The Sun.
London, England, 1844-02-08 00:00:00

were called. Messrs. Dollond, opticians, St. Paul's CENTRAL CRI VLINAL COURT.
Churchyard, for a pair of the best globes, a first-rate • . OLD COURT. •
opera glass, a microscope, &c., the bill amounting to ,
(Before Mr. Justice COLERIDGE and Mr. Justice CRESSWELL.) •
between 301. and 40/. ; Stammer, Strand, silversmith, 1 Ckarles Edwards, a young man of respectable ap-
-1051. 9s. ; Perry, Oxford street, silversmith, 961. 165.; pearance, was charged with having feloniously attempted].
Braithwaite, silversmith, 2201. 2s. &d.-531. paid on the to discharge a loaded pistol at Matilda Potter, with
24th of February, 1842, by a 50/. note, traced to King ; intent to murder her.
Lambert and Rawlines, silversmiths, 167/. 7s. In another count, the prisoner's intent was laid to be
Several of the tradesmen stated that Mrs. Birch came to maim" and disable the prosecutrix, or to do her soaves
in a carriage and ordered the goods, and in many in- grievous bodily harm.
stances she "was a perfect stranger to them, but in others 1 Mr. Clarkson and Mr. Payne conducted the prosecu
she had small accounts of a few shillings or pounds for tion ; Mr. Wilkins defended the prisoner.
trifling articles. It appeared from the evidence, that the prosecutrix is
of the papers found in the oven, when a widow, and lives with her mother, who keeps a coffee-
put together, formed letters in the handwriting of house in Bridge-house-place, Southwark. The prisoner
King, addressed to Mrs. Birch as " Dearest Emily, had lodged in the house, and paid attentions to the pro--
and speaking of his extreme poverty. Some of secutrix, which it appeared were discouraged by her
them were draughts of letters to tradesmen and her mother, and in October he quitted the house.
in his writing, the copies of which were sent to the He continued to come there, however, and continued his
tradesmen in the handwriting of Mrs. Birch, and some attention to the prosecutrix, although he was repeatedly
of them were lists of articles to be had from different requested to desist from, so 'doing, and also not to come
tradesmen, in King's writing. Not a shilling had been to the house. On Sunday, the 14th January, the pri-
paid for any of these goods. In one instance Mrs. Birch soner went to the prosecutrix in the coffee-room,. sna
called upon a silversmith and ordered a quantity of told her that he was come to.wish her good-bye, /1114
plate, but she wanted credit ; the tradesman said he that she would not see him any more, and he then went.
would give credit upon having a rtference ; she then re- away. About five o'clock the next evening, the prisoner
ferred him to a- person, stating he was her attorney ; again went to the house, and, after some conversation.
but the tradesman refused to give credit upon this refe- with the prosecutrix, he drew a pistol from .his pocket,
rence, as he said her attorney would be sure to give pointed it close to her neck, and pulled the trigger, but,
her a good character, and, in fact, he did not like at- fortunately without effect, as the pistol did not explode.
torneys. The prosecutrix's mother laid hold of the prisoner,
Proof was then given of the seizure of the goods on the upon which he said that he would serve her the same.
Ist of March, under two executions, one at the suit of
The prisoner was then secured by a policeman, and, on
H. W. 11. King, for 2,1531., and the other at the suit of the pistol being examined, it was found to be charged-
Dorcas Phillips, for 520/. Mrs. Birch was present when
with gunpowder and a ball.
the levy was made ; she was laid up with the gout at the The prosecutrix on being cross-examined said 'that'
time. The goods were very splendid ; they were sold the prisoner had paid her attentions for three or fob
under the seizure, on the 9th, 10th, and 11th of March, months, and always expressed the greatest affection for
for 2,499/. 16s. lid. The plate alone sold for 700/. or her. Upon one occasion he took a ring from her finger
8001. 'plc-whole amount was afterwards paid into the and wore it until the next day, when he returned it to.
Court of Queen's Bench and Common Plea, upon inter- her. She denied that she had ever expressed any ace"
pleader rules, the assignees having prevented Mr. King tion for him, but said that he had often told her that he
from receiving any part of the money. would die for her. Some letters were produced by Mr.
This was the case for the prosecution. Wilkins which she admitted were in her handwriting.
The Learned JUDGE asked the Counsel for the prose- The evidence of the prosecutrix was corroborated by
cution if they thought there was evidence to go to the her mother and other witnesses, one of whom said, that
jury against Miss Birch ? after the prisoner had made the first attempt to dir.
Mr. HuSIFREY thought there was ; and the case pro- charge the pistol; he pulled back the hammer of the pis'.
ceeded against all the parties. tol, apparently for the purpose of making a second !It:
Mr. KELLY then addressed the jury on behalf of the tempt, and when he was secured he said that 1101 in-
defendant King. He would freely admit that there was tended to shoot the prosecutrix, and afterwards &bet
much to blame, much to condemn, perhaps more to sus- himself.
pect, as regarded the conduct of more than one of .the The constable, upon being cross-examined .by Mr- •
parties. Some parts of their conduct, 'he would admit, WILKINS, said that the nipple of the pistol was to
it was utterly impossible to justify. If by law one or
clogged up that it was not likely to have exploded. ,
more of the defendants had committed any offence, he Mr. WILKINS, on behalf of the prisoner, contended
hoped he should satisfy them that it was not the offence that the evidence- only showed the prisoner to have been
chargedin this indictment. He implored them, by all that guilty of a silly, foolish act, merely with the intention o -
was sacred, not to allow any sentiments of disappro- frightening the prosecutrix, and that he had no into
bation, however justly called forth in their minds, to
tion either to kill or to injure her in any manner.
lead them away for a moment from the discharge of Mr. Justice CRESSWELL having summed up the We,
the simple and plain duty they had to perform, which the jury, after a very short deliberation, returned a l'er-
was, to determine, not whether these parties had done
diet of Guilty,
right or done wrong, but, looking at the nature of the The prisoner was sentenced to be transported f°l
charge, were any two of them guilty upon that charge? fifteen years.
He admitted that King, at the time when he first bore a
part in these transactions, did undoubtedly press forward
with undue eagerness to obtain a preference in his own
favour befiire the other just creditors of Mrs. Birch; but
if the fiat against her was valid, be would not obtain a
shilling under that execution.
Mr. GODSON addressed the jury on behalf of the two
female defendants, and submitted to them that there
was no evidence of a conspiracy having been entered
into between these partie4.
Mr. Justice WILLIAMS then summed up the case to
the jury, kaving it to the jury to say which, if any, of
the defendants they considered to be guilty.
The jury retired for a short time, and then returned
a verdict of Guilty on the first count against King and
Emily Ann Birch (Mrs. Birch), and Not Guilty as re-
garded Miss Birch. The jury also wished to express
their astonishment at the want of caution in the parties
who had trusted Mrs. Birch, and they also hoped the
length of time Mrs. Birch had already been in prison
(nine-months) would be taken into consideration.
Mrs. Birch was then brought forward and placed on
the floor of the Court to receive judgment. King was
called, but did not appear.
Mr.GonsoN did not object to sentence being passed, so
that it did not prejudice his motion next term in arrest
of judgment, as he should submit that the first count
was bad in law.
Mr. Justice WILLIAMS said he certainly should pass
judgment at once; he did not mean to discourage Mr.
Godson in his applicatibn, but he had no doubt.
The Learned JuDGE then proceeded—Emily Ann
Birch, the length of time you have been in prison, to
which the jury have adverted, is not overlooked by me,
nor am I insensible to the time of life at which you have
arrived, and of the punishment imprisonment must of
necessity- be to a"person of your years; but when I bear
in mind the nature of the evidence adduced on the pre-
sent occasion, unexampled ly anything in the history of
this country in the shape, weithe one hand, of deception,
and, on the other, of persevering imposition,--when I
bear in mind the extent to which different honest men
have been plundered of their goods, and that this scheme
of which the jury have convicted you—a scheme which
for a time had existed, and which was nearly successful
to the extent to which it was carried,—notwithstanding
the circumstances to which I have alluded—your.
age and infirmities—it is impossible to pass it without a
sentence of considerable severity ; indeed, it would be
trilling with the public interest if, when a ewe is
brought home to the delinquents charged with an offence
of this kind, the arm of justice did not interpose to the
utmost for the protection of the property of the subjects
of the realm. It seems that King does not appear to
receive sentence, and I firmly believe that although you
appear universally to have given the orders, yet I can-
not but suppose, from the intimacy which it is evident
existed between you and that defendant, that he was
probably 'the principal conspirer and contriver. 'lt is
necessary therefore in his case, though absent, that
sentence should be passed to mark the opinion enter-
tained of his conduct arid of the transaction that affects
him. With respect to him, the sentence of the Court is
that he be imprisoned in the Queen's Prison for
eighteen calendar months ; and deeming you to be
second in the transaction, though chiefly appearing, the
sentence is that you be imprisoned in the Queen's Prison
for nine calendar months.
s'

POLICE INTELLIGENCE.
(YESTERDAY.)
CLERICEIV WELL.
Joseph Tuohy, a managing Chancery clerk, was fins"
examined on two separate and distinct charges=-the
one for embezzling a banker's cheque for 83/, all
large quantity of lawyers' briefs, account-books,
other valuable documents ; the other for embezzling t"„-
sum of 91. 9s. 2d., being the amount of a cheqse O'"
Messrs. Cocks and Biddulph, bankers, Charing-cross,
both being the property of his employer, Mr. Henri
Bedford, a solicitor, 4, Gray's Inn-square, and residing •
at 20, Calthorpe-street, St. Pancras.
The preceding part of the case appeared in The Scat
of the 25th ult. It will be recollected that on tet
occasion the evidence adduced went to prove ,tfa,
on the 9th December, 1839; the prisoned receiver
__IP",„
his employer a cheque on the bank of Messrs. RoW:li;
and Co., which he was directed to hand over to IP,
W. Harcourt Torriano, a. Chancery barrister, residluo
in Stone-buildings, Lincoln's Inn, as payment of Pr;
fessional fees. It was further proved that the prislip
had received a cheque for 9L 9s. 2d. from.. 4,
Bachey, a solicitor, residing in Salisbury-square, F 1
street, as payment of a debt due to Mr. Bedford. hue
The prisoner acknowledged having received Pof
cheque for 831., and stated that this was the amotint.„,„
the debt due by the prosecutor to Mr. Torriano for Pf.t,,
fessional service, including a deduction of 5 or 10,5
cent., which the prisoner alleged Mr. Torriano's c,®
had informed him his master would make for inuneul'
payment. He had accounted for the cheque. hi
Mr. Bedford said the prisoner mentioned to 4
this alleged communication of Mr. Torriano's clerk, sslide
he believed that a deduction of 5 per cent. was r°
from Mr. Torriano's bill, in consequence ot- the,1305
soner's pressing it so earnestly upon him. On, cf.
matter, however, he could not speak with terra u,
The prisoner had not accounted to him for the cheqso
Mr. CONBE expressed his very great surprise th;so
respectable and eminent a lawyer as Mr. Torrithei
would consent to so unprofessional a deduction as
mentioned ; he ould not believe it.
James Barr cy, Mr. Tor riano's clerk, deposed tbg
ire
made no such communication to the prisoner.
Mr. Torriano deposed that he never consented to an_ft,
such arrangement with Mr. Bedford, the prisoner,
any other person. He considered that such an arranger
ment would be unworthy of a barrister. lie ha 3 nef
received the cheque from the prisoner.
Mr. Bedford swore he had not authorised the. priison
to receive the cheque from Mr. Bachey, and that 'he W`
not, in any way, accounted to witness for it. The
tr:
soner, on the night of his apprehension, the 24th . 14.
besought witness's forgiveness, and, when refuse_dA,
began to weep, and, running into a dark part a ,
thorpe-fields, said he would cut his throat with his ?jag
knife. He subsequently attempted to escape by runw-
away, but was finally secured by a police-officer. Bhp,
Scarlett, clerk to. Messrs. Roberts, and Mr. the
clerk to Messrs. Cocks and Biddulph, deposed ths'ate.
prisoner had the cheques cashed at these establishnieto
Inspector Barton deposed to having found a quart
of account-books, briefs, and papers, in the house °
Deacon, 6, Borough-road, which Mr. Bedford identi
as hisoperty. the.
Mr. Deacon deposed that the prisoner place-
things in his custody in July, 1843. and
The prisoner said he would reserve his defence,
was fully committed for trial. charge of
William Beckley was finally examined on ti chn,
embezzling 801., the property of his' emPileiroad'
Nutley, a wholesale cheesemonger, residing i"
street, Bloombury. 111
The facts of the case have already appeared
prisoner was fully committed for trial.
WORSHIP-STREET. „ who,
;40,
Yesterday an elderly man, named Robert Ifr'Yos of '''
for nearly twenty years, carried on the busil,i_evisi
bookbinder and stationer in Brick-lane, St. 1,014'
charged before Mr. Broughton with receiving, „rd.!
quantity of printing materials, the property 01_,
Ford, a master printer, in Beech-street, Barieat" twelcsu
The prosecutor, a .Quaker, had, for the far the ai
or a, aat
Months, missed a vast quantity of property, f
count, eV
appearance of which he was at a loss to se his tor
his suspicion at lengp rested upon four of
mere 11%
tices, upon whom he set a watch, and who about
detected. The boys were given into custrin. the
weeks ago, and examined at this Court c and
dence being clearly against them, they
mitted to the House of Correction for one ice
labour. harpt
'werlieeoeci'tuch-s
labour. - .The boys had, all through, refuse,".,ed thelloo
information as to the person who had jinni:: „risen
rob their master; but, on coming out °__r,rison'A
Thursday last, they went to the house of /114 turte;
who gave them a lodging for that night;ender
them out in the morning, and refused Or which, tiing
any further assistance; in consequence 0' and fee'
were obliged to go back to their master, be the
afsia
very indignant at what they conceived t
or the w°,ob..
goner's ingratitude,related to the proseeFa, bean osc
facts of the case. They stated that they n"'
the to fats'
bins their master for the last eleven 1110,11" es; and
shameful extencoltype, boards, iron evt, either
rials of every description, all of which t"-i'to leir
ried to the prisoner's house, or delivereo before- tore,
sonally in the early part of the niorning't el rock
master was up, the prisoner coming abroosron, sou oleo
ing to receive it and take it away in an aProolisirta so.
time urging them to get him more, r„e they, with
they should never be without a shilling WiuLicateti_dor
The prosecutor, on learning the fact,conto_se on sev.
se,
the police, who went to the prisoner's 1,
.1•_`.,0 :300
night and searched it, where they found Li; °latis.' sfer
creted in a cellar under the stairs, elevenosv
ecutorr, be
in a closet, and a great quantity of the PradritiVer. tborP
made up into books, and brevier Woe
Lloyd, Bees .013/11
prisoner was then taken into custo y.
_.„ed abbe
Mansfield, and two of the apprentices
that at Cor
Franklin and John Summer, clearly
aaid
charge, and the prisoner, who merely was was nv
deal of what had been stated against 17trial.
rect, was fully committed to Novgate, to
„:000

ARCHES' COCRI Feb. 7.

THE OFFICE OF THE JUDGE PROMOTED BY TITCHMA.IIBII

AGAINST CHAPMAN.

This was a cause, which in its preliminary stages has
been several times noticed, in which proceedings have
been instituted, under the Church Discipline Act,
against a clergyman (the Rev. William Herbert Chap-
man, Rector of Basingbourn, in the province of Ely) for
refusing to bury the corpse of a parishioner (the infant
daughter of a member of a congregation of Independents),
without sufficient cause for such refusal. The defen-
dant at first appeared under protest to the Court's juris-
diction; on the ground that the time limited by the Act '
had run out ; but this protest was overruled, and an
application to a Court of law for a prohibition failed.
The articles were subsequently brought in and admitted,
and an allegation was stow offered defensive to the
articles, which pleaded the law and a justification upon
the facts. As this, in point of form, was only a question
as to the admissibility of a plea ex parte,—though the
decision of this question may possibly decide the case,—
and as the argument on the part of the defendant in
support of the allegation was only part heard, we shall
at present restrict our report to a statement of the
nature of the defence set up by the defendant's counsel.
After the QUEEN'S ADVOCATE and Dr. ADDAMS, on
behalf of the promoter, had argued against the admissi-
bility of the allegation, principally on the ground that
the question had been already decided in the case of
" Kemp v. Wickes," and " Mastin v. Escott"—the latter
decision having been affirmed by the Judicial Corn.
mittee on appeal—
Dr. PHILLIMORE, for the Rev. Mr. Chapman, observed
that this was a proceeding pro salute animie, under the
68th canon, by a person whom he maintained to be,
according to the law and language of the Church, and
in the sense of the Church, a schismatic or heretic. He
did not deny, after the decision in " Mastin v. Escott,"
the validity of lay-baptism ; but he set up that this was
a heretical baptism, the effect of which was a question
which this Court and the Judicial Committee had
specially reserved. The first point, therefore, was,
whether this baptism was heretical or schismatic ?
secondly, if so, what was the effect of such a baptism ?
And there was a third question, namely, whether a
member of an Independent congregation could proceed,
under the canon, against a clergyman of the Church of
England, to punish him pro salute animie ? The
Learned Advocate then proceeded to show what was
heresy, defining a heretic " one whose opinions were
opposite to those of the Established Church," and a
schismatic, " one who separated himself from the true
Church ;" and he cited the Statutes 1 Elizabeth, c. 1, 29
Car. 11., the Councils of Constantinople and of Chal-
cedon. The effect of heretical baptism he showed from
St. Augustin, and that it required something to be done
before a person so baptised could be admitted into the
boom of the Church.
Sir H. J. FUST—Do you mean to contend that hereti-
cal baptism is no baptism at all ?
Dr. PrimustortE—No ; it is good after certain cere-
monies are performed. The ceremony of baptism is not
required to be performed over again. There are defi-
ciencies in the performance of the rite which must be
supplied. Here is a heretic putting forward a canon of
the Church against a clergyman pro salute animas. We
do not interfere-with the civil rights of the party ; this
is no question as to a civil right, but as to a spiritual
right. Ido not say that the party is not a Christian.
The Con RT—Then she is entitled to Christian burial.
Dr. PUILLIMORE—CertainIy, in their own cemetery.
The COURT—Then it is compulsory on such persons to
provide cemeteries for themselves?
Dr. PMLLIMORE—My argument is, that you cannot
permit a heretic or schismatic to put in motion a canon
cf the Church for punishing a clergyman for the good of
his soul.
The COURT—Is this child a heretic ?

IDnafOanlen,totrlyfie,a 31 st ult., at the Grove,_
B IBTES . 'qrs. POP
son. • t lOW
On the Ist '
Richards, Adjutant of the 3d Regiment of Dow-
Southwark, .
_..,
of
alsnosnt.., at Paris, the lady of LitiLentallayiotiro
WO
of Own. tp.ec2odpine, sEt.4a,tofGarovoone:terrace, Kentish-town, the
~ Mrs Rim
JaOmnestiGier2ondeinostf.,aindoooxfghotrodr:terrace, Hyde-Par' • ....A
..:,... the 7"-
On the 4th inst., at Greenlands, Buckinghanisiw—
of George Jackson, Esq., of a son.
the
i (WWII 131trd
On the sth inst., at Kensington, Jetty O.
low, of the 61st Regiment, of a daughter.

the
MARRIED. b•
On the Bth inst., at St. Mary's Church, Nellsing°
v tobell°, -- 6
Rev. J. R. Pitman, John S. Bailey, Esq., of °-- Thotlio
Edinburgh, to Emma Margaret, third daughter ox
De Vear, of 8, Kensingtoti-crescent.

DIED. Esrl 6
On the 3d inst., at Canford, Dorset, Frederick'
red 28'
Bessborough, aged 87. ESq., iliosbiter
On the 26th ult., in London, George Lister, i .wo ht.,
On the 27th ult., at Somerley, near Brigg9,l'llith VP
Edward Weston, Esq., formerly Captain in tl'e
'
vissent f'
Dragoons, aged 71. s 4.
On the 4th inst., at Thistle-gr homes
ove, ...
formerly a Captain in the Militia, aged 82. Allist°—
On the sth inst., Sarah Ann, the wife of John
Esq., of Russell-square. icic-sce;o9'
On the sth• inst., in Hunter-street, Bruno- azed '
Mary, the widow of the late William Beckett, Esl4-Xlhert"
On the 4th inst., Mr. Richard Stafford Raw lin* '
terrace, New Kingston, Surrey. coniniere
t
'014°84
On the Gth inst., at Commercial-plact,
Thoas Hall Esq., aged 85. -19 Dre4l
Onm the 6th, inst., at Wamham Court, Sussex, Ileo
croft, Esq., aged 56.
Mr. Henry Rimell, of New Bond-street,_ 59'

Dr. PlinumoßE—Yes, in one sense.
The COURT—I can understand why a child who has
not been baptised at all should not have burial ; but I
cannot understand how a child should be refused burial
because it is a heretic.
Dr. PRILLIMORE—The child was baptised in heresy
and schism..
The COURT—The canon excepts such as .6 have been
denounced excommunicate majore excommunicatione
Id
for some grievous and notorious crime." Has this chi
been so denounced ? You do not distinguish between
the effect of heresy and schism on the party
.ad nu
tering the rite and on the party to whom the rite
is ad-
ministered.
Dr. PHILLIMORE—The part deceased is excluded
y
from a spiritual right by the fault of her parents.
The ar, Iment stands over till next Court day.

London: Printed and Published by MIJRPO the
No. 112, Strand, at The Sun Office, N 0.112, Straua,
County of bliddle6ex, Thursday, Febrnary 8, 1844'

The Hon. Manners Su the had
'an in
we.terview with L,
Wharncliffe yesterday at the council-of

.

~.