The Sun.
London, England, 1804-12-27 00:00:00

ceentepts Wi:hout seeing. the permit, it was -ini--
passible to know Whet Les it covered these good
• . ,
ci,onsel. for the-Trascrsers had contended that . ihe
Jury cauld-not donbt Ole existence of such a..per.
mit without impeaching the veracity of Mr; Jaines
Lawless.• This was a strange do trine: Should we
rikpertse :with, the produetion of a deed because a
I p;erson of good mural charaner.offeced to give pa.'
role evidence of its contents ? ' •'' '
' '..rhe Jury, after having renaained out some time,
returned ,a'verdia.'of Not Guilty ; at which the
Court expressed much surprise* :end disapprobation,
anddesired them to re.contider it. The Foreman
'assigned as a reason for the 'finding, •that the Wit.
'mess. for ,the. Crown had given information before,
a Magistrate , of. an assault, and had cn the table
morn that they were. .not. assaulted. , The-Court
having declared.theit surprise how the Jury could'
f • become acquainted with the contents of examina.
tions which bad. not been given in, evidence,' and
having told them that there was no eviderice °fent).
tiadiCtion before their), ,proceeded to look into the
informations, and finding them. to contain no.
thing. inconsistent with what had been sworn on ,
the table, were about to state this to the Jury, or
to have the information read. This, produced ,a
discussion of s-ameiength;„ Mr. CURRAN and Mr.,
MINA LIV objeciing,.stre.nuckfsly,.on'the part of the
Prisantrs,against any such proceedings ; Which, on
the contrary, thee.Court.,conceived to 'be justified
both by praftice and on principle, since otherwise
thry would be auxiliary to the mistake of ;he Jury,
and would suffer Witnesses to be branded as per.
jured men, when they hailjudicial knowledge that
the imputation w.'s unfounded. the point, how.
ever, . was not ruled, the Jury declaring that on
other grounds than any discredit of the Witnesses
for the CroWn, they would find. the Traversers nut
guilty ; and one of them declared hi believed
.every syllable sworn by Mr. Darden and 'Mr. Car.
rick. ,
The Jury then proceeded to state those grounds,, .
viz. " That the .TraVcrsers intended no 'fraud ;
that the Crown ought to 'have proved thiit'.there
was no permit ; that the Traversers had shewn that
there• was a permit ; and:that the Jury believed the
malt was legally permitted: They atided, Oar
they had considered tlieir vetdiel maturely, and did
not nerd to re-consider, it."
~.
Bayos SivflTll and liti`CtaLLN AD ntteorin in,
formed tbetu, first,, that the Traversets were ra.)e
indicted for a fraud, but for a rescue under the list
Clause of the Revenue Ad'.' and as.for the' fraudu.
lent intention laid in the Indictment, .this was a
-presumption of law, and not of Etta ; and one
which,. if' they believed the evidence,. the Jury
.*Were bound to draiv : .seconsity, that it was not in. '
ciniibent on. the 'CrOwn to prove such 'a negative as,
that there was rio ptrmit;•but on the Traveisers to
proVe.the affirmative ;hat there was a permil• prb.
meting the gobth';, it was tltir case and defence :
thirdly, the Traversers' had not shewn that there
Was a permit flor illegal and insufficient evidence •
of a fa& was, 41.0 dint of:raw, as is at all : fourth-
ly, that even ira permit had teen proved, yet it'
would not
.2mount in a defence ; for
,this permit
was not alledged'tO Ifave•been with the malt when
seized' in Mtil.street; therefore' this. 'malt,. when
rescued," wats'underseikure,. and when seized there
had been reasonable cause for suspetting it to be
(as in fa& it was), liable.to seizure. It was only
iilledged that such a permit was lodged in the.Cus-
tom.house.' ' As 'tofrthe belief of the Jury•that 'the
goods were legally permitted, this limited rather a
question to be decided by the Bench. Their Lord.
ships concluded by declaring, that if, belirviog the
evidence for the Crown, corroborated by the testi-
mony for the Traversers, the Jury, in contempt of
the Judge's opinion on the law, should persevere, in
pronouncing the law,and finding a verdiCt of aCquit.
tal, they were at liberty to do so,' and their ..vectriel.
shOuld be received. The Jury immediately 'gave:H
in their original verdict of Not Guiltysaod the.Tra.
versant were,discharged.
•. • •
* •

In the course ~of the. day. of Saturday last the
chamber and drawers of Mr, Swilles, the landlord of
the Three c.,:oinpasses , public.doo4e, in 'St: Peter's,.
street, Canterbury, were broken open, and a pro.
missory.note, baek7notes, and cash to The :amount
of 2171. also three watches, stolen thereour,—§os.
picion falliog-gn a man named ilubb.led-,
man carpenter, who had been'seen" in the house on
that day, he was. apprehended in the evening, .and,
on bring searched, a small quantity, of silver was
found on his person,,amoeg it a remarkable shilling,
which as sworn to by Mr, Swaleal- This, with
,•
'other corroborating. cocuoisrances,' induced the
Mayor to commit him, .the .same evening, for .thr-
ther exainioation, to Wesrgate vol. On Sunday''.
morning Hubbard, wishing as much as possible to
palliate his offence, requested to.see•Swales, and in.
• formed him, that if he could obtain permission of
the, Mayor, be seouid- poiet out where the property
was concealed; which,lie,ieggranteti, Ile Went, with
proper attendants, to, a straw:losige belonging to
Mr. Croasdill, beyond Tyler.bill, where it was
;,accordiriglv found between some trussesdietraw, 411(1
delivered into the custody of the proper
The prompt recovery of the property, at that time,
was a.fortunate circumstancefor SWa'ree, the straw,
as was intellticd, having since been removed to ano.
ther place.
• On Thursday se'nnight
,a female vagrant, who,
with four or five others, were removed in a cart from
Boroughbridge, had, recoorse4o the following singu.
lar stratagein, to impose on the feelings of the.Plib.
lie Previous to reaching the town of Doncaster,
which they had to,pass through, she intimated that
she was subie.-t to fits, and, finding they were
coming on, wished her companions to alight, lest
she should be doing some mischief, Sum after she
began to bark arid howl like a dog, making the
most hicieous,eries, to the great alarm of many of
the inhabitants, who supposedber to be seized with
the hydrophobia. A short time, however, disco.
voted the imoositien, ,and the we has. been
since, very desetvediy, committed to prison.. .
Saturday, at Marden, Kent, a coroner's Inquest
was held on the bgdy of. .a man found dead .in are
out-building there, supposectto heYe.been dead one
month.—Vertii4l—!' /dig 14e7ili [ilotivt