The Sun.
London, England, 1844-08-12 00:00:00

THE SUN, LONDON,
_MONDAY EVENING, AUGUST 12, 1644.

• hereditary and questionable motto of his house,lheads
this very select list ; and, in addition to that circum-
stance, the authors of the document demand attention Mr. Benbow has been returned for Dudley by a
to their opinions on the groomd of their being pro- large majority—more than two to one out of 563 who
Prietors of estates in Ireland. The claim is voted. the numbers were—for Mr. Benbow, 388 ;
one which we are not at all disposed to for Mr. Rawson, 175. The result was fully expected.
deny; for opinions on Irish questions have been of The Government press will, we trust, remember in
late years too generally taken from persons who are its exultation, that Mr. Benbow goes to Parliament,
proprietors of nothing Irish but assurance. IVe having disavowed under compulsion on the hustings
cannot, however, see why even such a qualification personal attachment to Sir R. Peel, and tracing ge-
should enable these few noblemen to give the sane- neral depression of trade in his new constituency to
tion of their names to statements calculated to Sir R. Peel's tariff. Mr. Benbow then is one more
strengthen the false outcry of the O'Connellite added to that band of " generous supporters" of the
clique, that there is a disposition on the part Government, between whom and the Government the
of her Ma, esty's Government to neglect the Prime Minister has confessed that there are wide dif-
affairs of Ireland. If the determination of ferences on fundamental principles—another recruit
Ministers to devise measures for the amelioration of for " Miles's boy."
Ireland were prompted by any anxiety for popu- There is another thing which the Government press
larity, the flood of unfounded abuse with- which will do well to bear in mind. The number of regis-
every measure is assailed by the adherents of Lord tered electors in Dudley is 911, out of which n-amber
Charlemont's party might well induce them to only 563 have voted in all, and only 388, less than
abandon the attempt. One of the complaints made half the whole number 67, have voted for Mr. Ben-
in this document is, that the Government seems to bow. Mr. Benbow then has been returned to Par-
apprehend a civil war by augmenting the liament by the votes of a minority of the electors of
number of the troops, and that in this seeming Dudley.
apprehension there is some great evil which their That 348 electors out of 911 should have abstained
Lordships are not pleased more fully to explain. It from voting altogether, admits of only one explana-
is perhaps clear to the Duke of Leinster and Lord tion—influence. If so many have stayed away from
Charlemont that the best course to pursue, when the poll to avert Lord Ward's displeasure, how many
a whole population has been excited by, fan- of those who have voted for Lord Ward's agent may
guage most violent and inflammatory, is to have given the direct lie to their convictions ?
leave that population to take their own course for Who will believe that a manufacturing constitu-
the redress of supposed grievances, without envy like Dudley would have sent a man to Parlia-
presenting to them the visible tokens of the ment to vote for denying foreign markets to its ma-
power of the law. Such, however, is not the most nufactures, and cheap bread to its artisans, if
obviously rational view of the matter. From what- dependent voters had been protected by the ballot
ever supposed apprehensions their Lordships may from intimidation ? The Dudley election, then, is
think the augmentation of the number of troops in another proof, added to the recent Salisbury, Hastings,
Ireland arises, it is plain that that augmentation is Exeter, and South Lancashire elections, of the re-
the most effectual mode of removing the ground for cessity of the ballot.
all species of apprehension, and is a course preferable, We took the occasion of the late vacancy for
we cannot but think, to the coercion Bills and daily Cirencester—where the Government have achieved
proclamations with which the Whigs have found 't another triumph in the return of Lord
necessary to treat their present allies. Villiers to represent Lord Bathurst and the
local banker's overdrawn accounts —to call
attention to another class of recent elections
for small boroughs, where the ballot by itself could
not be a sufficient remedy. In Abingdon, Buck-
ingham, Christchurch, Cirencester, Devizes, Horsham
Huntingdon, Launceston, and Woodstock—in all of
which the constituencies are under 500, in all but one
of which (Cirencester) under 400, and in one of
which (Abingdon) under 300—wholesale bribery and
intimidation might still neutralise the ballot. The
Government purse might still afford to furnish a sum
to be divided among the hulk of the electors of Abing-
don, if the Government candidate were returned.
The Duke of Buckingham might still sway the 380
electors of Buckingham with his own band of depen-
dents—have them called together and told, " Your
number is sufficient to ensure the return of my can-
didates—if they are not returned, you will all have
notices to quit.
Besides, whether improper influences exist or not,
can it be said that constituencies of two, three, four,
and five hundred are sufficiently large to give anything
like the attainable security for a proper choice of re-
presentatives ! If the 225 electors of Harwich were
all spotless as the milk-white hind, would it not yet
be monstrous that so small a number should choose
two Members of Parliament? If the 170 electors of
Caine and the 190 electors of Reigate—we wish to
be impartial—were entirely independent respectively
of Lord Lansdowne and Lord Somers, would it be
right for such miserably small constituencies each to
return a member to °Parliament, when so large a
number of men possessing the qualification of the
Caine and Reigate electors are without a voice in the
representation ?
We have derived our information as to the numbers
of the different constituencies from a return of regis-
tered electors, moved for by Mr. Hume. The same
return furnishes us with the following facts :
That there are forty-four boroughs in England
returning each one member to Parliament, and thirty-
two returning each two members to Parliament, with
less than five hundred electors • making in all ninety-
eight English members elected consituencies under
five hundred.
That in Wales there are three boroughs, each re-
turning one member to Parliament, with less than
500 electors. Indeed, they are all under 400 ; Beau-
maris, 315; Brecon, 330; Flint, 270.
That in Scotland there is one borough, Ayr, re-
turning one member, with 440 electors ; and one
county, Bute, with 420 electors ; while another
county, Caithness, just exceeds the number 500,
having 528 registered electors.
Another Parliamentary return of registered electors
for Ireland, moved by Mr. Butler, shows us sixteen
boroughs, each returning one member, with less than
500 electors.
The result of the whole is, that 119 Members in
the United Kingdom are elected by constituencies
under 500. Of these 72 are Conservatives, and 47
Liberal Members. In England the proportion of the
Conservative Members to the Liberal Me.nbers for
small boroughs is larger, the numbers being 64 to 34.
In Ireland, where the Liberal party could only gain
by the enlargement of constituencies, there are 10
Liberal and 6 Conservative Members, for boroughs
with less than 500 electors.
Add to the Conservative majority in corrupt and
nomination boroughs, their majority in landlord-rid-
den counties • and what would become of the Govern-
ment in the House of Commons, if voters were pro-
tected by the ballot, and constituences were uniformly,
large enough to render bribery and nomination im-
practicable ?
There should be no constituency with less than
1,000 electors. It does not follow from establishing
a minimum of electors, that we should also establish
throughout the representation a uniform proportion
of Members to electors. If the thousand electors are
fit men to choose, and can choose freely, and are not
tempted to be corrupt, they may make as good a
choice as a constituency of 20,000 ; at any rate
the twenty thousand will not make twenty times
as good a choice. There would be no reason,
then, that the West Riding of Yorkshire, with its
thirty thousand electors, should be intrusted with
the choice of more than two members, because
another constituency, that does not exceed a thou-
sand, returns either one member or two mem-
bers. Other considerations would determine whe-
ther it should have one Member or two ; but its
choice of two members could be depended upon,
equally with its choice of one.
We regret that Mr. Duncombe has not had the op-
portunity, during the past session, of bringing forward
his motion for a Committee of inquiry into nomina-
tion boroughs. It will, we trust, be one of the very
first motions of the next session. The time is come
when, keeping clear of wild and impracticable schemes
of organic change, the Liberal party must look the
glaring defects of the present state of the representa-
tion in the face; and without ballot, and with the pre-
sent number of nomination boroughs, neither can
corn-laws be repealed, nor justice to Ireland achieved,
nor any other object, in which the hopes of the great
bulk of the people are embarked, attained, unless by
some accident to which no statesman would trust, or
by the creation of a popular excitement which every
wise and honest statesman would do all in his power
avert.—Evening paper.

DUDLEY ELECTION.

22%

LAWS OF GAMING.

The following is an abstract of the third report
from the Lords' Select Committee on the Laws on
Gaming :
, " That the Committee have met, and considered the
subject matter to them referred, and examined several
witnesses in relation thereto ; and the CAnmittee have
inquired into the extensive frauds which have of late
been perpetrated on the turf, and which they find to
consist principally in the practice of dishonest adven-
turers, who wager large sums of money with the in •
tention of receiving if they win, and of refusing to
pay if they lose.
" After receiving much evidence with respect to
this practice, the Committee at first felt disposed to
recommend that stringent laws should be enacted by
the Legislature for the punishment of such offenders.
Upon a mature consideration, however, of the whole
subject, they do not think it expedient that the courts
of law should be occupied in the investigation of these
transactions, but that all persons who wager with
honest intentions should be compelled by motives of
self-protection to use greater vigilance and care than
they now appear to be in the habit of exercising, and
that they should refuse to lay wagers with men of
whose honour and solvency they have not sufficient
knowledge.
" The Committee are the more inclined to this
view of the subject from the circumstance of its
having been lately decided in the case of Wood v.
Leadbitter ' in the Court of Exchequer, that the
stewards of races are fully empowered to exclude
from the stand and its enclosures, and consequently
in many cases altogether from the course, all persons
guilty of malpractices on the turf, and thereby to give
a public warning of their characters.
" The Committee think it desirable that this
amusement should be upheld, because it is in accord-
ance with a long-established national taste ; because
it serves to bring together for a common object vast
bodies of people in different parts of the country, and
to promote intercourse between different classes of
society; and because without the stimulus which
racing affords, it would be difficult, if not impossible,
to maintain the purity of blood and standard of ex-
cellence which have rendered the breed of English
horses superior to that of any other country
.in the
world. The Committee cannot, however, in too
strong terms condemn the practice of excessive bet-
ting which now appears to exist, as affording direct
encouragement to dishonest men, who but for this ,
system of immoderate gambling would seldom have
opportunities for giving effect to their fraudulent
designs.'

"The Committee are of opinion that the interpre-
tation of the law is anomalous and contradictory, and
therefore that the statutes require revision.
"The majority of the witnesses examined by the
Committee were of opinion that betting should be
legalised ; but the Committee repeat that, after ma-
turely considering the whole subject, they are of
opinion that that measure would not have the effect
of remedying the evils now complained of.
" With reference to the present mode and the ex-
tent of betting, the Committee consider that if it
were made legal, a door might be opened to extensive
perjury and fraud. _ _

The Committee, therefore, beg leave to recom-
mend that the law should henceforth take no cogni-
zance whatever of wagers ; that all statutes making
it penal should be repealed ; and that debts so con-
tracted should be recovered by such means only as
the usages and customs of society can enforce for its
own protection. The Committee have reason to hope
that in thus imposing upon honest men a necessity of
greater caution and reserve, the system of excessive
betting will be restrained by those considerations of
prudence which past occurrences must have suggested
to persons desirous of speculating without danger to
themselves.

" The Committee have inquired into certain trans-
actions which have lately been brought before the
courts of law, arising from the fraudulent practices of
individuals substituting other horses for those named
in the stakes which are limited to horses of a certain
age, and thus obtaining the advantage arising from
running at even weights three-year-olds against two-
year-olds, and four-year-olds against three-year-olds.
The succes4, however, which has attended the prose-
cutions instituted for the recovery of the stakes thus
unjustly won, and the rules which the Committee are
led to believe will be hereafter strictly attended to, as
to the examination by competent persons of all horses
which may be objected to, render it necessary for them
to make any further comment upon this part of their
inquiry.
" The Committee have received evidence respecting
the gambling houses in the metropolis, and they trust
that the zeal and vigilance of the police will not be
confined to places resorted to by the middle and lower
classes, but that the law will be equally put in force
against all houses, whatever be their denomination,
or whatever the class of persons resorting to them,
where illegal gaming is known to be carried on.
"The Committee likewise beg leave to observe, that
the stewards of races, now that their power is recog-
nised and established by law, must henceforth be held
responsible to public opinion if gambling-booths or
tables are permitted on race-courses."

SUMMER ASSIZES.
MIDLAND CIRCUIT.—Wwwick, Aug. 9.
(Before Lord DENMAN and a Special Jury.)
GEACH AND OTHERS, ASSIGNEES, V. INGALL.
This was an action to recover the amount of a policy
effected upon the life of one John Scott, a bankrupt, de-
ceased, the amount being 2,000/.
Mr. Hill, Q.C., and Mr. Mellor, were for the plaintiffs ;
Mr. Humfrey and Mr. Waddington represented the de-
fendant.
The action was brought by a Mr. Samuel Beale (he
being in fact, the real plaintiff) in the names of the as-
signees of John Scott, who had the misfortune to become
a bankrupt in the year 1842, dying in the December of
1843, the defendant being the secretary of the Imperial
Life Insurance Company. The policy was for 2,0001.,
the premium paid was 531. per annum. The policy was
effected in the month of May, 1840, the bankruptcy was
in 1842 ; the present plaintiffs were appointed assignees
under the fiat, when, under their direction, the policy
was sold for the benefit of the creditors, and was bought
by Mr. Beale, for the sum of 135/. John Scott died m
the December of last year, and the payment being re-
sisted Beale brought the present action in the name of
the assignees, though he himself was the actual plaintiff.
There was no doubt about the policy having been effected,
but it was alleged that at the time it was granted he had
not answered truly, as for instance, he had had spitting&
of blood, consumptive symptoms, cough accompanied by
inflammation, &c., all of which ho studiously concealed
from the office.
The facts as proved on the part of the plaintiff were
these. That in the year 1840, Scott (who lived in
Birmingham, and was a traveller), had been advised to
insure his life, and applied to the Norwich Insurance
Office for that purpose, but though accepted, yet
doubting the stability of the office, thought there was
no reason for such doubts, he changed his mind as to
insuring at it, and applied to the Imperial Life In-
surance. It appeared that having given much trouble
to the agent of the Norwich Office he paid as much as
61. to him in consideration thereof. He was subjected to
a rigid examination by the medical gentlemen acting on
behalf of the office and was accepted. In the declara-
tion made by Scott he gave the name of Williams as the
person who was his usual medical assistant, and who
certified to his being in a good state of health, and that
he had never known him otherwise, excepting those
Casual illnesses parties are all subject to. In his evi-
dence Mr. Williams swore he was a medical prac-
titioner in Birmingham, and that he knew Scott in and
from 1832 downwards ; and that he was his medical at-
tendant in May, 1840, and considered him in good ge-
neral health ; that he gave a certificate to that effect,
mentioning, however, therein that he had a loose carti-
lage of the knees ; that he remembered his being con-
fined to his bed for three weeks in 1840, owing to the en-
largement of the inguinal glands, which Scott told him
was occasioned by his going into the water. He had a
cough, but not such an one as to cause uneasiness in the
breast of the witness. In his crossexamination, this
witness gave certain equivocal answers, the bad effects of
which, however, was explained away, or nearly so, in his
re-examination.
The principal witness, however, in the case for the
plaintiff was Dr. Ingoldsby, who stated himself to have
been for many years the medical referee of the Norwich
office, He examined Scott on the 19th of February,
1840, and considered him a good life. His age when he
died was thirty-three. It was his duty to take parti-
cular care as to pulmonary symptoms, or indeed any
affection of the chest. Spitting of blood for a number
of years was a strong consumptive symptom, and par-
ticularly so if accompanied by a cough. He had every
reason to believe that the chest of the deceased was
sound when he examined him. Is considered a very
strict examiner.
Several witnesses were called who spoke to their
always having considered him healthy, though one, Luke
Brierly, stated the deceased conceived he was ill, and
would run all ever the country for doctors ; one day he
would be all dead, and another all alive again. The
case on the part of the office was, that Scott had know-
ingly deceived the office, and it was stated, that it would
be proved that the family of the deceased was a con-
sumptive family ; that his father had died of that dis-
order at the early age of thirty-one, also two of his bro-
thers and one sister' there being only one other sister
remaining ; that the deceased had suffered from and was
prescribed for a disease of the lungs long before 1840,
and that Scott was continually sending for prescriptions
to be made up, and that, in short, the whole was done in
fraud of the office.

Ann Scott, the sister, deposed to her father being said
to have died of consumption. She herself did not re-
member him. She lived with her brother from Christ-
mas, 1839, to his bankruptcy, is 1842. He had a bad
cough when he took cold. Assisted in cleaning the bed-
rooms, and on one occasion observed blood in a vessel.
Her brother said it came from his head.
Many other members of the family were called, at
whose houses ho had stayed for a few days, two or three
times a year, who deposed to his being considered un-
healthy ; to his continual coughing and spitting ; and
one witness said that for six years before his death there
was consumption staring in his face. Of the family,
however, said to have died of consumption it was only
rumour and hearsay. The brother who died at the age
of 19i, it was said, had brought his death upon him by
misconduct of his own.

The principal medical evidence—though several others
were called—stated he attended Scott for inflammation
of the lungs in 1835. Bled him. Attended him the
same year for a venereal complaint and ulcerated sore
throat. In 1836 again attended him, when he was la-
bouring under a very severe cough and spitting of blood.
Also attended him in 1837 for a cough and cold, and
for the like cause in 1838 ; the mucus was streaked with
blood. Should say that in 1840 the deceased had bad
symptoms of consumption. Several other surgeons were
called, some of whom had attended Scott, and spoke of
him as a consumptive man ; yet Mr. Williams, in 1843,
a few months beforo Scott's death, had given a certifi-
cate recommending him as a good life to the Western
Insurance Office, and on his certificate he was accepted.
The lungs had been examined and found to be full of
ca►ities, and were much diseased, but the surgeon of
the Imperial Life Office, who had examined them when
in a comparatively fresh state, was not called.
Mr. HILL, in a very powerful speech in reply, com-
mented strongly on this fact, and went very minutely
through the whole of the case.
The Learned JUDGE having carefully summed up the
evidence, the jury retired at nine in the evening, and
alter an absence of half an hour, returned a verdict for
the plaintiff.

OXFORD CIRCUIT.—Hereford, Aug. 9.
The civil business was all disposed of yesterday at an
hour sufficiently early to enable Lord Chief Justice Tindal
to trya case of horse-stealingbefore the Court adjourned. i
As was mentioned in yesterday's report, there were four
causes in all to be tried, one of which was undefended,
and two were substantially in the same predicament. The
fourth was the following:—.
AbLEN V. TFIE KINGTON RAILWAY CO)I?ANY.
Mr. Serjeant Talfourd and Mr. M`Mahon appeared for
the plaintiff, and the defendants were represented by Mr.
Whateley and Mr. Keating.
This was an action brought by the plaintiff, a gentle-
man of property, residing at the " Moor," to recover the
sum of 371. 1 ls. 4d., for money paid to the use of the
Company, which was incorporated by Act of Parliament
in 1818. By the provisions of the Act it was required
'that the Company should repair and keep in order the
fences of the property through which the railroad was
carried, and the fences on both sides of the railroad being
very defective at that part of it which passed through
Mr. Allen's estate, the plaintiff in 1843 repaired the
fences, and obtained an order from two magistrates for
the payment of the amount which they had cost to re-
pair. No attention having been paid to the order, the
present action was brought.
Mr. WKATELEY, for the defendants, submitted that
the order was bad, the jurisdiction of the magistrates not
appearing on the face of it. He took also several other
objections to the order, but the Lord Chief Justice said
he would not stop the case, but would hear the answer
which the defendants had to make to the merits.
The case then set up on the part of the defendants was
that the " Moor" estate was originally the property of a
Mr. Harris, who died in 1824, and that in 1819 a parol
agreement was made between the company and Harris.
by which Harris undertook, upon receiving two sums of
10/. and 30/., to fence the estate himself, and keep it in
repair. Afterwards, however, he changed his wind,
fancying that a fence would spoil the view, and the com-
pany then put up a low wall with a gradual slope, so that
the view remained the same.

Lord Chief Justice TINDAL—I think your clients spent
their money very foolishly, Mr. Whateley ; but I have
heard your case, so that it may not come down again.
The plaintiff must be nonsuited, with leave to move to
enter a verdict for 371. l ls. 4d., the sum assessed by the
Justices.

CRO WN COURT.—(Before Mr. Sergeant ATCHERLEY.)
Richard Taylor, Thomas Taylor, and James Taylor.
all young men under the age of 21, were indicted for
breaking and entering the dwelling-house of Daniel
Bond, at Ashperton, on the 23d of July last, and stealing
therefrom a pair of trousers , two shirts, two coats, and
other articles, his property ; also, a piece of bacon, two
handkerchiefs, and other articles, the property of George
Bond.

The jury, after some deliberation, found all the pri-
soners Guilty, and they were sentenced to transportation
for 15 years.
This was the only case tried to-day in either Court
which was not of the most common-place character.
Only one indictment remains for to-morrow, a case of
sheep stealing, which will be tried before Mr. Sergeant
Atcherley. The Lord Chief Justice will proceed to
Monmouth and open the commission there.

WESTERN CIRCUIT.— Wells, Aug. 9.
CROWN COURT.
ARSON.--George Garland was indicted for setting fire
to the dwelling-house of John Shiers, at Somerton, on
the 14th of May, some persons being therein at the time.
Mr. Cox conducted the case for the prosecution, and
Mr. Edwards defended the prisoner.
From the evidence produced on the part of the prose-
cution it appeared that Shiers kept a public-house called
the Dragon, at Somerton, and that the prisoner some
time before the fire had lodged there. Something, how-
ever, arose which it was more than hinted at was
a jealous feeling on the part of Shiers, and the
prisoner was turned out of doors. In the early part
of May the prisoner was at the shop of the father of
Shiers, and in the course of conversation he said he would
be revenged on Shiers and his family. The father said
the only way in which he could be revenged would be by
setting his house on fire. The prisoner said he should
never be happy till he had blown John Shiers' brains
out. On the 14th of May the prisoner went into the
Dragon public-housel about nine in the evening. After
being there about an hour a quarrel arose between the
prisoner and prosecutor, which ended in the latter turn-
ing the prisoner out ofdoors ; he then went towards the
back court of the prosecutor's house, and in a short time
afterwards the cellar was discovered to be on fire ; it
was, however, soon put out, and, upon raking among the

ashes of this fire, a tin box belonging to {he pfisonei'
was found between the wall of the cellar and the thatched
roof, and the mark of the box as if the fire had been in
it was apparent upon the wall. The witnesses, how-
ever, were in many instances inconsistent in their story,
and contradicted each other in many particulars.
Mr. Justice PATTESON summed up, and the jury re-
turned a verdict of Not Guilty.
Nearly the whole of the day was occupied in trying
prisoners charged with unnatural crimes.

NISI PRIUS COURT.
ALPORD V. ASHFORD.
Mr. Sergeant Kinglake and Mr. Bute conducted the
plaintiff's case, and Mr. Crowder that of the defendant.
The plaintiff was an innkeeper, residing at Shepton
11Lat1let, and the defendant was an attorney, and secretary
to a cricket club called the Shepton Mallet Club, and the
action was brought to recover 321. Is., for the hire of a
field and carriages, and for refreshments supplied. The
defendant was manager of the club, and gave orders for
everything. Matches were played with other clubs, and
the plaintiff provided the marquees and provisions, by
the direction of the defendant. The club played a match
at Bristol, and the plaintiff provided the carriages for
conveying the members to that place, It turned out
that a Mr. Marshall was president of the club, and that
the plaintiff had first sent the bill to him.
The jury found a verdict for the defendant.
August 10.
John Wikoz was indicted for having discharged a
gun at Thomas Ashman, with intent to murder him, at
Chilcomptort.
Mr. Fitaherbert conducted the case for the prosecution,
and Mr. Prideaux defended the prisoner.
It appeared, that about half-past eight in the evening
of the 15th of March, the prosecutor was standing inside
his house,.at the window, facing the road, when he heard
the report of a gun, and i❑ an instant the glass of the
window came in upon him, and blood ran from his head
in streams. His head was wounded, and it was a month
before he was able to work. There had been disputes
between the prisoner and the prosecutor, and the latter
had employed an attorney to recover a debt which he
alleged the prisoner owed him. So far the case was
clear. Several witnesses were then called, who stated
that they saw the prisoner that night near the house of
the prosecutor with *gun in his hand; but they all ad-
mitted they had continually said that they had met
some one, and did not know who it was, so that
as soon as Mr. Prideaux had made his address on behalf
of the prisoner, the jury said they had for some time
made up their minds, and that they should acquit the
prisoner. A verdict of Not Guilty was therefore re-
corded.

POLICE INTELLIGENCE.
(SATURDAY.)
BOW-STREET.
The Hon. William Ross Touchet, was brought up
for re-examination, charged with having discharged
the contents of a loaded pistol at Mr. Thomas Smith,
the proprietor of a shooting gallery in Holborn, with
intent to kill and murder him.
Mr. Vandrey, a solicitor, attended on the part of
Mr. Smith, and Mr. Clarkson, together with Mr.
Robson, the solicitor to Lord Audley, attended on the
part of the prisoner.
The prisoner was brought to the Court in the early
part of the day, in a cabriolet, and not in the prison
van, as on his former examination. Previous to the
prisoner being placed at the bar, Mr. Clarkson (ad-
dressing the sitting Magistrate, Mr. Twyford) said
he had been given to understand that, since the last
examination of the prisoner, the surgeons by whom
he had been attended in the hospital, had, at length,
succeeded in extracting the ball from the back of the
unfortunate gentleman (Mr. Smith), and that he had
since been going on favourably ; he therefore wished
to know whether the professional gentlemen were of
opinion that he was now sufficiently convalescent to
attend the Court that day and give evidence, for if he
were not, the prisoner must again be remanded for a
period which would prevent the possibility of his trial
taking place at the ensuing sessions of the Central
Criminal Court.
A police-constable of the F division here produced
a certificate signed by the house-surgeon of St. Bar-
tholomew's Hospital, of which the following is a
copy :
" I hereby certify that the pistol ball has been ex-
tracted from the back of the patient, Thomas Smith,
and part of the lumbar vertebrae has come away with
it, But Mr. Smith, although now out of danger, cannot
be removed without considerable risk.
(Signed) " GEORGE ROYDE,
" House Surgeon, St. Bartholomew's Hospital.
"August 10, 1844."
The prisoner was then placed at the bar, and Mr.
TWTFORD, addressing him, said he was happy to find
from the certificate of the house surgeon of the hos-
pital that the unfortunate gentleman, Mr. Smith, was
in a fair way of recovery, and that being the case, and
as in the absence of Mr. Smith it would be impossible
to proceed further with the case, he should feel it his
duty to remand the prisoner for another fortnight, by
which time there was every reason to hope that Mr.
Smith would be sufficiently recovered to enable him
to attend the Court.
The prisoner, on hearing the above intimation from
the worthy Magistrate, bowel respectfully to the
Court, and was then removed from the bar.
After his departure, Mr. TWY FORD addressed the son
of Mr. Smith, who, it will be recollected, was present
at the unfortunate occurrence, and told him that his
father would be put to as little inconvenience as pos-
sible, should he be sufficiently recovered to attend the
next examination of the prisoner.
Mr. Smith, jun., thanked the Magistrate, and said
that from the improvement that was daily taking place
in the health of his father, he had every reason to be-
lieve he would be sufficiently convalescent to attend
the next examination of the prisoner.
A young man, who gave the name of Charles
Lamb Dowden, and who was stated to be an actor,
was brought up by Pocock, one of the constables of
the F division, charged with having uttered four
forged bills of exchange, two of which were for 51.
each, and the other two for 9/. each, with intent to
defraud different tradesmen, under the following cir-
cumstances
Mr. John Fox, a broker, residing in Castle-street,
Long-acre, stated that he had known the prisoner
about four years, as a performer at Sadler's Wells
Theatre; that the prisoner came to his shop on the
4th of last May, and said to witness, "I believe I owe
you a small account. I shall behappy to settle it
now.;" and for that purpose he and the prisoner went
to a public-house, where the prisoner gave him the
bill produced for 51., which purported to be accepted
by a person named Hagger, residing at Paradise-row,
Chelsea, at the same time requesting witness would
give him the difference (2/.) between the amount for
which the cheque was drawn and the sum which he
owed him. Witness promised to do so in the course
of the day, but previously put some questions to the
prisoner respecting the acceptor, to which he replied,
that Mr. Hagger was his uncle, and that the signa-
ture to the bill was in his handwriting. Witness in
the mean time proceeded to Chelsea and made some
inquiries with respect to the genuineness of the signa-
ture to the bill, and the result was that he discovered
it to be a forgery.
Mr. TWYFORD—Then you have not been defrauded
by the prisoner ? Witness replied the only loss he
had sustained was the loss of time in making in-
quiries of the prisoner's uncle, who said he had not
seen the prisoner for the last two years, and had never
authorised him to put his name to a bill.
Henry Spratt, a bootmaker,:stated that Mr. Hagger
was upwards of ninety years of age, and had lodged
at his house during the last five years. During the
first three years the prisoner had been in the habit of
visiting Mr. Hagger. Witness was positive the sig-
nature to the bill produced was not in the hand-
writing of Mr. Hagger.
The prisoner, with reference to this case, said he
would reserve his defence until he had an opportunity
of consulting with his professional adviser.
He was next charged with having attempted a si-
milar fraud upon Mr. John Smith, a publican, in
Vere-street, Clare-market, and in which he was
more successful; for according to the evidence of the
prosecutor, the prisoner, who owed him a bill of 2/.,
came and tendered in payment a bill for 51., and re-
ceived the difference, after which prosecutor discovered
that the bill was a forgery.
Mr. Wells, the landlord of the Sir Hugh Middle-
ton, adjoining Sadler's Wells Theatre, stated, that in
the month of March last the prisoner gave him a bill
for 91., in payment of a score which he had run up at
witness's house. He had since ascertained that the
bill was a forgery.
The next victim was Mr. Williams, the landlord
of the Clown, public-house, in St. John-street-road,
opposite the Sadler's Wells Theatre, who took the
other 91. bill of the prisoner, in payment of a score of
11.95., and handed the prisoner the difference. The
prisoner was remanded for further examination.
MARLBOROUGH-STREET.
A French lady, named Louise Pessault, living at 73,
George-street, Portman-square, who appeared to have
recently sustained severe injury, complained to the
Magistrate that as she was walking along Castle-street
about one o'clock, a man, who was an entire stranger
to her, and who was running with his head held down,
suddenly butted her in the face, and knocked her
down with such violence that she was stunned for the
moment. The man ran off as fast as he could, but
was taken by a person who saw her knocked down.
The mother of the man who committed the assault
said her son was a little eccentric in his conduct, and
he had, no doubt, committed the assault under the in-
fluence of a fit of eccentricity.
Mr. HARDWICK said he could not allow a man to
escape without punishment who knocked down people
in the street and nearly fractured their skulls, merely
because he was supposed to labour under eccentricity.
The man must be brought before hlm, and he would
then entertain the charge.
The defendant was speedily produced in Court, and
the charge of assault having been clearly proved, he
was fined 405., or one month's imprisonment.
HAMMERSMITH.
Mr. Armstrong, a gentleman, residing at No. 102,
Mount-street, Grosvenor-square, appeared before Mr.
G. Clive, the sitting magistrate, on summons under
the Metropolitan Carriage Act, (6 and 7 Vict., c. 86,
sect. 7), at the instance of John Perrin, conductor