The Sun.
London, England, 1832-02-02 00:00:00

MALICIOUSLY SHOOTING.

John Foote, an officer in the Preventive Service, ap-
parently upwards of fifty years old, was indicted for
having, on the 17th of November, on board the Eliza, on
the high seas, shot at Matthew Phillips with intent to
murder him.

Mr. C. PHILLIPS stated the case for the prosecution.
Mr. SHEPHERD, Mr. ADOLPHUS, and Mr. SCARLET;
appeared for the defence.
Mr. C. PHILLIPS, in addressing the Jury, stated that
the prisoner was a chief officer in the Preventive Service,
stationed at Quicksand Bay, in the coast of Cornwall, and
up to the present time had borne a most excellent
character ; that character would doubtless avail him,
should the Jury entertain any reasonable doubt of his
guilt. The question for the consideration of the Jury was
whether the shooting at the prosecutor was the result of
accident or design. It was very material to observe that
by the statute, officers employed on the Preventive Ser-
vice were exonerated from the consequences of any
casualty provided it occurred when they had
their colours flying. In this instance, however, it
would be proved that the prisoner had no colours flying,
and consequently he was amenable to the law for what
had occurred.

Joha Phillips sworn—Was an innkeeper and a sailor,
and knew the prisoner, who was chief officer in the Pre-
ventive Service. On the night of the 17th November was
out in a vessel called the Eliza, in Quicksand Bay, with
his brother, Matthew Phillip, and two other men. Another
beat, the Merle, was in company, and they went out
to fish for an anchor. At nine o'clock saw a boat
which proved to be the prisoner's Preventive boat. They
laid on their oars while the Preventive boat came towards
them, and when within fourteen feet of them, a gun was
fired from the Preventive boat by a tall man standing up,
and witness's brother fell, wounded in the knee. It was
a clear night but the Preventive boat carried no colours,
nor had she hailed them. After his brother fell, witness
called out "Mr. Foot, you have done a fancy job for your-
self to-night." The prisoner said, " What's that Jack."
Witness told him he had shot his brother. Some fur-
ther conversation took place between them, and the pri-
soner offered to take witness's brother ashore in his boat
to a surgeon, to have his wound dressed. On coming
ashore his brother was taken to a surgeon.
Cross-examined by Mr. ADOLPHUS—Was a fisherman
and innkeeper ; bad not been convicted of fishing for
tubs ; did not like to say whether he had ever done any
thing in thefair trade ; would not say whether he was a
smuggler or not.

John Littleton was on board the Eliza, and gave similar
testimony ; as did Richard Nicholls, who was on board
the Merle.

The prisoner being called upon for his defence, stated
that he would prove his colours were flying on the occa-
sion alluded to ; that seeing two boats together, and sus-
pecting from their appearance them to be smugglers be
made for them, and took up his gun to fire a signal, but it
hung fire twice ; that he then lowered it, and while it
was lowered it went off by accident.

Thomas James, an officer employed under the prisoner,
was called, and proved that the gu❑ went off accidentally,
and that the colours were flying on board the prisoner's
boat.

Mr. Justice ALDERSON stopped the case.
The Jury expressed themselves perfectly satisfied, and
acquitted the prisoner.

THE FUNDS.-(THIS DAY.)

CITY, TWELVE 0' CL 0 CK.
The following was received by the French mail this
morning :7-

Letters from Corfu of the January state that great
activity prevails in the maritime movements of the Eng-
lish forces in the Mediterranean, and they are concentrating
their forces, caused by the existing differences between the
Porte and the Pacha of Egypt. The French fleet will
follow the same example.

The letters from Lyons state that great anxiety still
prevails in that town, fearing that fresh commotions will
take place. Patroles are stationed in all the streets, and
the sentinels have been doubled, but the last telegraphic
despatch announces that all there was tranquil.
A letter from Genoa brings the melancholy information
that the town of Foligno experienced thirty-two shocks
of earthquake, and the thirty-third shock reduced the
whole town to ashes. It is also said the Government
have sent orders to the Viceroy of Sardinia, to call toge-
ther immediately all the militia in the island, consisting of
9,000 cavalry and 17,000 infantry. A Colonel of the
at tillery has been despatched to inspect the fortifications
of the coast.

They write from Lisbon (Jan. 15) that a general report
prevailed there of a note having been delivered to Don
Miguel by the Spanish Minister, which caused him much
uneasiness. It is said this note contains advice to Don
Miguel to give up his throne and retire from Portugal, as
it was the wish of England and France. His answer was,
he required no assistance from Spain or any other Power,
—he had sufficient troops to defend his country, and would
remain till the last extremity.
A letter from Milan says 12,000 Austrians have been
sent from Manteau, to occupy the territory of the Pope,
and restore order.