The Sun.
London, England, 1835-03-24 00:00:00

SHIPPING INTELLIGENCE.

DOVER, MARCII 22. Arrived, yesterday, his Majesty's
packet Crusader, with his Excellency Noury Effendi, the
Turkish Ambassador, and suite ; who, upon landing, went to
the Ship Hotel, from vs-hence his Excellency set off for Lon-
don. Arrived, to-day, his Majesty's packet Firefly, with the
public despatches, &c., from Calais; also, his Majesty's packet
Salamander, in six hours, from Ostend, with the mail, des-
patches, &c.; also Le Courier, French packet, with the mail,
from Calais. Sailed, to-day, his Majesty's packet Crusader,
with the mail, &c., for Calais.

VESSELS ENTERED INWARDS AT THE CUSTOM

HOUSE, MARCH 23.
The Earl of Liverpool, Lomax, from Rotterdam; Geesina,
Wykmeyer, Rotterdam; Wow Styha, Bekkering, Rotterdam;
Ann Elizabeth, Borkhout, Rotterdam ; Attwood, Morfee,
Antwerp; Active, Whitnall, Dunkirk; Wilhelmina, Paterson,
Gottenburg ; Harriot, Marler, Ostend; Neptune. Haceks,
Ostend ; Vrow Christinia, Dood, Amsterdam ; Fancy, Fitch-
ner, St. Michael's ; Duke of Wellington, Thomas, St. Mi-
chael's; United Brothers, Fore, jun., St. Michael's; Mauri-
sonia, Taylor, Megadore ; Venus, Ellingson, Oster Kuson ;
Helene, Koster, Memel ; Charlotte, Daniel, Calais ; Lively,
Finch, Harlingen ; Ernest George, Waach, Copenhagen;
Trois Sceurs, Merlin, Gravelines ; Fure Sodskende, Detle-
feur ; Sundaborg ; James Cruickshank, Young, Demerara;
Amity, Fowler, Newport, Holland; Wister, Werner, Dram.
ENTERED OUTWARDS FOR LOADING, MARCH 23.
The Nereide, Faillant, for Calais; Albertine, Zielesch,
Stettin; Sterling, Paulin, Bermuda ; Sir E. Banks, Nor-
wood, Rotterdam ; Tyro, Tritton, Havre and Rouen ; Juno,
Liedoke, Dantzic.

CLEARED OUTWARDS WITH CARGO, MARCH 23.
The Antelope, Steinkraur, Copenhagen and Elsineur;
Twee 6/it broders Rieko, Antwerp; Helens, Butterfield, Ant-
werp; Boston, Mitchell, New York; Unity, Williams, Havre;
George, Brown, Demerara ' • Williams, Monkman, Antwerp;
Cato, Brown, Grenada and St. Vincent's; William Harris,
Torry, Sydney, New South Wales.
CLEARED OUTWARDS IN BALLAST, MARCH 23.
The Margarets, Scott, for Riga.

FATAL EFFECTS OF SOMNAMBULISM.—On
Thursday morning last Charles Perdue, aged 43, a pensioner
in the Hospital, came by his death in consequence of falling
from the window of Norris Ward in the middle of the night.
The poor fellow lingered until nine o'clock, and then expired.
An inquest was held upon the body last night, before C. J.
Carttar, Esq., when the following evidence transpired :
Philip Guyton, who was in the watch near the East Gate, saw
the deceased about a quarter before two o'clock, upon the flag_
stones of the North-cast square, with his pantaloons, shirt, and
stockings on; he lay on his, face groaning, and unable to
speak. Witness called the boatswain of the watch, Andrew
Hamilton, who had the deceased conveyed to the Infirmary.
He was a quiet sober man, and acted as messenger to W.
Payne, Esq., and went to his cabin as usual on the previous
night before ten o'clock. Thomas Ellis, a pensioner, who slept
in the next cabin to that of Perdue, said that he had seen the
deceased two nights previous walking in his sleep. The boat-
swain of the infirmary, who had been acquainted with the de-
ceased for a number of years, said that twelve years ago he
walked in his sleep from No. 22, in the barracks at Ports-
mouth, to the Canteen, a distance of fifty yards. Verdict—
Accidental Death.—Greenwich Guardian.

A most tragical event, which took place a few
months ago in Franc-, and which has led to a legal process, is
the general subject of conversation in the fashionable circles at
Paris, where the family of the victim occupies a distinguished
place. Mademoiselle de M., the young and lovely daughter
of the Baron de M., was sought in marriage by an officer,
whose rank and fortune were not considered adequate to the
expectations of the lady. Exasperated by a refusal, the
unworthy suitor concealed himself in the chamber of the
young lady, and when all the house were buried in
sleep, stole from his hiding place, and awoke the fair and in-
nocent slumberer by a passionate avowal of his love and des-
pair. The young lady cried aloud for the assistance of her
friends, when her unmanly assailant, maddened by love and
vengeance, inflicted on her many wounds, none of which, for-
tunately have proved fatal, though the terror and loss of blood
occasioned by his brutal and dastardly violence have affected
her health to such a degree, that she has ever since remained
in a most precarious and languishing condition. The perpe-
trator of this crime has been arrested and thrown into prison,
and will soon be brought to trial.—Morning Paper.
A POACHER SHOT.—On the night of the 18th
of February, the preserves of Lord Dynevor, at Barrington-
Bushes, were entered by six poachers, all labourers of Milton,
in the county of Oxford. After they had destroyed several
pheasants, the gun of James Watts burst, and the breech of
the barrel and apart of the iron work of the stock was forced
into his skull. He was carried home by his companions upon
a gate. In the morning two surgeons were sent for, who
found the part of the exploded gun so firmly fixed in his head,
that their surgical instruments were too weak to extract it,
and they were obliged to use a carpenter's pincers to wrench
the iron from the skull. Strange to say the wounded man
still exists, and the symptoms are so favourable as to give some
faint hope that he may survive the accident. Four of his com-
panions are committed to the county gaol, to take their trial
at the next assizes, for night poaching, the fifth having turned
approver —Bristol Mercury.

ASSIZE INTELLIGENCE.

CIRCUIT. 711
--AIDSTONE, MARCH 21 .
CROWN COURT.
Alexander Tzudurski, a Pole, aged twenty-four, was t.laced
at the bar, charged with uttering a forged conterfeit bill of
exchange for 5001., with intent to defraud George Finch at
East 'Wickham.
The prisoner, who pretended not to speak English. made a
long defence. in which he narrated a history of himself. He
denied any fraudulent intentions relative to the bill.
The Learned JUDGE having summed up, the Jury, which
was composed of equal numbers of foreigners and English, re-
turned a verdict of Guilty. Sentence was deferred, a point
of law being reserved for the consideration of the Juda

Il OM

iges.

WESTERN CIRCUIT.—ExErrn, MAncir 21
Grace Minfield was charged with the wilful murder of a
female infant child.
Mr. Baron CURSE'S directed the surgeon to be first exa-
mined, who deposed that the child was born alive, but there
were no marks of violence on it, upon which his LORDSHIP di-
rected an acquittal.
Jane Briant, aged twenty, was charged with the wilful
murder of her infant child.
Sarah Burgess lived opposite the prisoner in Tynemonth.
On the 7th of August last went into the kitchen of the pri-
soner, who resided with her father, and there saw her wiping
the floor. She had told witness that she had miscarried, and
took her up stairs, when she showed her the child in a basin
of water, having its head downwards. It was then dead. She
requested witness not to tell her father, or he would turn her
away. About a month previously asked the prisoner if she
was not with child, and who the father was ? The prisoner
denied being in the family way.
Mr. Harvey, a surgeon, came to see the child. On exami-
nation was satisfied that it was born alive. The scalp was
fractured in ten places. Two of the fractures might have
been caused by a fall or a blow. The other fractures were
very slight. Found the child in a water-pan, having ashes and
water in it. Came to the conclusion that it died of violence.
Cross-examined—The kitchen floor was rather rough, and
the fractures on the skull might -be occasioned by a woman
delivering herself in the kitchen without assistance.
Verdict—Not Guilty.

ORFOLK CIRCUIT.—CiatBRIDGZ MARCH 23.
CRIMINAL COURT.
George Simmons, aged 43, was charged ci ith having, on
the 9th of December last, committed an assault on Elizabeth
Pettit.
The Learned Judge summed up at great length, and the
Jury returned a verdict of Guilty.
The trial occupied about four hours.

NORTHERN ClRCUlT.—Lexc.,isrErt, Al.trica 91.
CROWN COURT.
Hugh Fawcett, aged 21, a young man of genteel exterior,
was indicted for the wilful murder of William Smith, at Li-
verpool. On the 9th of November the prisoner went early in
the morning to a tavern kept by a person named M'Lean, and
appeared as if he had just come off a voyage. He seemed
unwell, and ate nothing, remaining in the house a couple of
days, and in bed the chief Dart of that time. On Sunday,
the 9th, he went out, and returned with two individuals, for
whom and himself tea was prepared ; not satisfied, however,
with what was provided, some herrings were required, and
the female waiter was ordered to go out for some. Whilst
she was preparing to do so, Smith, who was sitting in
the house, said he would go too, and go with the girl on
his way home. Accordingly they were setting forth, when
the prisoner attempted to stop the girl, but she slipped
from him and went out. She and Smith, however, had not
proceeded far when they were overtaken by the prisoner, who,
seizing the deceased by the collar, ordered him in an authori-
tative manner, to "go back, it would be batter for him." The
deceased said it would not, and the injunction was repeated with
a similar effect; whereupon (the girl having previously ob-
served something which she mistook for a knife in the prisoner's
hand) Fawcett stepped before him and merely observing that
" If one won't do another will," he levelled a pistol at the de-
ceased, fired, and Smith fell. He died shortly afterwards. The
prisoner fled, but was followed and taken in a cellar hole hard
by, into which he had crept. This was the whole transaction,
and the defence set up was that of insanity. Most respectable
medical and clerical testimony was adduced to show that the
prisoner, whose family moved in the first society in Dublin, and
who himself was educated at Trinity College, has for the last
three or four years been labouring under confirmed mania.
Under these circumstances the Jury at once acquitted the
prisoner, on the ground of insanity.
James Smith, aged 25, was indicted for the murder of his
wife, Elizabeth Smith, at Hulme, in the parish of Manchester.
The prisoner was a private in the Royal Artillery. On
Sunday, the 24th of August, the troop being then stationed in
Hulme barrack, and the prisoner and his wife residing in a
room adjacent, the prisoner came home somewhat intoxicated,
and conducted himself rather violently, and in such a way as
to frighten his wife. At length he took his carbine, and
loaded it, with the intention, as his wife supposed, of commit-
ting suicide; and she ran into the street, crying " Murder 1"
to give the alarm. She had a child in her arms at the time.
She was returning into the House, when, having one foot on
the threshold, the report of fire-arms was heard, and the 'fe-
male fell dead. The prisoner remained in the house, and to
the constable confessed that he had shot her.
The Jury acquitted him of the charge of murder, but found
him guilty of Manslaughter.
He was sentenced to transportation for life.

FALORY V. KAY&
This was an action brought by an individual named Falory,
resident in Liverpool, against a wine and spirit merchant named
Kaye, of the same town, for criminal conversation with the
plaintiff's wife.
The Jury found a verdict for the plaintiff—Damages 40s.
The case occupied the Court until 9 o'clock in the evening.

ELLIS V. SELBY.
I This cause was instituted for carrying the trusts of the will
of a Mr. Ellis into execution. The only poirt in it of any in-
te:est will be sufficiently underEtood from the follow in portico of his Honour's judgment.
His HONOUR said that in certain events, wl.ich had arisen,
the testator directed the trustees of a residue of stock, and the
survivors and the survivor of them, to pay and apply the same
to and for such charitable and other purposes as they, his said
trustees, and the survivors and the survi%or of them, his exe-
cutors or administrators, should think fit, without bei.- g ac-
countable to any person or persons whomsoever for such their
disposition thereof. Now his Honour would admit that if they could collect from the whole will that nothing else but charity was meant, then the gift would be perfectly good, and their
case would fall within the two cases of Waldo v. Caley and
Horde v. Earl of Saffalk, which were pressed upon his atten-
tion. In the gifts in these two cases, nothing cle was pointed
at but charity. In thelatter, a distinction was erawn between
charities of a public and of a private nature. But in both, it
being clear that charity was intended, it was merely not
thought necessary to direct a schepe for the application of the
funds. In the present case the testator had expressly drawn a
distinction between charitable and other purposes, whereby he
must have meant charitable purpoes, and purposes not chari-
table. What he meant by the latter, or whether they included
a beneficial interest to the trustees themselves, was immaterial,
as the case was neither more nor less than a gift to A or to
13, which is void for uncertainty.