The Sun.
London, England, 1868-10-07 00:00:00

THE SUN, LONDON, WEDNESDAY EVENING, OCTOBER 7, 1838.

POLICE INTELLIGENCE—This Day.;

BOW-STREET.

George Henry Davidson, a corporal in the Cold-
stream Guards, was charged with stealing a watch,
the property of Elizabeth Harvey.
The prosecutrix said she became acquainted with
the prisoner, and as he told her he had frequently
in the course of his duty to get up in the night to
ascertain the time, she said she would lend him her
watch. She did so, but when she wished for it to
be returned she found the prisoner had pawned it,
as he said she had given it to him. She did no
such thing.
The Corporal said the girl gave him the watch
as a present, and he fully believed that he had a
right to do what he liked with it. He had no
notion of stealing the watch, as some of his com-
rades heard and saw the girl give it him.
The iro.secutrix denied having given the watch
away, she only lent it.
The magistrate thought there was no proof of
stealing, but he should fine the prisoner 458., viz.,
20s. for illegally pawning, and 255. the value of the
watch. He would give him a week to pty the
money.

The corporal said be would do so, and was dis
charged.

MARLBOROUGH STREET.

BITING A MAN'S FINGER NEARLY OFF.—Thomas
Clark, living in Denmark-place, Soho, was brought
before Mr. Tyrwhitt on a warrant, by Jeffrey,
one of the warrant officers, charged with the fol-
lowing savage assault :
Henry Monk, of Denmark-place, Soho, who had
his hand in a sling, said that on Monday night he
was at a harmonic meeting at the Royal George,
Crown-street, Soho, and on going down stairs he put
his hand over a partition to reach a glass of ale,
when his hand was seized by some one at the other
side of the partition, and directly after he felt it
being bitten severely. He called out that his finger
was being bit off, and some one laid hold of him
and pulled him away, so as to get his finger out of
the mouth of the person who was biting him, and
who, he afterwards found, was the prisoner. He
became very faint from pain, and went to the hos-
pital and had his finger attended to, and he was
told to keep his hand in a sling, to be very careful
with it, and to attend the hospital again.
The barman at the public-house proved seeing
the prisoner seize the prosecutor's finger and bite
it.
Luke Jeffrey, the warrant officer, said that on
taking the prisoner into custody, he said that he
had bitten tha prosecutor's finger, but that he had
done it while excited, and that he had seat an
apology. _

'The prisoner entered into a long statement,
which showed that he had assaulted the prosecutor
in revenge for an alleged injury eight years ago,
the prosecutor on the night in question pointing
his finger derisively at him.
The prosecutor denied having given the prisoner
any provocation. _ _ .

11,1;. Tyrwhitt said the prisoner was a malicious
cowardly fellow, and committed him, for 21 days
with hard labour.

BEGGING THROUGH BETTING.—Henry Mitchell, a
well-dressed young man, wearing a cameo pin and
ring, and who described himself as a stationer, of
Swan-street, Borough, was charged before Mr.
Tyrwhitt with begging.
Police-constable Palmer, 54 C R, said that last
night while in Regent-street a gentleman drew his
attention to the prisoner, who was stopping every
gentleman he came near and begging. He went to
the Quadrant and saw the prisoner take hold of a
gentleman, and saw the gentleman give the prisoner
half a crown,a two shilling piece, and some coppers,
and he then took him into custody. On taking the
prisoner to the station he said that he was very
hard up, that he had been betting and spent all his
money on horse racing.

Mr. Tyrwhitt committed the prisoner for seven
days with hard labour.

THAMES.

IMPORTANT DECISION.—This morning Mr. Ben-
son gave his decision, after a month's adjourn-
ment of the following case, and which will no doubt
be read with much interest by licensed victuallers
and beersellers.

John Anderson, the landlord of the Duke's Heal
bmrhouse, in Dake-street, St. George-in-the-East,
was charged with having his house open for the
sale of b 2er and ale before the hour of one o'clock
in the afternoon on Saucily, the 33th of August
last.

Mr. Stoddart, silicitor, of ArbDur-street, Elst
Stepney, defended Mr. Anderson. The information
against the defendant was laid by Inspector Gee,
of the K division.

Police-sergeant Smith, No. 47 IC, stated that at
20 minutes past 10 o'clock on the morning of Sun-
day, the 30th August, he was watching the defen -
dant's house, in company with a police-constable
and saw four men and two women come out of the
beerhouse. They walked a short distance, and then
one of the men turnel back and gave something t 3
the defendant, who was at his own door. lie did
not know what it was. A minute and a half after-
wards he went into the defendant's house. There
were no persons there except Mr. Anderson and
his family, nor any indications whatever
of people, being supplied with bee: or ale. Thera
were no slops on the counter--a
--a wooden one. The
counter was dry. lie searched the bed-room, cellar,
and yard and could find no one there.

qucross-eximinat'on by Mr. Stoddart the witness
said that he was sure the four men au l two women
came out of the defendant's house. They did not
come out of the house of Mr. Wallace next door.
Ile saw no signs of drinking in the defendant's
house.

Mr. Stoddart said the people did not come out
of his client's house on the Sunday morning in
question, but from the premises of Mr. Wallace, a
stove and range maker, upon whom several cus.
tomers and friends called to give orders and upon
visits. The police-sergeant hai made a mistake.
The defendant denied having his house open at all
for the sale of beer on the Sunday in question until
one o'clock in the afternoon. But even supposing
the six persons did come out of the defendant's
house, it was not such an opening as was contem-
plated by the Act of Parliament. A minute and
a half afterwards—and he quoted the police officer's
own word E—he went into the house and found no
visitors or any signs of a customer, or of any drink
having been previously supplied that morning to
any one. It the people did coins out of the Duke's
Head, they might have been there for religious ex-
ercises. (A. laugh.)
Mr. Bcnion—Not very likely in a beer-house.
Mr. Stoddart—Or for many other purposes. I
confidently rely upon the acquittal of my client.
People cannot be convicted on mere suspicion in
this country. _ _ _

Inspector Gee said the defendant had been con-
victed of Sunday trading during the prohibited
hours three times, and the fines levied were 20s. for
the first, 40s. fur the second, and 60s. for the third
offence.

Mr. Stoddart that statement was made to pre-
judice the defendant.

Mr. Benson said it would not, and could not,
prejudice the defendant as regards the law of
the case, but in the event of a conviction he should
ask about the general character of the defendant's
house, and whether there had been any former con-
viction. He had carefully considered this question
in the course of the last month, and had carefully
read the Act of Parliament bearing on the case.
Ile was of opinion the four men and two women
did come out of the defendant's house at twenty
minutes past ten, and that the sergeant was correct
in his evidence. That was all the case against
the defendant. He agreed with the interpretation
of the law as laid down by Mr. Stoddart. The police
had not proved any Sunday trading during
the prohibited hours against the defendant, or that
ally person had been supplied with beer. The mere
fact of six persons leaving the house was no proof
that the law had been violated, or that a drop of
beer had been supplied to any one. The " open-
ing" of the house was not such an opening as was
contemplated by the Act of Parliament, and the
8111111110/14 Alt* J dismissed.

THE POPE'S IN TO

PROTESTANTS.

The following is the full text of the Apostolic
Letter addressed by the Pope to all Protestant and
non -Catholic bcdies :
" Pius, Sovereign Pontiff (ninth of the name) to all
Protestants and non-Catholics—
" You must already all know that we who, de-
spite our unworthiness, have been raised to the
Throne of Peter, and therefore have been advanced
to the supreme government of the whole Catholic
Church, and to its administration, which has been
entrusted to us in Divine fashion by Christ himself
our Lord, have judged it fit to summon before us
all our venerable brethren, the bishops of all the
world, and to convene them in an Ecumenical
Council, which is to be celebrated next year, in
such a manner that with those same venerable bre-
thren who have been summoned to take a part in
this the subject of our rkilicitude, we may be able to
adopt all Vie most opportune and necessary resolu-
tiJns to dis.::il•ate the shadows of so large a number of
pestilential errors which duly are extending their
power and license to the gre it prejudice of soils,
and daily more and more to eAtablish an I strengthen
Among the Christian pe?ples co:nrnitted t> our

watchful care the reignoftha true faith, of justice,
and of the true peace of God. Relying, then, with
a firm confidence upon the close and affectionate
bond of union which unites those our sane vener-
able brothers to our person and to the Apostolic
See, and who have never ceased at any period of
our pontificate to give to us and to the Apostolic
See the most striking evidences of faith,of love,and
of respect, we truly hope that as it has been in
times past with other general councils, so it may be
in the present, and that this Ecumenical Council
convoked by us may bring forth, with the help of
the Divine grace, the most rich and most fertile
fruits to the great glory of God and the eternal
welfare of man.

" Therefore, in that hope, and instigated and
encouraged by the charity of our Lord Jesus Christ,
who laid down his life for the salvation of the world,
we cannot forbear on the occasion of the meeting
of the next council addressing our apostolic and
paternal word to all those who, while recognising
that same Jesus Christ as our Saviour, and rejoicing
in the name of Christians, yet still do not profess the
veritable faith of Christ, or follow the communion
of the Catholic Church. Aud, if we do so, it is, be-
fore all, to warn, exhort, and supplicate them with all
our zeal and all our charity to consider, and seriously
examine, if they in truth follow the path prescribed
by our Lord Jesus Christ, and which leads to eternal
happiness. In fact, no one can deny or doubt that
Jesus Christ himself, in order that all future human
generations shculd enjoy the fruit of His redemp-
tion, built; up here below his Church in the person
of Peter ; that is to say,'the Church, one, holy,
Catholic, and apostolic, and thaQie granted to him
all the necessary power in order that the faith
should be preserved intact and entire, and that the
same faith should be transmitted to all peoples, to
all races, and to all nations, in such a manner that
all men should be able to be united in his mystical
body in baptism, and always to preserve in them-
selves until the entire development of that new life
of grace, without which no one can ever merit or ob-
tain life eternal; so that the same Church which con-
stitutes the mystical body shall remain until the end of
time firm and indestructible in its own constitution,
developed in vigour, and furnishing to its children
all that is necessary for life eternal.
" Now, whoever wishes well to consider and ex-
amine with attention the different religious societies
divided among themselves and separated from the
Catholic Church, which since the time of the Lord
Jesus Christ and His apostles has always uninter-
ruptedly exercised, and still exercises by means of
its legitimate pastors, the power entrusted to her
by our Lord Himself— whoever, we say, shall thus
examine will easily convince himself that not one
of those religious societies, nor all the religious so-
cieties together, constitutes, or in any way can be
considered as the one and only Catholic Church which
our Lord Jesus Christ founded, constituted, and do-
sired should exist; that they cannot in any way be re-
garded as a member or a part of that same Church, be-
cause theyare visibly separated from all Catholic unity.
As, in fact, those societies are deprived of that
living authority established by Gad, who pointed
out to mankind before all things the matter of faith
and the rule of morality, who directed and presided
over them in all things affecting their eternal wel-
fare ; theref ire, those societies themselves con-
stantly varied in their doctrine, and this mobility,
this instability is unceasing.

" Every one can easily comprehend that this state
of things is altogether opposed to the Church esta-
blished by Christ our Lord—a Church in which
the truth must always rest unaltered without being
the subject of any change, as a charge entrusted to
that same Church in order that she may preserve it
in all its integrity, a charge for the care of which
the presence of the holy Ghost and its aid has been
granted for ever to this Church.
"No one can ignore the fact that these diffe-
rences of doctrine and opinion give rise to the
social schisms, and therefrom spring those innu-
merable sects and communions which are daily in-
creasing to the detriment of Christian and civil
society.

it Whoever, in fact, recognises religion as the
foundation of human society cannot refuse to ad-
mit and avow the influence exercised over civilised
society by those divisions and disagreements of
principles of that nature, and of religious societies
struggling one with the other ; and also with what
power the denial of authority established by God to
regulate the convictions of the human intelligence,
and to direct the actions of men, both in their social
and private life, has excited, has developed, and
has fomented those most unfortunate troubles, those
events, and those disturbances, which agitate and
affect almost all nations in a most deplorable
manner.

" Therefore, in order that all those who are not
instilled with the principles of the unity and truth
of the Catholic Church should seize the occasion
offered to them by the Council, in which the Catho-
lic Church to which their ancestors belonged shows
a proof of its complete unity, of its vigour, and of
its inextinguishable vitality—that they should
obey the necessities of their hearts, that they should
strive to tear themselves away from that state in
which they cannot be assured of their salvation.
" That they should address without ceasing the
most fervent prayers to God that He should dissi-
pate the cloud of error, and that He should briug
them back int) the bosom of the Church of our
Holy Mother, where their ancestors received the
salutary nourishment of life, and alone preserves
in its integrity the doctrine of JosusChrist,haudiug
it down and dispensing the mysteries of celestial
grace.

" We, therefore, who ought most zealously to
fulfil all the duties of a good pastor, in accordance
with the charge of our apostolic ministry entrusted
to us by Christ our Lord himself, and who ought
to embrace all men in the world in our paternal
charity, address this letter to all Christians sepa-
rated from us, a letter in which we exhort and sup-
plicate them to hasten to return to the fold of
Christ.

" It is because we heartily desire their salvation
inJesusChrist,and fear one day to have to render an
account of their soul to that same Jesus Christ, our
Judge, if we do not point out to them and open to
them, as much as in us, the way which they must
follow if they would gain their salvation.
" Also, in all our prayers and supplications, and
while performing acts of grace, we never cease
humbly to ask for them, both by night and day, the
celestial light and the abundance of grace from the
Eternal Pastor of Souls; and whereas, despite our
unworthiness, we fulfil upon earth the functions of
the Vicar of Christ, we await with open arms the
return of those wandering sons to the Catholic
Church, in order that we may be able to receive
them with all affection into the dwelling of the
Celestial Father, and make them participators in
his everlasting treasures.
" It is that much-wished-for return to the truth
and communion of the Catholic Church, on which
depends not only the salvation of each one in par-
ticular but of the whole Christian society ; and the
world will never enjoy true peace until it forms one
flock under one pastor.

" Given at Home, at St. Peter's, Sept, 13, 1868,
an the 23cl year of our rutiAcato.7