The Sun.
London, England, 1857-05-06 00:00:00

IN ERROR.

102 3

This morning having been appointed by the tors!
Chief Justice Campbell, for the delivering of the deci-
sion i4f their lordships on the points raised on behalf of
the prisoner, Thomas Mansell, the court was crowded
to excess. From the facts of the case which have al-
ready appeared in The Sun, it wi'l be recollected that
the prisoner, Thomas Mansell, was a private soldier,
and on December last was tried and convicted at the
Maidstone Xesizes, for the murder of a man named
Birney, a I.ince-corporal in the 49th Regiment. At
the trial the counsel for the prisoner raised en-
tain objections to the manner in which the
jury was c imposed, and contended that the
counsel for the Crown had exercised a power which
they did not possess in ordering certain persons who en-
tertained conscientious objections as to capital punish-
ment, who?e names appeared on the panel, to stand by.
The point was argued at great length before their lord-
ships in the Court of Queen's Bench on Saturday last,
and the judgment of the Court was reserved until this
morning.

At ten o'clock the prisoner, strongly handcuffed,
entered the court in custody of the Governorof Newgate,
Mr. Weatherhead, and his officials. He seemed to take
but little interest in the proceedings in which he was so
seriously involved.

The learned Judges having taken their seats on the

bench,

Lord Chief-Justice Campbell said—Thomas ManseP,
he Court, having anxiously considered the whole case
and carefully examined the authorities that had been
cited in the course of the arguments, have come to the
conclusion that none of the errors can be supported. His
lordship then proceeded to read a very lengthy judgm
meat, in the course of which he remarked, that to put a
construction on the act of Parliament, such as had been
laid down by the counsel for the prisoner, would be to
do that which would be different from what all
who had gone before had done, and which also be be
lieved was contrary to the expressed intentions of the
act; so that the first ground of error, viz., that the
Crown had ordered certain jurors to stand by without
a cause, entirely failed. Then, again, with respect t
the objection of the prisoner's counsel to the composition
of the jury, in none of the cases cited bad the Court
been able to discover anything whiair differed from the
usual practice. Previous to the trial of the prisoner
coming on a certain jury had left the Court to consider
their verdict, and a jury was about to be formed from
the panel to try the present case. After the names bad
been gone through, owing to the absence of several of
the parties summoned, nine persons were all that an-
swered to their names, and at that moment the jury
which bad left the Court having returned and delivered
their verdict, three of them were placed upon
Mansell's jury. This, it was contended, was
wrong. The Court was of a different opinion ;
it appeared to their lordships that the prisoner
had had his case heard with as mach attention
and had the same justice awarded to him as he would
have received if the point contended for, viz., going
through the list again, bad been done. Then, again,
with respect to the argument of error, that the juror
Jabez Philpotts went into the box and before
he was sworn, informed the court that he enter.
tamed conscientious objections with respect to capital
punishment. The court ordered him to stand by, and
this, it was contended, was contrary to law ; but their
lordships took a different view of the circumstance. It
had also been argued that the verdict againi4 the prisoner
ought to be reversed in point of form, but be
was cf opinion that, if an expression of court
conveyed no legal opinion, then no error bad been com-
mitted. Another objection was made—viz., that the
record did not contain the words that the prisoner was
to be tried by twelve good and lawful men of Kent ;
but this was unimportant. His lordship concluded by
saying that, having gone through the whole of the errors,
it only remained for him to give judgment for the
107 r Crown.

1021
91i

t

E 7

Mr. Justice Wightman said—Thomas Mansell, you
have been tried and convicted of murder, and sentence
of deatb bas been passed upon-you, and, in consequence
of certain points that were raised by your counsel having
had to be argued, that sentence still remains to be car
tied into effect. We do not intend again to sentence
you to death, that has already been done, but the court
directs that you he taken from hence, in the custody of
the Governor of Newgate, and by him to be transferred
to the sheriff of the county of Kent, and re-conveyed to
Maidstone, and there executed on Monday, the 18th
of May.

The prisoner, having bowed to the judge, then quitted
the court. lie maintained the same apparent calmness
and self-possys,ion during the wh01.3 of the p roceedings,
as marked his entry into the court. Once or twice
there was a convulsive movement of the muscles of the
face, but nothing wore.

COURT OF BANKRUPTCY.
(Before Mr. Comruißsioner Goulburn.)

IN RH G. C. FRINGIADI.

This bankrupt was described as of Gresham-house,
Old Broad-street, and to-day was appointed for his last
examination. It appeared from the report of the official
assignee that the bankrupt's books had been exceedingly
well kept, and the bankruptcy appeared to have arisen
through losses in consequence of the sudden termination
of the late war, through the depreciation in value of the
merchandise in trading to Alexandria, &c. The balance-
sheet shows a capital of 12,5001. on January, 1853, and
present debts 91,4981. To creditors hold,ng security,
13,7681. ; liabilities (on bills receivablb 80,1961.), of
which is expected to be proved against the estate
25,2601. Creditor—By' cash given up, 3,606 ; good
debts, 4,2421. ; property, 14,7481. ; ditto in the hands
of creditors, 15,2191. ; due from the firm of Frangiadi
and Valent, 23,2451. ; losses, 40,1351. A.* present it is
impossible to calculate what the amount of the dividend
will be.
The bankrupt passed without opposition.

POLICE INTELLIGENCE.—(This Day).

GUILDHALL.

Rebekah Rice Hamilton, who stands charged with
having sent abominal)l.3 and disgusting letters to nu-
merous gentlemen connected with the City of London,
was this morning placed at the bar and fully committed.
The following is a copy of a letter sent to the prisoner's
landlord for the purpose of throwing the officers off the
scent :

Sir,—l no you ave been annoyed, and I think it wax
a disgraceful thing for two drunken policemen to break
into Mrs. Burley's hones. If Miss Arailton appears
ail wil go wrong with her ; we will throw all the blame
on to her shoulders. Suspicion already rests upon her.
Our captain will take good care that she suffers. You
shall not be annoyed any more.—Yours, &c. M. L.

The prisoner loudly protested that she was innocent,
and had been the dupe of other guilty persons.

Alderman Wire said the prisoner was now committed
for trial, and she had better reserve her defence till she
got before a jury.

The prisoner was then removed.

THE RUSSIAN RAILWAY SCHEME.--The subscription
list for the Russian railway scheme was closed yesterday
afternoon, and it is understood that scarcely any Eng-
lish applications have been received except from persons
who, from the nature of their business connexions with
the Russian Government, or with the London con-
tractors, have felt compelled to Dome forward. Alto-
gether the failure seems even more complete than was
at fir-t anticipated. It is presumed, however, that the
real figures connected with it will not be allowed to
transpire, and that arrargements to that effect will be
made at St. Petersburg.
SINGULAR A FFAIR —On Monday evening a young
Irish girl presented herself at the Walworth-road Police-
station, and addressing Inspector Worrell, said she
wished to give herself up to meet an accusation of felony
that had been made against her, and added that she had
come from Kingstown, uear Dublin, to do so. The in-
spector, who at once recognised her, perceiving that she
had a bundle in her hand, which she seemed to be taking
more than ordinary care of, asked of what it consisted,
and she, without the slightest hesitation, told him. She
said that during her passage from Kingstown to Holy-
head she had been seized with the pains of labour, and
with the assistance of a female on board was delivered
of a female chill, which was dead at its birth. She did
not stop at Holyhead, but came off at once with the
train, and walked from Euston-station to the Walworth-
road. On hearing this strange story, Mr. Worrell at
once sent for a medical man, who examined the body of
the infant, and gave it as his opinion that its death bad
been caused by neglect. The unfortunate woman was
at once sent to Newington workhouse, and the remains
of her offspring were also sent to the workhouse to await
the coroner's inquest.