The Sun.
London, England, 1844-08-24 00:00:00

ALLEGED MURDER OF CAPTAIN

IIALSEY.

The prisoner, John Kent, who has been in custody at
Liverpool since the 14th inst., fur the alleged murder
of his captain, was discharged on Wednesday, a verdict
of justifiable homicide being returned by the coroner's
jury ; but as the American Consul had made a claim to
have the prisoner sent for trial to America, the
informations taken before Mr. Rushton, were for-
warded to Sir James Graham, with a view of as-
certaining from the law officers of the Crown
whether the prisoner ought to be liberated, or whether,
if sent for trial, he should be tried in this country
or in America. An answer to the latter question was
deemed of essential importance, as the American Consul
here had formally demanded that he should be sent for
trial to the United States, upon the ground that the
vessel was sailing under the American flag and upon the
high seas at the time of the occurrence. Yesterday
morning a reply was received from Sir James Graham,
inclosing the opinion of the law officers ; and shortly
after it had reached the hands of Mr. Rushton, that gen-
tleman had an interview with the Lord Chief Baron on
the bench of the Crown Court, to whom he announced
the result. Neither the communication itself, nor the
opinion of the law officers, has been made public ;
but the purport of both may be gathered pretty cor-
rectly from what transpired after their receipt. In the
first place the grand jury would have been discharged
on Tuesday, but that the Lord Chief Baron in-
timated to them that the opinion of the law officers was
expected yesterday morning, and that they might then
be required to take the bills against Kent into considera-
tion. Bills for manslaughter had in the meantime been
prepared, in order that, if the opinion should be to the
effect that the prisoner might be tried in this country,
there should be no delay in putting him on his trial. At
eleven o'clock yesterday, however, after the receipt of
Sir James Graham's letter, the bills were abandoned, and
the grand jury discharged ; and at half-past twelve
o'clock the prisoner Kent was brought up at the police-
court. Mr. Rushton thereupon asked whether the Ame-
rican Consul (who was not in attendance) had been in-
formed that prisoner would be brought up that day ?
Mr. Ellis, the senior clerk, replied in the affirmative; lie
had told the consul that he should be brought up at half-
past twelve o'clock.
Mr. Rushton then addressed the prisoner in the fol-
lowing terms :—" When the depositions in your case
were taken before me, I told you that I should submit
the evidence to high official authorities. I have done so,
and it is now my duty to discharge you. From the fact of
the body of the deceased, Captain Halsey, having been
brought within the jurisdiction of the coroner of the bo-
rough, it became necessary to institute a solemn inquiry
into the cause of his death, and since the evidence was
taken by me that inquiry has terminated. The jury were
men of great respectability, and it must be consolatory to
you to know that their verdict was one of 'justifiable
homicide.'" The prisoner was then discharged, and left
the court, accompanied by a crowd of spectators.
It is said that Captain Varnum has been appointed to
the command of the Thomas Bennett, in place of the
deceased captain—that a new crew will he shipped on
board the vessel, and that she will. shortly proceed acr:l "-,
on her voyage to Charleston.

INSPECTION OF DEPTFORD DOCKYARD BY TILE
LORDS OF THE ADMIRALTY.—The ancient dockyard at
Deptford, which is the oldest in the kingdom, and which
lay for nearly thirty years in an almost desolate state, is
about to be restored to its original state of activity and
importance. Thursday several of the Lords of the Ad-
miralty went over the whole of the departments, and
having inspected the earpenters and joiner's shops, the
foundries, the works of the boiler-makers, the wood-
sawing pits, and the timber-bending coppers, they viewed
the slips, numbered consecutively one, two, and three,
lying upon the north-west side of the yard, immediately
contiguous to the victualling Department, which is se-
parated by a wall from the dockyard. The slips have
not been used for many years, and the whole of them are
now greatly out of repair ; but we have reason to believe
that orders have been received for their immediate
restoration. The Noble Lords then proceeded to inspect
the works iu the building yard, and the forward state of
the vessels now upon the stocks, as well as the excellent
character of the work appeared very satisfactory to their
Lordships. There are now building in the dockyard at
Deptford, the Terrible, which when completed will be
the largest steam-frigate in the world ; and the Spitfire,
of 800 tons, which was commenced on the 21st of June,
in this year, and will be finished in the spring of next.
The Phoenix steamer is under repair, but now nearly
completed, The following are the dimensions of her
Majesty's steam-frigate the Terrible :—Length between
the perpendiculars 226 feet, keel for tonnage 196 feet 104
inches, extreme breadth 42 feet, depth of the hold 27
feet, engine room length 75 feet, width 38 feet, depth 27
feet, diameter of the paddle-wheels 34 feet by 13, dia-
meter of the cylinder 6 feet, power of the engines 800
horse, weight of the engines 500 tons, coal-boxes to hold
800 tons of coals, burthen 1,847 tons, cost of boilers and
engines complete 40,2501. It is expected that this noble
vessel will be launched about the spring quarter-day (the
sth of April, 1815.)
A ROYAL RAT-WARREN.—There is a small parcel
of enclosed ground, situated in the Green-park, which
was at one period a pleasure-ground, annexed to the
ranger's premises, but since the ranger's-lodge has been
removed, and the site upon which it stood has been
thrown open to the public (it forming at present a por-
tion of the promenade contiguous to Constitution-hill),
the inclosed plot of ground under consideration has been
quite neglected ; indeed, altogether deserted, and has
become of late a notorious nursery for weeds and vermin.
Situated in a bottom, nearly in a line with the spot where
the old pond used to be, it is exceedingly damp, and
the noxious vegetation it gives life to is not a greater
evil than another it upholds, viz., that of its affording re •
fuge to a dense and rapidly-increasing colony of maraud-
ing rats, which outlawed animals, finding themselves
undisturbed, carouse in this inclosure (a perfect
free warren) with the utmost assurance, aware
that from the nature of the position they
have taken up for their encamping ground, they may
rest perfectly secure from the unwelcome interrup-
tions of dogs and other inimical annoyances. Any person
passing up or down Piccadilly on that side of the way,
and looking down upon the spot in question, will per-
ceive an opening to a dead well, and squadrons of rats,
moving about in all quarters, entering and egressing
from this aperture, which appears to be the central
station for their operations. Those which are to be seen
emerging from the well are, in almost every instance,
furnished with a modicum of food, which circumstance
may lead to a conclusion that this well communicates
with the mansions on the opposite side of the road, for
the domestics affirm that they " are eaten up with rats."
The earth around the well is perfectly honeycombed
with borrows, into and out of which these vermin are to
be seen moving at all hours of the day. How leng this
obnoxious colony may continue undisturbed, it is hard to
say ; but if they are suffered to remain much longer in
quiet possession of their quarters, these expert engineers
will not only sap the foundation of Constitution-hill, but
will propagate to so alarming an extent by-and-by as to
enable them to take forcible possession of the houses and
premises opposite their present head-quarters.
The Shrewsbury Trienniel Musical Festival, iu
aid of the funds of the Salop Infirmary, is to take place
on Tuesday, Wednesday, and Thursday, the 3d, 4th, and
sth of the ensuing month, under the patronage of her
Most Gracious Majesty the Queen, the Queen Dowager,
the Duke of Sutherland, the Earl of Powis, the Earl of
Liverpool, Hon. R. H. Clive, M.P., J. C. Burton
Borough, Esq. (High Sheriff of the county), Hon. and
Rev. Lord Berwick, Sir E. J. Smythe, Bart., Sir A.
Corbet, Bart., &c. Grisi, Favanti, the Misses Williams,
Mario, Manvers, Signori Paltoni and F. Lablache, are
engaged for the occasion. On the Tuesday a miscella-
neous concert will be given, and on Wednesday Haydn's
Creation and Rossini's Stabat Mater will be performed,
and a grand ball will on Thursday terminate the festival
The ball, which, from the preparations now in progress,
is expected to be exceedingly brilliant, is under the pa-
tronage of the Duchess of Sutherland, Viscountess
Fielding, Viscountess Newport, Lady Harriet Clive,
Lady Charlotte Lister, Lady Louisa Cotes, Lady Cor-
bet, Lady Leighton, Lady Smythe, Lady Worsley, Lady
Jenkins, Hon. Mrs. Leighton, and a numerous list of
fashionables. Most of the vocalists will, immediately
after the termination of the second day, proceed to con-
tinue their tour in the provinces. .

LONDON AND CROYDON RAILWAY.—An extraordi-
nary meeting of the Directors and Proprietors of the
Croydon Railway Company was held yesterday, in the
large room over the station at London-bridge, for the
purpose of authorising the Directors of the Croydon
Company to purchase the Croydon and Epsom Railway,
or any shares or interest therein, and to create such an
additional number of shares, and to borrow such addi-
tional capital, by mortgage of the Epsom Railway, or
by bond, as might be considered necessary for completing
such purchase. W. A. Wilkinson, Esq., took the chair,
and stated that for the construction of the line to Epsom,
on the atmospheric principle, a sum of 200,000/. will be
required. A further sum of 130,0001. would be required
to carry the line to London-bridge. Several deficiencies
had been discovered in the estimates for the works on
the Croydon line, and in order to cover these, and obtain
the above additional capital, the Directors proposed to
raise 400,000/., by creating new third shares at 91. each,
which would bear interest at the rate of 51. per cent, or
could be converted into whole shares, at the rate of 27/.
per share. These shares were to be granted to the ori-
ginal shareholders at the rate of one to one. Resolutions
were passed, authorising the Directors to carry this pro-
ject into effect.
ACCIDENT FROM THE BURSTING OF A BOILER.—
A terrible accident, which no foresight could have pre-
vented. has just happened, says a Brussels journal, at
the coal-works of Ilaut Flenu. One of the six boilers
of the engine used in clearing the mine of its waters
burst, and killed instantaneously, as if he had been struck
by lightning, a mason who was at work on the opposite
side of the building. The chief engineer, who was
walking above the boilers, was thrown to a distance of
between six and seven yards against a glass door, but
a workman
who and caused him some
was not even bruised. The steam passed through the
wall,
not quite disabled,°
broken glass into an adjoining room, threw
against
lie,
however, the w a
who
severeora
and hastened with th engineer to run to the •
wabsruiinsesi.t
pistons and
stop the engine, thus preventing the evil from
becoming
much greater. They were not yet in 'me 'to save the
stoker, who was completely ell arbo•11 d
across the fields and throw himself _ , but able to run
cold water. When taken into a reservoir of
out and undressed, the whole of
,
his skin cume away with his clothes, not a particle being
left on his body, and his state is considered to be most
dangerous. Two other workmen were more or less
hurt, but neither of them seriously.
DECREASE OP CRIME IN LIVERPOOL.—From offi-
cial documents it appears that a considerable decrease
has lately taken place In the number of prisoners con-
fined in the borough prison of Liverpool. The average
number is now only 540, whilst twelve or eighteen
months ago the number was 680. This decrease is
mainly to be attributed to the great revival of trade
which has taken place in Liverpool.

SUMMER ASSIZES.
OXFORD ClRCUlT.—Gloucester, Aug. 21.
CROWN COURT.—( Before Mr. SQrgeant ATHERLEY.)
Philip Turner, a respectable-looking man of adl anced
years, was indicted for having, on the 15th of July last,
feloniously sent a letter, threatening to kill and murder
one William Salmon.

Mr. Skinner conducted the prosecution, and Mr. Hud-
dleston defended the prisoner.

It appeared that the prosecutor, being the son-in-law
of the unfortunate man charged with this offence, had
had frequent disputes and quarrels with him on the sub-
ject of his wife, to whom he had been married for a
period of only 12 months. Much angry feeling being
mutually excited, and the prisoner goaded almost to
madness by these vexations, and also by the loss of a
situation as an exciseman, which he had previously
filled, wrote and subsequently sent to his daughter the
following strange letter :
"My dear Mary Anne,—l have this day purchased a
pair of pistols with a determination of shooting your
husband, and if he has any affairs to settle with you, be
had better do it immediately, as I intend to end my days
in Gloucester Gaol anon. I shall make him pay the
forfeiture of his life ; I know where to lay wait for him,
so tell him not to deceive himself. You will excuse this
writing, as I never could write well with a steel pen.--
I remain your affectionate father,
" PHILIP TURNER.

" I shall allow him only three days from this date.
" July 15, 1844."
To the policeman who took him into custody he repeated
the threat contained in the letter, but in a manner which
evidently showed he was under the influence of liquor or
strong excitement.

At the close of the case on the part of the prosecution,
Mr. HUDDLESTON objected that the offence contem-
plated by the Act 4 George IV., c. 34, a. 3, was not
made out, as the sending of the letter must be to the-
person threatened ; and that even if the jury should find
that the sending to the daughter was with the intention
that she should hand it to her husband, upon this in-
dictment such a verdict could not be found, a 5 P.';) one or
the very numerous counts charged that
,ieletter was
r;
sent to the prosecutor, but all th averments were that
the sending was to the w3!.e. He also raised several ob-
jections on the gr3Und of variance between the original
and the letter set out in the indictment.
Mr. Sergeant ATCHERLEY, having consulted the Lord
Chief Justice, said that their united opinion was, that
these being points of very considerable importance, they
should be reserved for the opinion of the fifteen judges.
his LORDSIIIP at this stage threw out a suggestion
that upon the prisoner pleading guilty, the object csi the
prosecution and the justice of- the case would to met by
binding the prisoner in his own recognin-,ices to keep
the peace, and come up for judgment if called upon ;
which being at one concurred in by the prisoner's cotin-
of not guilty, and having
sel, he withdrew his plea
gone through the nece.saary firms, was discharged,
after a suitanlc. admonition from the Learned Judge who
presided,
Lord C)1.;
11v - .ei* Justice Tindal has been engaged the
.e day in the civil court with the tithe issue, which is
only in part heard.

NORTHERN ClRCUlT.—Liverpool, Aug. 21.
CIVIL SlDE.—(Before Mr. Justice CRESS WELL.)
GREGORY V. WILLIAMS.
This was an action for a libel by the defendant upon
the plaintiff.
Mr. Knowles and Mr. Crompton appeared for the
plaintiff, and Mr. Watson for the defendant.
It appeared from the statement of the Learned Coun-
sel for the plaintiff, and from the evidence, that the de-
fendant had been in the employ of some parties who
were engaged in working some slate quarries, out of
which a royalty was payable to a Mr. Wynne. The
plaintiff was the agent of that gentleman, who, from time
to time, took an account of the quantity of material won
upon which the royalty would be payable. In April
last a letter was received by Mr. Wynne to the following
effect:—" Sir,—Permit me to inform you that I have
certain occasion to know that the accounts rendered to
your agent, Mr. Hallins, respecting the quarry are far
from what they ought to be, and if they were investi-
gated, it would be found that you have been defrauded
of scores, if not hundreds, of pounds. I have not a doubt
but that if inquiry was made of Mr. Jones, of Festiniog,
such disclosure 3 would be made as will lead to a re-
oovery of a great part of the money of which you have
been defrauded." It then stated, that any letter ad-
dressed to him upon the subject was to be addressed to
Mr. Roberts, at the post-office. In consequence of this,
a letter was written and put into the Oswestry post-office,
addressed to Mr. Uoberts. The defendant called for the
letter. The postmaster, on his saying it was for him,
said your name is not Roberts. To which defendant re-
plied that Roberts was a man in his employ. It was
then given to him. A clue being thus obtained, it was
discovered that the defendant was the writer of the li-
bellous letter. The gentleman to whom it was addressed
deposed that he had caused examination to be made, and
he had no reason to believe that any fraud had been
practised.
Mr. WATSON addressed the jury for the defendant, and
the case having been briefly summed up, the jury, after
a short consultation, returned a verdict for the plaintiff
—Damages, 150/.
Mr. KNOWLES rose and said that the plaintiff was a
moderate man, and had only claimed 100/. in his decla-
ration.

The verdict was accordingly taken for that sum.

DRESSER, PUBLIC OFFICER, V. CLARK AND ANOTHER.

This was an action to recover the sum of 1301. for
money paid to the defendants' order.
Mr. Baines and Mr. Addison appeared for the plaintiff,
and Mr. Martin and Mr. Tomlinson for ono of the de-
fendants, a lady named Whiteside, the other defendants
having suffered judgment to go I>y default.
The plaintiff is the public registered officer of the
Yorkshire District Banking Company. The defendants
were members of a committee who, in 1839, undertook
to superintend the building of a church, near Wetherby,
in Yorkshire. The parties who had contracted to erect
the building had so little capital as not to be able to pay
the workmen from their own resources, and it was ac-
cordingly arranged that the subscriptions for the build-
ings should be paid into the above-named bank, and that
the defendants should each be security to the bank for
the repayment of the money to a certain amount. The
money was drawn out by cheques signed by the different
defendants, and one at least purported to be signed by
the lady who now resisted the action. The matter had
been allowed to stand over till last spring, when the
action was brought. The proof was long and tedious,
and Mr. Baines, amongst other witnesses, called Clarke,
one of the co-defendants in the action, who had allowed
judgment to go by default. Some argument took place
on this point ; but, on the authority of two cases—one
in the Queen's Bench, and the other in the Common
Pleas—Mr. Justice Cresswell admitted the evidence, and
Mr. Martin tendered a bill of exceptions to it.
Mr. MARTIN addressed the jury, and called several
witnesses to show that the cheque was not, in fact, signed
by the defendant, and that she was not liable.
Mr. BAINES replied, and
His LORDSHIP, telling the jury it was one of the plain-
est cases he had seen this assizes, they returned a verdict
for the plaintiff—Damages, 1301. and interest.
Mr. BAINES applied for speedy execution, but
His LORDSHIP said he doubted if he could give it
pending the bill of exceptions, but he would consider it.
CROWN Sll)E.—(Before the LORD CHIEF BARON.)
Thomas Hurst was indicted for shooting at George
Taylor, with intent to do him some grievous bodily harm.
Mr. Hulton conducted the prosecution, and Mr. Brandt
the defence.

It appeared that the prosecutor lives in the town of
Duckinfield, in Cheshire, but works in the county of
Lancaster. A small bridge of planks was laid over the
river Tame, which it was necessary for him to cross.
The bridge is a temporary erection by a railway com-
pany now forming a railway at that part. A witness,
named John Runs, stated that on the evening of the Bth
of August he saw the prisoner, who is a lad of about
seventeen years of age, standing near the end of this
bridge. He had a gun in his hand, and twelve or four-
teen boys were about him. He left them, and went on
the bridge, where he remained for a short time, and
then walked about twenty yards on the other side.
There was then a great shout from the boys, upon which
he turned round, and levelling the gun, pulled the trig-
ger. It did not go oft: He presented it again. It again
missed tire. He then presented it a third time at the
boys, who stooped as if to avoid the shot. The witness
perceived that on their doing so, he lowered the gun,
so as again to cover them. On the third attempt the
gun went oil; and the prosecutor and Joseph Chadwick
both had received several shots about the head and
great regret ; he said,
gun in
shoulders. On seeing they were wounded, the prisoner
the
es
absent,
littlenexpressed
duecrh hurt,and
someas th es
split
peas.con-
tchaerrmi.eadn
however,staeeinin eeddnattahlri imenyge dcbouuatlndad
The prisoner had been employed to assist a watchman
who
occasionusually
but left the prisoner in charge. 1\ hat directions he had
qabuocusttiotnh.e Novonrkths,ean.d present
received did not appear.
At this stage of the case his LORDSHIP put it to the
Learned Counsel for the prosecution, whether he could
sustain the felonious intent laid in the indictment? The
leaving such an instrument in the hands of such a lad
was highly reprehensible, but he thought could it
amount to more than a common assault! not
Mr. Brandt acceding to this view of the
The jury returned a verdict ac d.
cor ingly.—Sentenee
deferred.

CENTRAL CRIMINAL COURT.
OLD COURT.
(Before MT. Baron GURNEY and Mr. Justice WIGIITMAN.)
POST-OFFICE ROBBERY.—Patrick Larkins, a letter
collector in the Post-office, was indicted with stealing, on
the 12th of August, two letters containing several bills of
exchange and orders for money to the amount of 750 i.
the property of her Majesty's Postmaster-General.
Mr. Shepherd and Mr. Adolphus conducted the pro-
secution, and Mr. Ballantyne appeared for the prisoner.
Our readers will recollect that the letters in question
were sent from the Central Bank at Perth to Messrs.
Glynn, Halifax, Mills, and Co., in Lombard-street, that
they never arrived, and that the prisoner was detected in
destroying them, when he discovered that their con-
tents were of no value to him. The case has been so
recently before the public that it is tetally unnecessary
to enter
out againstnterintoitiie prisoner.ntdletaa
il.The case was most clearly
The jury found him Guilty, and
The COURT sentenced hind to transportation for life.
MunDEn.--James Carroll, a labourer, was indicted
e
instreet.
with the wilful murder of Elizabeth llobbs, on the 2d
of March last.
pßr sroonuex ai t
id
alppielaarmedk,etrietshidinedgs i na
bno
ui rtd ctahge ll e a
On the day in question a quarrel took place between
Thethe
the prisoner and deceased, who resided in the same house.
when the prisoner struck the deceased on the head net
face several times with his fists and the poker, of which
blows she died.
Mr. Ballantyne defended the prisoner
Mr. Justice IVIGILINAIi summed up.