The Sun.
London, England, 1844-01-23 00:00:00

riety of authorities in support of his position, and submitted
that the documents now proposed to be read in ecidebee, as
showing the general nature of the conspiracy with which the
traversers were charged, should be admitted.
Mr. MOOR E, Queen's Counsel, followed on the same side
. .

The COURT ruled accordingly in favour of the Crown.
The Court adjourned till ten o'clock on Monday (this)
morning.

Now rea.!-!y at all the Libraries, in 3 vols.,
TIIE SECRET PASSION.
By the Author of
"SHAKSPEARE AND HIS FRIENDS," " THE
YOUTH OF SHAKSPEARE," &e.
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NOW READY, ILLUSTRATED BY LEECH, &c.,
CUE AP EDITIONS of MRS. TROLLOI3I;:'S
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1. JESSIE. PHILLIPS, a Tale of the New Poor Law, corn-

plete in I vol ,with Twelve Illustration', price 12s. bound.
'• The mingled force and pathos comprised in this capital
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2. The LIFE and ADVENTURES of MICHAEL
ARMSTRONG, the FACTORY-BOY. I vol., with
Twenty-four Illustrations, price 12s. bound.
" Mrs. Trollope.wields a powerful pen, and has got a strong
hold on popular feeling. • Her work is admirably written."—
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PROPERTY HAS ITS DEITIES AS WELL AS ITS

RIGHTS.
Just ready, in post Svo.,
THE, "-MONSTER' MISERY of IRELAND:
A PRACTICAL TREATISE ON
THE RELATION OF LANDLORD AND TENANT.
WITH SUGGESTIONS for LEGISLATIVE MEA-
SURES and the MANAGEMENT of LANDED PRO-
PERTY; the RESULT of ABOVE THIRTY YEARS'
EXPERIENCE and STUDY on the SUBJECT.

By JOHN. WIGGINS, Esq., F. G.S.
English Agent to Estates in the South and North of Ireland.
Richard Belaley, New Burlington-street,
(Publisher in Ordinary to her Majesty).

THEATRE ROYAL, DRURY-LANE.
THIS EVENING, JANUARY 23,
WIN he teppated a New Grand Opera, in three Acts, calledTliE
BOHEMIAN GIRL Count Aniheim, Sir. Borrani ; haddeus,
Mr, W. Harrison; Arline, Miss Raintorth; Queen 01 the Gipsies,
Betts. .
Atter which, will be repeated a New Grand Comic ChrUtmas
Pantom. me, entitle:l HA 111-EQ UIN AN 1) KING PEP! N ; or,
s7A ',ENTINE AND ORSON. Harlequin, Mr. Howell; Colum-
bine, Mist' ('arson; Clown, Mr. 1. I(,(lgwdy ; Pantaloon, Mr.
Blanchard. • .
I)re.ss BOXES 75., Second Price 3S. lid. ; Upper Circles a, Beres 3.4..
second Price :is.; l'it :Is , Second nice i:s.; ill date ''allery
S ccond Price. Is. ; Upper_ Gallery Is., Second Price (id.
THEATRE ROYAL-COVENI.GARDEN.
M, JULLIEN'S ('ONCERTS.
THIS EVENING, JANUARY 2',
PROGRAM 31E FOR THIS EV ENING—PART I.
Overture. Eur)ai.the— Maier.
New Quadrille, entitled the Toy Quadrille; with `:o10 by Master
Trio, for two. Violoncellos and Double:Bass, by Messrs. Crouch,
Hancock, and H 'well —Corelli,
- Valse, Clementine, composed expre,sly Cir her Majesty's State Balls
Grand Fivitasia in the Cornet-a-Piston, by Herr Krrnig.
Bitrtetta I hladrille, entitled Onne mdi for he 31illion
. . • • PART IL
• Beethoven's Sir:P.)loa. in A (first •
New Quadrilre, The". Iri:dt Echus=-Jellien.- • • • •
solo, AlLyster '1 hiriwafi.
Itanketeu—Strauss.
•
The English Qii.eirille—Julhen.
Doors Open at Half-past Seven, commence at Eutht o'Clock. •
Promenade, Is , Upper 110»o, h..; Dress Circle, 2s. ; Private
li. Is. 'tickets to be Obtained• at the Box-oltice of the
l'aeatte; of 31r, M,tchell, (41(1 Bond-street; Mr. Andrews, New
B 41i-street; St. James's-street; and M. Alibates Office,
Maddox-stteet, Bond-street.

THEATRE ROYAL, HAYMARKET.
BENJAMIN WEBSTb:It, LESSEE.
RE.ENGAGEMENT OF PROFESSOR RISLEY •
AND tIIS INFANT SON.
Tuts EVENING, JANUARI 29,
Will be repeated thu Comedy of THE MERRY WIVES OF
WINDSOR. •Sir John Falstaff; Mr. Sirickland; Master Slender,
Mr. C. Mathews; Mr. Furd, Mr. Stuart; Mr. Page, 'Mr. Howe;
Fenton, Mr. Catiltield; Sir Hugh Evans - Mr. Webster; Mrs. Page,Madame Vestris ; Mrs. Ford, Mn. Ni.bett; Mrs, Quickly, Mrs.
Grover ; Anne Page, Miss M.,ttley.
After whichpthe Unparalleled Petforrnancesot Professor RISLEY
and his 3,0 N. •

To conclude with a New hairy Extravaganza, entitled I H E FAIR
ONE WITH THE GOLDEN LOCKS! King Lachryintiso, Mr.
J. gland; Prince Graceful, Miss I'. Horton ; Queen Lucidora,
Miss Julia Bennett.
Orchestra Stalls, Ss. ; Boxes, ss. ; Pit, ; Gallery, i's.; Upper
Gallery, ls. Half-price—Boxes, 3s. ; Pit, ..2.5.; Gallery, Is. ; Upper
Gallery, 6tl. Doors opened at Halt past Six, and the Performances
commence at Seven.

- .
'rickets and Places to be had of Mr I. T. Archer, at the Box—
office, from Ten till Five.

H ROYAL HAYMARKET.
POSITIVELY EAIRE
THE LAST NIGHT Bill' FOUR OF PRO—
FESSOR RISLEY AND HIS INFANT SONS.
Unprecedented success attending the revival of " The Merry
Wives of Windsor," which wiil te• acted every 'evening till further
notice, thusca:t John Falstaff. Mr Strickland; Slender, Mr.
Charles Mathews; Evans, Mr. Webster; Ford, Mr. Stuart ; Page,
Mr. Howe; Calus, Mr. J. Bland; Pistol, Mr. Brind3l; Mrs. Page,
Madame Vestris; Mrs. Ford, Mrs. Nisbett ; Dame Quickly, Mrs.
Glover. By special request of many families of dis.inction, and in
consequence of the numerous disappointments, arising from the
nightly overflows, of witnessing the extraordinary and unique Per-
formances of Professor Risley and his Infant Son, Master John
Risley, 'The Little Wonder," they have been induced to forego
their Provincial'Eugagements, and re. main for positively Five Nights
only, appeasing every evening this week. Master H. Riley (only tour
years old) will make his first and only appearances on Thursday,
Friday, and Saturday, and go through a Series of Performances, in
conjunction with his Father and Brother, unparalleled for elegance
and fearless daring

L T. ARCHER, Box-book Keeper.

THEATRE ROYAL,' ADELPHL
The Rest Pantomime of the SeasOn—Gorgeous Scenery.
VENING, JANURY 23,
The New Drama, embra 4
Ex cing traotdinaryA; Effects. Powerful Cast,
and Novel Scenic Display; called
THE BOHEMIAN; or, The Rogues ot l'aris. Principal
Characters by Messrs, Lyon, 0. Smith, Wright, WmWA, slaynaid,
Mrs. Yates. Miss E. Stanley, Mrs. F. Matthews.
After which, a New Grand Christmas Pantomime. called HA R.
LEQUIN ULIJE BEARD. or, The Fairy of the Silver Crescent.
?roamed with Enormous Splendour and Wofalcrtul Effccts:
Columbine, Miss Button; Harlequin Quicksilver, by the inimitable
Wieland; Clown, by the Grimaldi 'ot the day, Mr. T. Matthews,
from the Theatresitoyals. cment-gaitlen and Drury.lane; Panta.
loon, Mr. Johnstone.,

PRINCESS'S THEATRic OXFORD-STREET.
LESSEE, Mr. J. AL MADDOX.
• , 1:HIS EVENING, JANUARY 23,
Wirl be perk/fined -I,UCREZIA -BORGIA. Don Alphonao, 3lr.
BunJioi ; Getmarro, Mr. Allen.; Mailio Orsin,, Mrs. H. P. Grattan ;
UtMetta, Mr. Walton ;: Lucrezia Borgia, Madame Eugenia Garcia..
• After which, A DAY IA ELL SPENT.
To conclude with the .New Musical Burlesque Spectacle, entitled
T MAGIC MI tt RO R. Sing . Song, Mrs. •H. P. Grattan; Poo.
Poo, Mr. Paul Bediord ; Sloe.Leal, Miss R. Isaacs. •

ASTLXY'S ROYAL AMPHI'IHEATRE GI. AIM.
TiivpUnder the. Management of Mr. Batty, Proprietor.
rim ,
hant Success of the Equestrian Novelties and Pantomimes
_.
GRAND NATIONAL OLIDAY CLOSING }EI for
"I'he :uccession of crowded houses and increased demands for
Place.. at the liox.o 1. cc, compels the Proprietor •to announce that
thi/ Popular &tat:bailment will remain Open a few Nights longer; ;
a7ici, by svecial desire,. and 03 Concurrence with the. wi, hes or
.Astley's Patrons, according to animal custom, for a :cries of British
Nation nal F
with iiiraving the V H
Victories of England's ero—
Appointments, .. . eo, it/ Militsry" Eilk N ,
ets, 'dew Dresses Scenerv, arid
.
....;,, Scenery,
THIS EVENING, JANUARY 1,. -
Will be porformed the (;rand National Spectacle of THE BATTLE. 1
01, 1V Al'Elt.l.oo. Nipob!on litionapArte, Mr. Gomersgl, his mi.- l'
gnial character.

• Yew'
.Scenes in the Circle.
conclude with .the.. l'anturnLir ILARLEQUIN TAM
trbItANTER.

DA V WOE'S ROYAL SU ItitEy THEA't ItE. •
As usual, the funniest and most successtul Pantomime.
THIS EVENING, JANUARY 23;
Will be repeated a New Drama; entitled STELLA RITTERS.
DORF. Sup. cited by Messrs. Saville, Hughes, Hicks, R. Honner'
Neville, Vale, Smith, Johnson, Lewis,
.estop, Mrs. R. Homier, Mrs.
Daly. Mrs. Hughes, Miss Terrey,.and. Mrs. H. Vining.
Atter which an entirely new •Or.and 'Comic • Pantomime With Splendid Scenery, Superb Dresses;, Inimitable Properties and Tricks,
every thing new and or the roost costly description, 11 A ItLEQU
GitA 3IMA or,,Litpiley. Murray,aial EIO U. Harlequin, Mr.
%V, H. Harvey; Grotesque, Mr. stilt; Clown. Mr. Fuller; Tanta.
loon, Mr. Hawkins; Columbines (alternately) R. Fair-
brAtor and Miss Sharpy.
Maces and Private boxes to be had of Mr. Kerschner, at the Box-
°tee, from .Ele?en_t Fou r.

VICIORIA TtIEATRB.
LVENING',-JANUATti".Z,

gn L!itirf..l3,'YeW Porectitit; Vrsrna..cntitl tt
rovtu'ryl Lsonird, Jtr. tte.r.r;
Nmitz ; uit, 1)41c; l'Att-y
; Vr.:4;l,:iin,,.‘ips!::Vilfrertt. • • - • -•
- Aittf which • :sIATURE.AVIS A" IrL• which
ivilisustaio her Five OrigiuNtJ jAiiirKter4. •
To conettuie with ILI LEDUIN-I,IIVC.IiLN LUCK Y tiF LAM.
it Errs. The 'throe biztels of Witila Willow Dell. Harlequin,
)Ic. hapino ; Clova q_ Saithrowi Plibtaloon, bit. ltioreth;
Utii. al:0.112144

Mr. M'DoNoGH then rose to object to the reading of the
documents as against his client; and proceeded to read the
several matters enumerated in the bill of particulars, to show
the wide range of evidence selected by the Crown, and he '
contended that if these books were not included, it was quite
plain that they ought to be now, on every principle of justice,
excluded. To show that the Crown could not be allowed to
wander oat of the bill of particulars furnished, he referred to
the case of " the. King against Hamilton," 7 Carrington and
Payne, page 453. In that case the prosecutors added to the
end of the bill of particulars furnished by them a notice that-
they intended to produce further evidence not therein specified,
and Mr. Justice Littledale said that it would be for the Judge
at the trial to.deeide whether that further evidence, which was
not included in the bill of particulars; should be received. In
the present case, no such notice as that referred to was attached
td the bill of particulars, which was most minute and ample in
its details. He submitted that the point should be decided—
not in reference to the magnitude of the present trial, but
according to the general principle of law ; and, confident that
that was in his favour, he objected, on the part of Mr. Barrett,
to the reception of the books in evidence.
The CHIEF JUSTICE—When was the bill of particulars fur-
nished?
Mr. M`DoNocu—On the 13th of November, 1843.
The ATTOKNEY-GENER.AL concurred in the observation of
Mr. M'Donogh that there should, in the decision to be made,
be no distinction between this and any other case. He denied
that the principle relied on by the opposite side was admissible.
They were not bound by any rule of law in cases of conspiracy
to enumerate all the evidence they intended to give. They
were only bound to specify the nature of the charge. That
was the principle established in all the recent decisions upon
this subject, as the Court would find by an abstract of the
cases bearing upon the point which their Lordships would find
in Phillips upon Evidence, p. 492 (the edition of )838). It
could not .for a moment be contended that the Crown was
called upon to furnish in the bill of particulars the evidence
upon which the charge of conspiracy was to be based.
Judge BUKTON—The bill of particulars does not purport
to give or to state any of the evidence that might be adduced.
The ATTORNEY-.GENERAC said not, and referred to a va-

M'Donogh. He said he was not aware that Mr.
- Browne's ev:denee went further than that at some time or
other he printed those documents for the Association, and
was paid for them by the secretary.
Judge By aTONsaid, he thought the question to be argued
was, whether these documents, as given in evidence, were
admissible, as not being contained in the bill of particulars?
s%lr. Mootte slid, that was the question for the Court to
decide, .but he wished to show, in the first instance, the na-
ture of the evidence given. He would submit that, as there
was nothing to show these documents were adopted at any of
the meetings at which the_traversers were present, they did
not come within any of the three classes of evidence referred
to by Mr. ISl'Donogh.
The SOLICITOR-GENERAL, in reply upon behalf of the
Crown, said that, as he understood the Counsel on the other'
side, there were two arguments put forward by them in support
of the motion; one of which was, that the evidence offered was
not set out as an overt act in the indictment or bill of par-
ticulars, which it was the duty of the Crown to have given, if
they intended to prove it. Now, he (the Solicitor-General)
would say, that such an argument was a misconception of the j
law upon the subject, for it would be a most extraordinary doc-
trine to lay down, that the Crown was to furnish a prisoner er
defendant with the evidence to be brought forward against him.
The CHILF. J vsncE pronounced his opinion. lie had been
first greatly struck by the- arguments of the traversers' coon-el ;
but, considering the nature o the charge against the traversers,
he conceived that the Crown was not called upon to embody in
the bill of particulars the precise evidence to be given ; the ob-
jection urged by the Learned Counsel for the traversers was,
therefore, untenable, and the documents should be admitted.
Judges BURTON and CA.AIII.TODI concurred with the Learned
Chief Justice ; and