ; she denied it, and said a sore had ga-
thered in her side, which had broken. Her mistress told
her she was not satisfied with the account which she had
given, and would send for a surgeon. She did send for a
surgeon, who ascertained that she had been recently deli-
vered of a child. Mrs. Howard saw her the next morning,
and charged her with having destroyed her child. She
denied having had one. Between that day and the Sunday
followinc, the body of a new-born child was discovered,
which had been buried in the earth near a barn, and it
turned out that the child had been thrown down in a bun-
dle to the groom, from an attic window of the room where
the prisoner slept. He did not see who threw it down ;
but a voice like that of the prisoner's called him by name,
and asked him to bury it. He took the bundle up, not
knowing, as he said, what it contained, and buried it, where
it was afterwards accidentally discovered. On the Sunday
following, her mistress saw the prisoner again, and told her
a child had been found. She was crying very much. Her
mistress asked her if there was any thing on her mind which
she could tell her ? She then said, " Surely, Hannah, you
did nothing to the child," and asked her " if she had heard
it cry ?" The prisoner answered " Yes." Her mistress
then asked her what she did to it? She .said she stuffed
her night-gown into its mouth. In the Coroner's deposi-
tions, however, which was put in, the evidence of Mrs.
Howard was given with this addition, "to prevent itt cry-
ing, or prevent its cries from being heard." A surgeon,
who examined the body of the child, was of opinion it was
born alive. The prisoner received a very good character
for gentleness and humanity of disposition from both her
master and mistress ; and another person, in whose service
she had been.

The Learned JUDGE put it to the Jury, whether they
were satisfied that the prisoner could have deliberately, and
with malice aforethought, deprived her child of life, seeing
that up to that time her character was the very opposite to
what such a charge would imply. If they were convinced
that she had deliberately stuffed the gown into the child's
mouth, not merely with the intention of preventing its cries
from being heard at the moment,but to silence the evidence
of her own shame for ever, they would find her guilty of
the murder, however painful. the discharge of such a duty
might be ; but if they believed she only did what was re-
lated as a temporary expedient to stop the child's cries,
they would acquit her of the murder, and find her guilty of
concealing the birth.
The Jury returned a verdict, acquitting her of the mut,

der, but finding her Guilty of the concealment, and she
su w.f.
sentenced to imprisonmeht for twenty months, hiving
fered four months' imprisonment already.

NAVAL INTELLIGENCE.

(From the Hampshire Telegraph.)
PORTSMOUTH, JULY 26.—We have received by the Colum.bis
the following letter from our Correspondent at Malta, which
contains three weeks' later intelligence than was received by
the Malabar, given in our last paper:.—
" MALTA, JULY 3—A report has unexpectedly reached u$
that the squadron, under Sir J. Rowley, is to return to Malta'
from Vourla, calling at Napoli. You will understand that the
squadron is considered here, in all its movements, asunder we,
chief political direction of Lord Ponsonby, the Ainhassador.m.
Constantinople, who-se ' eyes are about him' in all that relates
to the present and remote interests of this country, 10aillg. 80,
the movements both on the side of Turkey and Russia as bell
under one powerful influence and direction. The D It
squadron consists of twenty-one sail, carrying 950 guns.
may be of interest, at the present moment, to enumerate then,
and state their disposition :—The Britannia, Caledonia, Thun'
derer, Edinburgh, Talavera, Endvmion, and Mastiff were at
Vourla the 25th of June. The Britannia will return WT.%
on being relieved by the Canopus, which ship will leave tilL
port on the 6th inst. Actaeon, at Constantinople (ordered
to
England) ; Beacon, at Myteline ; Carron, at Malta, having
arrived 30th June, with a mail from Vourla ; Champion, °,
the coast of Spain ; Favourite and Hind, at Smyrna • Jassenti:,l
at Gibraltar ; Madagascar, at Patras, and to remain ;here "
tranquillity is restored ; Rover, at Tripoli ; Scout, at Ales'.
-vaurl!e,
andria ; Volage, at Corfu ; Tyne, on her passage to
Ceylon, flag-ship, -here. These ships comprise six sail of ?„
line, five frigates, four corvettes, one brig, two surverns*
sloops, one cutter, one steamer, and one receiving-ship. ,
~ We hear that the plague was at Smyrna on the 20tni e
June, and that six deaths were daily the consequence. A rd
there had destroyed 200 houses. The affair of Samos is s%
to have terminated, the natives having re-acknowledged In.„.
Sultan, but the most opulent of them purpose emigrating
Greece.
~ The Forbes steamer was hourly expected in the Red Se*:
May 20.
On the 29th of June the Malta Government schooners
Lady Emily arrived here from Civitil Vecchia, bringing the/
marble monument subscribed for by the Navy to the ineul°''
of the late lamented Sir Henry Hotham."
This afternoon his Majesty's ship Sapphire, 28, Captain tus
Hon. G. W. R. Trcfusis, returned from the North American al
West India stations, lastly from the Gulf of Mexico, Ha";!
nah, and Bermuda, in twenty-five days from the last-naeli,
island, where the Vernon, 50 (Vice-Admiral Sir G. Coe'
burn), Vestal, and Cruizer were then lying. The SaPtmtire
has not brought any specie to England from the Mexican
coast. She took only 26,0001. to Bermuda, to be conveL,e
to Canada in the Vestal, for the service of that colony.
disturbed party state of the country, rendered the transraissi°
of the specie from Mexico and the mines to the coast veld
hazardous and uncertain. A strong body of troops e,,,°n
era
alone secure its transit. Whilst the Sapphire was at
Cruz thirty persons had been killed at Queblir, in an einer,-
The Reynard packet, which may be daily expected to tor";
will, it is supposed, bring a considerable freight .of silver 0
this country, a conducta having approached the coast whe,
the Sapphire sailed. The Government of Mexico was in 0.
most disorganized state. Santa Anna was protected by ano
merous body of. guards. The Vice-President was about At
make a convenient summer's visit to the United. States. ,g 1
Havannah all was quiet. The new Governor-General-
arrived from Spain. The next ships from the Gulf of gel'
will be the Pearl and Arachne.
The President, 52, Captain M'Kerlie, bad arrived at thil
from Portsmouth, previous to the Ist inst., and landed Gen'.
Sir Colin Campbell, family, and suite. South The North Star, 28, Captain V. Harcourt, for the
.„d.
American station, with H. Hamilton, Esq. Charge d'A_,
to the state of Buenos Ayres, and Mr.- Scarlett, as ottiteilvo
the embassy at Brazils, will sail to-morrow morning for PI
de Janeiro.
An Admiralty messenger, charged with important dispatchel
arrived this morning, embarked, and sailed immediately
eight A.M.) in the Medea steamer, Commander Austen, it
believed for Lisbon and Cadiz. in'
Admiral Napier, with the crew of the Braganza, will sail
a few days for Brest, to equip the Portuguese ships there
Lisbon.
On Thursday the Medea and Salamander steamers arrl/0
from Chatham, in 17 hours, with that part of the crew of 1,
Majesty's ship Asia (paid off there) who expressed their des.irb
to be conveyed to Portsmouth to visit their friends, and winc
solicitation the Admiralty most kindly listened to, and directed
their conveyance. The general regard for the welfare of °I;
seamen, so constantly manifested of late years, haS certain
toto
had a beneficial influence, the best among them appco—rf is
feel that the home of a British sailor is «a man of wear."
part of the crew of the Asia discovered the good kovernolend
of their late officers ; they appeared with their-wives, beds, sn
bags all as neatly arranged as though they had been co lt°.
plating another ship and three years' station.
On Thursday the Columbia steamer arrived from Plyol°°,
landed the Marines paid off from the Malabar,. and then Pr-
ceeded to Woolwich. The Spitfire steamer arrived on Thu'.
day from Woolwich, and sailed yesterday for Falmouth, totalk t
the next Mediterranean mail. The Savage, 10, Lieuteosn
Loney, sailed on Wednesday for the North American statilt;
taking the piratical prisoners captured by the Curlew on t"
coast of Africa to the United States.

Remains at Spithead—North Star.
In Harbour—Victory, Excellent, Childers, Romney, Oresteh
Salamander, Rolla.
4.t s,
The London, Captain Wimble, sailed yesterday for Cala' ,e
Rear-Admiral Sir Parker, K. C. B. will tat,
his seat at the Admiralty in a fortnight, when sir Tboni
Hardy will assume the Governorship of Greenwich Notp.ita ;5
We perceive by the Calcutta Journal that great rejoiciobe,
took place there on the 14th of January on the occasion of ci,e)
lebrating the New East India Charter. Some idea mil 0
formed of the magnificence of the fireworks, which lasted ere
night, when at one instant forty thousand blue lights fi
displayed.
PLYMOUTH, JULY 24.—Arrived on Sunday the Coluinbi:;
Lieutenant Aplin, having landed her (Mediterranean) mail . -I,t
Falmouth ; left at Malta the Canopus, and the Jassen:tty
Gibraltar. She proceeded to Woolwich to refit. The 7,
labar, 74, was „paid off to-day, amd recommissioned by C,
mender John Forster for Captain Sir William Augustus 11)be
tague, who will assume the command in a few days. be
Pique, 36 (launched on Monday), is taken into dock to
coppered and commissioned by Captain the Hon. H. J. B ilex
Ships now building at this Yard :—St George, 120 ;
92 ; Hindostan, 74. The Nile will be ready for launto
in a few days. Arrived the Royal William, Peake,
Prince Edward's Island, and the Exmouth, Gregg,
Quebec, both with timber, the latter for this dockyard-bott
IN HAMOAZE—San Josef, Malabar, Portland, "-1.31"
Wolf, Dee, Scorpion, Tyrian, Opossum, Briseis.
Ix Docx—Agincourt, America, Melampus, Fisguard s
Pique.—lN BARNPOOL--JUpiter.
f the
PROMOTIONS. —Commander the Hon. George Grey;
vis
Scout, to the rank of Captain ; Lieutenant W. H.
Flag-Lieutenant to Admiral Sir William Parker, and 14ler
Baldwin Walker, late of the Barham, to the rank of C° to'
mender; Mr. William Stephens, Mate of the Spartiate'sjf
the rank of Lieutenant, vice Clive, drowned. Captainve
William Augustus Montagu, K. C. H., Commander John
ster, Lieutenants R. Thornton Eyre and J. Groome, Mt' tbe
Jennings, Purser, and Mr. F. Taylor, Second Master, to
Malabar ; Commander W. Holt, to the Scout ; Lieuteni;;
R. Bullen to be Supernumerary Lieutenant of the Hes_,ting
Lieutenant J. G. Dick to the North Star ; Mr. Street, Fu'e
to the Astrea ; Mr. Brydone, Purser, to the. Beacon. 1854
From the Ist of January 1833, to the 30th of June A to
(eighteen months), thirty-six Midshipmen were toroneoteu,ii
the rank of Lieutenant. The senior had served tweet,' ii
years (J. Elwin), and was then promoted for exertions %
the Coast Guard Service ; the junior midshipman (W'
Stewart), had served six years. .From Jan. 1 to Joon,
five Midshipmen were promoted, the senior of whom (f,
Engledue) had served seventeen years, the junior(J. _;„(1
son) six years.

London : Printed and Published by MURDO you ,
at The Sun Office, No. 112, Strand.

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