The Sun.
London, England, 1834-09-05 00:00:00

talents,in opposition to the menagerie, without running th fD
hazard of getting a broken nose.

MARLBORO UGH- S TREE T.
At twelve o'clock, yesterday, Mr. Thomas Duncombe,
the Hon. Member for Finsbury, accompanied by the Mar-
quis of Worcester, entered the office, and were accommo-
dated with seats at the table of the magistrates. It was
soon ascertained that the Hon. Member's attendance was
occasioned by a warrant being obtained against him by J.
Fraser, Esq., of 215, Regent-street, for challenging the
complainant to fight a duel.
At one o'clock Mr. DYER arrived, on which the parties
were ushered into the private room ; Mr. Duncombe and
his friends, the Marquis of Worcester and Thomas Crosby,
Esq., being accommodated with seats.
On the clerk coming in, Mr. DYER said to the Hon.
Member, " Mr. Duncombe, I suppose you are aware what
you are here for ?" Mr. Duncombe (removing his eye from
the newspaper)—Oh yes, Sir.
Mr. DYER-It will be my duty, on Mr. Fraser swearing
to the facts contained in his information, to hold you to
bail to prevent a breach of the peace.
The information of Mr. Fraser was then read.
Mr. DYER-Mr. Duncombe, from your situation in life,
I must call on you to enter into bail, yourself in the sum of
500/., and two securities in 2.50/. each, to keep the peace
towards Mr. Fraser: are you contented? Mr. Dun-
combe—Yes.

Mr. DYER—Then it will not be necessary to hear the
provocation which gave rise to this proceeding.
The Marquis of Worcester and Thomas Crosby, Esq.
then entered into the required security for the appearance
of Mr. Duncombe at the next Middlesex Sessions, to answer
any complaint which might be preferred against him.
On Mr. Duncombe entering into his own recognizance,
the clerk asked him if he was content ? Mr. Duncombe—
Yes.

The Hon. Member then paid ss. for the recognizances
and the parties left the office.
The following is a copy of Mr. Duneombe's letter to Mr.
Fraser :

" 13, Arlington-street, Sept. 3, 1834.
" Sir,—Having this moment read a most false and atrocious
attack upon both my public as well as my private character in
your Magazine for the present month, I call upon you either to
give a contradiction to it, as full, as explicit, and as public as
the calumnies which you have been the means of disseminating,
or else that satisfaction which one gentleman has a right to
demand from another, who has so unwarrantably and falsely
maligned him.
_ _

" My friend, Lord Allen, will deliver this into your hands,
and receive your reply..-_.I am, Sir, your obedient servant,

6 THOMAS S. DUNCOIIIIE.

" To J. Fraser, Esq."
The following is Lord Allen's account of his interview
with Mr. Fraser ;

" Mr. Duncombe having asked me to be the bearer of a letter
to Mr. Fraser, and to receive an answer to it, I had this day
an interview with him at his house in Regent-street, and de-
livered it to him. Having read it, he declared that he could
give no answer to it ; but, upon my pressing him for one, he
said that the letter contained .a challenge, that he by no means
approved of hostile meetings, and that he should, immediately
apply to a Magistrate for a warrant against Mr. Duncombe
and bin(; him over to keep the peace. He acknowledged that
he was the proprietor of Fraser's Magazine, which contained
an article traducing Mr. Duncombe's character, and that ho
would have declined giving the name of the author had he
been applied to for it.
Mount-street, Sept. 3, 1834. " ALLEN."

QUEEN-SQUARE.
NOVEL METHOD OF TAKING POSSESSION.—Mr. J.
Featherston, of the Southwark Bridge-road, was charged
with malicously damaging an iron railing on the premises of
Mr. Davis, situated at the corner of Blackfriars-road and
Boundary-row.
There was a very small piece of ground attached to Mr.
Davis's premises, which was enclosed by an iron railing, and
the defendant in broad day was seen in the act of breaking
it down. Several rails were broken before he was given
into the custody of the police.
The Magistrates asked the defendant what he had to say
to the charge of breaking down the iron fence ?
The defendant considered that by right the piece of
ground belonged to him. Some years ago the whole pro-
perty belonged to his brother, who owed him a sum of
money, which he never received, and he claimed the piece
of ground in lieu of the debt owing to him.
The Magistrates asked what was the amount of damage
done, and were informed about 20s.
The. Magistrates considered it to be a most extraordinary
proceeding, and ordered him to pay 20s. for the damage,
and a further sum of 20s. for the wilful damage.
TEN SHILLINGS' WORTH OF LAW.—DOWNES v. SEY-
MOUR.—Mrs. Dowries, a respectable married female, charged
Mrs. Seymour, another respectable married female, on a
warrant, with violently assaulting her under the following
circumstances :

Both parties are neighbours, and live at Lodge's-
place, Chelsea. It appeared from the evidence of Mrs.
Downes that a few days ago some quarrel arose between
her and her friend Mrs. Seymour, when the latter abused
her in a most violent manner, and called her some dreadful
names which no respectable female, like herself, could bear
to hear.

Here Mrs. Downes mentioned the elegant language used
by the defendant, but, notwithstanding, she was interrupted
by the Magistrates, she was determined that they should
hear every word, which would have disgraced even Bil-
lingsgate.

MG. GREGORIE said it was certainly very elegant ; there
was not the slightest occasion to repeat it, and begged of
her to come to the point.
Mrs. Downes continued, and said that notwithstanding
she bore the abuse with the greatest patience, Mrs. Sey-
mour was not content, but took up a bucket of soap-suds
and soused her all over, upon which she took up a little
dirt and threw it at her, which was the cause of all the row
that followed.
Mrs. Seymour, who appeared very anxious to get a word
in, commenced her defence by assuring the Bench that she
was a respectable married female as well as Mrs Downes,
and could bring hundreds to speak to her character as well
as Mrs. Downes, who gave the first provocation by throw-
ing a quantity of filthy stinking mud all over her, spoiling
her dress, and also a large piece of butter which was on a
plate close by ; and a quantity of other " wittels" were also
damaged. Then it was that she soused her with the soap-
suds. As to Mrs. Downe's language to her it was hor-
rible ; she called her a -,
Mr. GILEGOUIE—There that will do ; we do not want
to hear it • we have had enough of respectable language.
Notwithstanding this interdiction Mrs. Seymour would
not be denied, and out with it all, and which was the worst
language used by the two respectable married females it
would be hard to decide.
Mr. GREGORIE—Very elegant language for respectable
married females, truly.
A host of witnesses were called on both sides, from whose
evidence it.would be very difficult to decide which was the
worst, or which was in possession of the most elegant Bil-
lingsgate tongue.
The Magistrates at length said that they could hardly
say which was most to blame. The plaintiff, however, had
paid ss. for the warrant ; they would therefore fine the
defendant ss. to the King ; exactly 10s. worth of law
between them.

Both parties left the office much dissatisfied.
Henry Charles Adell, a young man, was brought before
Mr. WHITE by a police constable of the B division, charged
with sleeping in an empty cask covered over with straw in
William-street, Knightsbridge, and having no home to go to.
The defendant, in the account lie gave of himself, said
that he came from Taunton, in Somersetshire. He had an
uncle who was Colonel of Dragoons, and he had come up
to town to see him in order to get into the army, but on
his arrival he found that he was abroad, and that had
rendered him quite destitute.

He was committed for fourteen days to the House o
Correction.

MARYLE B ONE.

B,?iscAoueTtoas
yoTuong TrnAaVnERgN-K ER
enteElPys.—liest
dressed,
but
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meagre•
aspect, who stated himself to have been in the law, was
placed at the bar before the sitting Magistrate, Mr. Hos-
KINS, charged as follows :
The prisoner, on the previous afternoon, entered the
Fitzroy hotel and tavern, kept by Mr. Hudson, Charlotte-
street, Fitzroy-square, and ordered dinner, which, consist-
ing of some choice viands, was immediately served up to
him. Having made a sumptuous repast he sat sipping his
grog till the evening was far advanced, when he asked the
waiter if he could be accommodated with a bed, to which
the latter answered in the negative, adding that their beds
were all full ; the prisoner then with the utmost noncha-
lance declared his inability to pay for what he had had, upon
which a policeman was obtained, and the prisoner conveyed
vi et anni.9 to the station-house, on the road to which place
Ise swore "he would not starve while there was an English
or French hotel in London."
The prisoner, in reply, did not mean to cheat Mr. Hud-
son ; quite different ; had he slept there he should have
tshenetinfoornayofsrtiiinlNidquu ini
odrdred i
him
taltieeetmioerndienbgt,. who would have given him
Mr. ne
to be detained till he pro-
cured the money.

THAMES POLICE.
JEALOUSY AND ATTEMPTED MURDER OF A WIFE ET
HER HUSBAND.—Yesterday Timothy M'Carthy, a middle-
aged man, a coalwhipper, who has been in custody for three
weeks, was brought before Mr. Broderip, for final exami-
nation, charged with attempting to murder his wife, Ellen
M'Carthy, by beating her on the head with a poker, by
which she received such very serious injuries that her life
was for some time despaired of.
The woman, who is far advanced in pregnancy', was-

brought from the hospital to give her evidence. She ap-
peared in a very weak state, and was accommodated with a
chair. On the book being tendered to her to be sworn,
she said she could not take the oath in the state she was in.
Mr. BRODERIP knew what was passing in the poor
woman's mind, and he assured her that her prejudice was
ill-founded, and that she could not offend her Maker by
taking the oath. All that she was required to do was to
call the Almighty to witness that she spoke the truth, and
to kiss the book.

The woman would speak the truth ; but she would not
take the oath until after her confinement. If she did there
would be no comfort for her in this world again.
Mr. BRoDERIP pointed out at great length the absurdity
of the notion which the prosecutrix, in common with many
of her countrywomen, entertained that it was offensive in
the eyes of Heaven to take an oath while they were enciente.
He could assure her that ladies of the first consequence
never objected to take the oath when similarly circum-
stanced, and he could not take her testimony unless she
was sworn.

The woman, after some further objections, took the oath
and was sworn.
Mr. 13110DERIP—Now you may be assured that neither
you nor your babe will be any the worse in consequence of
having taken the oath ; but you would have done very
wrong, and offended your God and your country, had you
not done so.
It appeared from the statement of the poor woman, who
was beaten in such a savage manner that she is likely to
feel the effects of it for life, that she lived at No. 3, King-
street, Wapping, and was the mother of several children.
On the Thursday night preceding the 13th of August
her husband came home and ill-used her, and she went for
protection into an adjoining room, in which a man named
John Murphy and his wife lodged. They were in bed, and
she sat by their bedside until her husband's passion had
cooled and he had retired to rest. On the Wednesday
following her husband came home to dinner at his usual
hour, as full of drink as he possibly could be. The dinner,
consisting of beefstakes and vegetables, was ready on the
table, and he sat down, and just as he began eating looked
at her very spitefully, and said to her eldest child, " I
don't mean to work for your mother any more ; but I
will do what I can for her children." Witness said, " God
bless you, Tim, sit down and make a good dinner," and, at
his request, sent for a pint of beer. He kept talk-
ing and jawing her, and said that John Murphy
had told Jem Carney and others that he had given
her a good supper in his bedroom after she had re-
ceived one from her husband on the preceding Thursday
night, and he could do as he pleased with her. After her
husband had finished his dinner he proceeded towards
the fireplace, and stood with his back towards the grate.
His countenance was frightful. She sat down on a chair
near him, and asked him what was the matter. He gave
her no answer, but shortly after she saw him lay hold of the
poker very suddenly, and, suspecting his intention, she got
up and made for the door, but before she could reach it he
struck her a most dreadful blow on the top of the head,
and the blood spirted all over the room. She screamed
aloud for help, when he beat her in a most savage manner
with the poker, and gave her another blow with it on the
head. Just at that moment one Mary Collins came into
the bedroom, and said, " Don't kill your wife," and dragged
her away, and she fainted from loss of blood. She had ever
since been in the Hospital. She was certain that her hus-
band struck her twice on the head with the poker.
Mary Collins lodged at No. 3, King-street, and confirmed
the statement of Mrs. M'Carthy.
Mrs. Elizabeth Coy stated that Mary Collins brought
Ellen M'Carthy into her room. Her head was then hang-
ing down on one side. She appeared to be deprived of life,
and the blood was streaming from her head and shoulders :
the top of her head was all " a mummy," and there was a
depression about the size of the palm of her hand, and several
cuts besides.

Mr. BRODERIP said it had never been his lot to hear of
a more savage and murderous attack than this, and he felt
it his duty to commit the prisoner for trial for the capital
offence of wounding his wife with intent to murder her. He
had observed with regret that the prisoner, instead of show-
ing any contrition, had been casting the most malignant
glances towards his wife while under examination.
The prisoner was then sent to Newgate for trial at the
next Sessions.

HATTON-GARDEN.
Yesterday Daniel Harding, a lad about sixteen years of
age, was brought before Mr. Sergeant Sellon, charged by
Mr. James Black, artist, of No. 28, Rodney-street Penton-
vile, with having stolen two valuable oil-colour paintings.
Ho was fully committed for trial.

ASSIZE INTELLIGENCE.

NORTHERN CIRCUIT.—LiNcAsniz, SEPT. 2.
(Before Mr. Baron GURNEY. )
TATHAM U. WRIGHT (EIGHTH AND NINTH DAYS).
This day thirty-seven witnesses were examined. As the
case was foaming to a conclusion, the interest hourly in-
creased : from an early hour in the morning the equipages
of the neighbouring gentry began to arrive in town ; and
long before Mr. Baron Gurney took his seat on the bench,
the court was crowded by an assemblage of very elegantly-
dressed females, many of them carrying baskets containing
sandwiches, fruit, and wine, so as to enable them to sit out
the day. We shall only give a brief outline of the facts
stated by the material witnesses.
George Singleton, innkeeper at Cartmel, stated that he
once attended on Mr. Marsden and Mr. Wright, at dinner,
at Mr. Hesketh's, when Mr. Marsden happening to let his
knife and fork fall, Mr. Wright called him a blundering
old fool.
John Tully stated that Mr. Marsden asked him if there
was the same sun in Liverpool as there was at Heysham.
Nicholas Home stated that he once asked Mr. Marsden
what o'clock it was ; Mr. Marsden pulled out his watch,
but could not tell the hour ; he also deposed to Wright
calling Marsden a d—old fool.
John Hale, carpenter and sawyer, was sharpening his
saw at Hornby Castle, when Mr. Marsden came in and
asked him what tune he was playing on his saw." On tel-
ling him the use of it he went away crying " Oh, oh ! "
Upon all occasions, Mr. Marsden was greatly alarmed at
dogs ; and whenever Wright met him he abused him.
John Hetherington stated that he was fixing water-closets
at Hornby Castle, when Mr. Marsden came in to try them.
This witness told a most ludicrous act of the unfortunate
gentleman, which we forbear to mention.
Thomas Proctor deposed to Mr. Marsden's great appre-
hension of dogs, pigs, cows, calves, turkey-cocks, ganders,
and all species of animals. He also stated upon an occa-
sion of riding the boundaries, the annual custom of Lords
of the Manor, Mr. Wright rode round with the tenants un-
accompanied by Mr. Marsden ; on their return home, he
sent for Mr. Marsden, as usual, to sign the rolls, and upon
his refusal, he went out to fetch him, and he heard Mr.
Wright using severity towards Mr. Marsden, who was cry-
ing like a boy of ten years of age.
Margaret Pattison, aged 80, was acquainted with Mr.
Marsden. This witness deposed to many acts, but par-
ticularly to his ignorance of calculation ; so much that he
could not count the change for half-a-sovereign ; and her
description of his fear of pigs, dogs, &c., was truly laughable.
Mary Hewitson, aged 85, deposed to seeing Mr. Mars-
den throwing his hat at some peacocks, and practising an
imitation of them for several hours ; and further, to his un-
bounded affection for check aprons.
Robert Hudson stated, that Mr. Marsden asked him if
his cropped mare, of which he was particularly fond, could
not breed cropped fowls.
Matthew Jenkinson saw Mr. Marsden out hunting,
when he galloped most valiantly up a hill, but on seeing a
check apron on the hedge, he stopped short, and would not
go further.
Richard Metcalfe, Esq., a gentleman of the county of
York, stated that when he was a boy, and Mr. Marsden
then thirty-five years of age, he played at cards with him
and his brother, and all Mr. Marsden could distinguish
were the colours of the cards.
Mrs. Green Bradley, of Slyne Castle (a lady of the first
distinction in the county), about five or six years previous to
the death of Mr. Marsden, paid a visit at Hornby Castle to
see the Miss Wrights ; upon that occasion the entire family
went into the hot-houses. Upon Mrs. Bradley admiring
some of the exotics, Mr. Marsden, who was with her, and a
little in advance of the party, said, " Take anything you
like." Upon Mrs. B. communicating to Mr. Wright, Mr.
Marsden's kind offer, Mr. Wright addressed him, and said,
" It is a pretty thing that you should give that which is
not your own ; you know that they are none of yours ;"
and then, addressing Mrs. Bradley said, " I rent those
glasses ;" Mr. Marsden slunk away quite dejected ; Mrs.
Bradley then said to Miss Wright, " I fear I have offended
the old gentleman ;" she replied, " No, he is not offended—
not he—don't mind him ;" when they returned to the
house, the party went to the top of the house, where there
were two organs—one a barrel and the other a finger one ;
Mr. Marsden approached the barrel organ, but in vain
essayed to set a tune ; it was set for him ; he then, in the
most irregular time, began to play ; his performance was
at hostility with every species of harmony (a laugh) ; he
played in the greatest imperfection ; time and tone were at
perfect variance.
Cross-examined—He dined once at Slyne Castle ; he
called on a morning visit ; she could not say whether he
had a servant when he dined at Slyne Castle ; there was a
family party, there was no fixed dinner party ; but on all,
and every occasion, witness thought him an idiot.
Re-examined by Sir JAMES SCARLETT : Allow me to
ask you whether, from all you have seen of Mr. Marsden,
you are able to form an opinion as to his competency to
transact any of the ordinary business of life ?
Mrs. Bradley : Certainly not. Allow me ,to say, that
during a period. of seven or eight, I should say ten years,