The Sun.
London, England, 1832-04-30 00:00:00

UPPER WIMPOLE-STREET.

Genuine Furniture ; Noble Pier and Chimney Glasses,
Paintings, Linen, China, Glass, Library of Books,
Plate, Trinkets, Indian Curiosities, Ancient Gold and
Silver Coins, and Aledals ; Celar of Choice Wines, &c.
TO BE SOLD BY AUCTION,
By Alr. ROBINS,
(Of Warwick House, Regent-street,)
On TUESDAY, May 8, 1832, and Time following Days,
at Twelve o'clock, by direction of the Executors of the
late Charles James, Esq., on the Premises, No. f? 0,
per Wimple-street,
rtmiE FURNITURE, comprising capital
-11- lofty four-post, tent, and other bedsteads, with chints
cotton and moreen furnitures ; seasoned feather beds and
bedding ; mahogany chests of drawers; wardrobes ; dress-
ing tables and glasses; drawing-room suite of rose•
coloured lutestring curtains ; cahriole sofa and chairs, in
white and goid frames, covered with satin damask ; bril-
liant plate pier and chimney glasses; pier, card, pembroke,
and 100 tallies, in satinwood and mahogany ; Brussels car-
Pets, dining tables, morine window curtains, sedan chair,
iron safe ; fine paintings and drawings ; china and glass ;
library Of books; small service of plate ; Indian curiosi-
ties ; toilet silver filigree boxes and dressing glasses ; gold
snuff buses, gold watch, alabaster vases, and other orna-
ments; ancient coins and medals, in gold, silver, and
coer ; cellar of choice wines, cons:stiog of capital old
poppt and r sherrY, choice old East and West India
rnadeira,
maltnsey, hock, claret,cider.
&c. ; also a quantity of finclold
To be viewed on Saturday and Monday preceding !the
Sale, when Catalogues may be had (at one shilling Lich)
of Messrs. Jenkins and isboott, N. 8, New Inn, Wych•
strict, Strand ; at GArrmsuy's Coffee-house, 'Change-
alley, Cornball ; and of Mr, Robins, 170, Regent-street.

EXCHEQUER CHAMBER, APRIL 28.

THE KING V. RUSSELL.
(Concluded from The Sun of Saturthy.)

Mr. E. ANDREWS, in support of the Conviction,
apprehended that in order to sustain the indictment
it was necessary for him to show that the deceased
had been guilty of a crime, and if she were guilty of
a crime, whether that crime has a felony or a mis-
demeanour, if death were the consequence of the
act she committed, she would be chargeable with
her own death, and the man who incited her to the
act would be answerable for the consequences. The
prisoner had been indicted under the act of the 7th
Geo. IV., cap. 64, but he might have been tri• d
independently of that act. The words were, " that
if any person" (using the word person generally)
" should attempt to procure the miscarriage of any
woman by administering to, or causing to be tak- n
by her." Nothing could be mote general or com-
prehensive than these words. The penalty of death
was inflicted if the woman were quick at the time ;
but if she was not, then the punishment was trans-
portation. But, independently of the statute, at
common law a woman who took poison or any me-
dicine, with intent to procure abortion, was guilty
of a misdemeanour. It was clearly an act against
the law of God ; it was an act injurious to the
individual; it was an act prejudicial to the
state ; and it was clearly an act of which the
municipal law would take cognizance. The
Learned Counsel cited several cases from Fos-
ter, Hawkins, and Hale, to show that a person
knowingly doing some bodily harm to another,
though he did not intend his death, if death ensued
was answerable for the consequence of his act. But
to come to the case in question, he apprehended
there might be an accessory before the fact to the
crime of self-murder. Self-murder was described in
all the books on criminal law as a felony. That
principle would be found recognized in Foster,
p. 125, in Hale, anti in 4th Blackstone, p. 459.
I• had been also decided in a case in " Russell and
Ryan," 523, where two persons having thrown
themselves into the water, one of them was drown=-
ed, and he having been incited to the act by the
other, was held to be a principal in the second de-
gree. It had ben said that thcugh a person were
accessory before the fact to self-murder, he could not
be tried for the offence, because the principal had
not been convicted ; but that 'doctrine was contro-
verted in Hawkins, book 2, c. 29, p. 45. This part
of the case, however, would depend very much
upon the statute of the 7th Geo. IV., c. 61, and he
submitted that under that statute it was perfectly
clear that an accessory before the fact could in
all cases be tried, whether the principal had been
convicted or not, or whether he ever could
have been tried or not. The statute said, not
merely " where the principal shall or shall not have
been tried," but also " where the principal shall or
shall not be amenable to justice." He contended,
that these words were meant to meet every possible
case in which, from any possible circumstance, the
principal felon could not be punished by the law.
Such was a case of this sort. The prisoner had been
properly indicted and properly convicted under that
statute, of being an accessory before the fact to
suicide. In ail the books on criminal law, he could
find no distinction between suicide and murder. In
older books, suicide was distinctly recognized as
murder, and the cases which had been cited did nut
controvert former authorities. He submitted, in
conclusion, that the deceased had been guilty of the
offence of self-murder ; and that the prisoner, having
been convicted as an accessory before the fact, was
liable to the punishment of death.
Mr. KELLY briefly replied.
The arguments occupied between three and four
hours.
The Judges present were Lord Tenterden, Chief
Justice Tindal, Mr. Justice Littledale, Mr. Justice
James Parke, Mr. Patteson, Mr. Justice Park, M.
Justice Guseiee, Mr. Justice Bosanquet, Mr. Justice
Alderson, Mr. Baron Bayley, Mr. Baron Vaughan,
Mr. Baron Holland, atid Mr. Baron Gurney.

As a thorough paced tar was passing St.
Paul's the other day, the clock struck twelve, JACK in.
titinetively put his hand to his pocket, and puking out 6
newly bought watch, exclaimed with evident satisfaction
and a few nautical embellishmentto, "There! if this little
chap hattint heat that great lazy liihher au hour

In proposing the toast of " True Blue," the
Noble CHAIRMAN observed, that in the county of
Gloucester " True Blue " was the banner under
which the supporters of the principles of loyalty,
order, and good government, were ranged. These
principles were necessarily called into action in con-
sequence of the gross delusion which had been prac-
tised on the people, and the system of intimidation
which had been resorted to by the adherents of
the Ministerial measure of Reform. He was
persuaded that those whom he was then ad-
dressing were not unfavourable to such a moderate,
safe, and temperate amendment of our representative
system, as the altered circumstances of the times,
the increased refinement and cultivation of the age,
and the augmented wealth and population of the
country, might render expedient. With respect,
however, to the Bill now pending in Parliament, the
most exaggerated benefits were held out to the
public, to enlist them in a cause in which the in-
capacity of Ministers had embarked the country,
and the disastrous consequences of which, nothing
but a general combination of the property, rank, and
intelligence of the community, could avert. Hap-
pily for the country, the days of delusion were ra-
pidly passing away, and the public were now sails-
fiict that the Reform 13,11 would never realize the
prospective advantages anticipated from its passing
into a law, but were cot,vinced that it would be
purchased at far too dear a-price, by the sacrifice of
the Briti-h constitution under which the wants, the
feelings, and the interests of the lowest grades of
society were consulted.
"The Army'and Navy."

In introducing this toast the Noble CHAIRMAN
observed, that in any other times than the present,
he should not have thought it necessary to have
m ,de any apology for its introduction. Bot in these
times, when it was insinuated that a long and ex-
pensive war, in which a faction of the country had
involved us, had exhausted the resources, and under-
mined the strength of the empire—when, instead of
estimating the glory, we were told only to calculate
the cost—he did think it right to call the attention
of the country to the long list of its defenders, from
Blake and Marlborough to Nelson and Wellington,
and to point to the popular feeling in support of that
arduous struggle in which we had been so honour-
ably engaged, and which had placed this nation on
the proud eminence which she now occupies among
the nations of Europe. The war of 1793 was a
war in which we were necessarily involved in de
fence of the liberties, properly, and principles of
the country, and the events of the French Revolu-
tion, and the conduct of the National Convention at
that period, forced it upon us by correspondence
with, and encouragement to the discontented and
turbulent of every country.
In giving the health of the" Duke of Wellington,"
which was received with great applause, the Chair-
man having adverted to his Grace's merits as the
first captain of the age, and to his abilities, also, in
tile administration of civil affairs, observed, that the
illustrious Duke dedicated the weight of his talents,
character, and station in the country, to the sup-
port of its real and permanent good—totally forge t-
ful of personal interest. Although it had been in-
sinuated that the Noble Duke was actuated in his
opposition to the measures of the present Ministry by
interested anti unworthy motives, he was, of all
men, the least deserving of such a censure—he who
in the event of a national convulsion would have
his power and influence increased in a tenfold de-
gree, and to whose military skill and ability
all the property and wealth of the country
would then cover for protection. The Noble
Chairman added, that when he had the high
honour of being associated with his Grace in the
Administration, in all questions of great political
ddliculty, the invariable language of the Noble Duke
was," Whatever may happen, at all events let us
take care we are on the side of what is right."
" Our glorious Constitution."
This Constitution, the CHAIRMAN observed, it was
now the fashion to decry—a Constitution which has
been built up of the accumulated wisdom and expe•
rience of ages, and which had accommodated itself
to the various interests, feelings, and necessities,
and, what was best of all, to the prejudices of the
people. The British Constitution was now repre-
sented as utterly corrupt and valueless, and the peo-
ple were advised to look to those of other nations in
Europe as better calculated to promote the happi-
ness of the subject, and to secure the lives, liberties,
and property of the community. When he did
look abroad, he sa►e a neighbouring nation, which
had been recently engaged in pulling down the con-
stitution and erecting another had made an awk•
ward attempt to inmate the fabric of that very con-
stitution which had been stigmatized as utterly
worthless and degenerate. When he looked at home
he saw the same rash spirit of innovation attacking,
the ancient institutions of the country, and an at-
tempt made " to strike out a new constitution at a
heat," by sixteen learned gentlemen in the same
number of hours. A Constitution so framed, how-
ever it might speciously propose to secure increased
liberty to the subject, would not fail of throwing
eventually all the power of the country into the
hands of the Crown, would establish a royal demo-
cracy, and lead through a short period of anarchy to
a long reign of tyranny and despotism. Tee noble
Chairman concluded a very eloquent and animating
address, in the earnest hope that all Englishmen'
laying aside factious views and selfish considera-
tions, would unite in the determination to preserve
that Constitution from destruction which had been
so long the pride of their own country, and the envy
and admiration of foreign nations.
" Tie Protestant Ascendancy."
On giving this toast, the CIIAMVAN elated, that

" The health of the Noble Chairman" followed,
with thanks to his Lordship for his very able and
eloquent conduct of the business of the day. His
Lordship returned his grateful acknowledgments.
" The health of the Duke of Beaufort, the Lord
Lieutenant of the county"—a Nobleman by fortune
placed in the highest station of society, but by ur-
banity and condescension accessible to the lowest;
ever ready to assist the poorest member of the com-
munity, whenever a favour was to be asked or a
benefit conferred; and who had passed through life
with such distinguished honour to himself, that he
had made many friends but not one enemy.
His Grace having returned thanks, the Noble
Chairman proposed the " Health of Lord Edward
Somerset, late Member for the county," and passed
a deserved eulogium on his military services. His
Lordship's health was drank with loud acclamation.
Lord EDWARD returned thanks.
" Mr. Bransby Cooper, the late Member for the
city."—Mr. COOPER returned thanks.
" Mr. Grove Price, late Member for Sandwich."
—This gentleman, in returning thanks, entered into
a comparative view of the Constitutions of the va-
rious nations of Europe; and having adverted to the
different forms of Government established by the
classic nations of antiquity, described the superior
excellency of the British Constitution. He gratified
the company by a most brilliant display of eloquence,
in a speech of which our limits will not enable us to
furnish an outline.

Among the other toasts were—" The Bishop and
Clergy of the Diocese," " The Rev. Dr. Cooke,"
" Th.- Chairman elect for the next meeting," " Lord
Apsley," " Lord John Somerset," " Mr. Good-
rich," " Sir B. Codrington," " Sir W. Hicks,"
" Sir E. Stanhope," " Colonel Townsend and the
14th Dragoons," " Mr. Davis," " Mr. Whitcombe,
the Honorary Secretary, with thanks for his assi-
duous services," " Messrs. Buchanan," &c.
There were many other very excellent speeches,
which the limited nature of our report prevents us
noticing. The party did nor bleak up till midnight.
The dinner and wines of Mrs. Marsh were excellent.