The Sun.
London, England, 1844-11-06 00:00:00

in which the verdict was for the plaintiff. The case was
tried in London before Mr. Justice Cresswell.

surgeon, stated that he attended the complainant on
Monday (his assistant having attended the com-
plainant on Saturday) , and found him suffering from
internal injuries about the chest and body, and from
both external and internal injuries of the head and face.
The injuries were of a severe character. The com-
plainant complained of spitting of blood and difficulty
of breathing. He was improving, but not yet free
from danger.
Alderman WILSON refused to take bail for any one
of the prisoners, and stated that it was his determina-
tion to send them all for trial for the felony at the
Central Criminal Court.
The prisoners were committed for trial.
An immense crowd, in the midst of which it was
evident there were several smugglers, attended to hear
the examination of William Slack, a stoker on board
the Ocean steam-vessel, from Rotterdam, who was
charged upon an information with having been found
on board that vessel in the port of London, the same
vessel having concealed in her one hundered and forty
pounds weight of tobacco, upon which the duty had
not been paid.
The Lord Mayor and Alderman Wilson sat to ad-
judicate, and very great interest was excited. The
prisoner had been brought up on Monday, when he
was by mistake mentioned as the steward of the
vessel.
The Solicitor for the Customs attended to prose-
cute. A solicitor also attended for the prisoner.
Coleby Atkinson Davis, officer of the Customs,
stated that in consequence of information which he
had received that a quantity of tobacco had been
brought to the river by the Ocean from Rotterdam,
he proceeded on board that vessel at Blackwell. He
and a brother officer had waited her arrival, and she
came into the river, not in consequence of stress of
weather, but in the regular course of business, bring-
ing her Majesty's mails. Witness proceeded directly
to the prisoner Slack's berth, and asked him to pro-
duce all the tobacco he had in his berth, or concealed
near his berth. The prisoner produced three pounds
of tobacco and a small quantity of spirits from the
back of his berth, and said that was all he had.
Witness told him that if that was all he could produce
he should suffer no hurt, for that-was but a small
quantity, but he (witness) was sure a large quantity
was concealed in that vicinity. Witness told the
prisoner to stop and wait the issue, for no harm could
come to him for what he had produced, and proceeded
to take up the flooring boards adjoining the engine.
The prisoner started up the other ladder as quickly
as he could, left the vessel, and went on to the pier,
but witness halloed " Stop," after him, pursued, over-
took, and brought him hack, and told him he must
wait the issue of the search. The vessel then, having
landed her mails and passengers, went on to London,
and witness proceeded with the search. After about
three hours' search he found, on the starboard side,
above the prisoner's berth, that a piece of board had
been, with great art, made the means of concealment.
Behind the two planks which passed up to the beam of
the engine-room a piece of timber was fitted in, and
puttied and painted over like the rest. That piece,
which appeared to the eye to be part of the solid mass,
was capable of being removed by the application of
a screw. Upon the removal of that little door, the
timbers of the vessel were to be seen, and between
the timbers was a hollow space, leading down to the
bilge ; a string was attached, from which a great
number of packages were suspended, encased with
lead, in sueh perfect security that they might lie in
the bilge water without sustaining the slightest
damage. The contents were tobacco, and from the
manner in which it was deposited it equally defied
injury from steam or salt water. Some of the pack-
ages were lying between the timbers to a depth of
ten, others to the depth of eleven feet, in the space,
and some were four pound, and others six pound
packages. There was no possibility of discovery that
tobacco was in the vicinity of the place of conceal-
ment, for the encasement was not only impenetrable,
but the cord attached to each package, and communi-
cating with the beam, was strongly impregnated with
pitch or tar.
The LORD MAYOR observed that the time occupied
in preparing and depositing the contraband articles
must have been considerable.
The witness said there could be no doubt of that, as
after he had found out the place of concealment, he
was occupied two hours and a half in removing the
packages. They had been wedged in by a forcing in-
strument. He found the screw which opened the
secret door upon closely searching one of the berths.
Upon his cross-examination by the prisoner's soli-
citor, the witness said the prisoner introduced him to
his berth, but not without hesitation. The prisoner
trembled very much when he saw what was going
forward. The witness was understood here to inti-
mate that he found the screw in the berth of the second
engineer, who had run away upon finding that the
vessel was about to be searched.
The prisoner's solicitor—Now, did you not know
the exact spot in which the packages lay, before you
went into the vessel at all? Witness—Not the exact
spot. We had information of the neighbourhood in
which the tobacco was deposited, but not of the exact
spot.
The prisoner's solicitor—And you pretend that the
discovery arose from your ingenuity ? Witness
The discovery of the exact spot arose from our in-
genuity, certainly. We knew that the tobacco was
about the engine-room. I don't -think you would
have found it, Sir, if with the same information you
had been there.—(A laugh.)
The prisoner's solicitor—Did you not handcuff the
man ? Witness—Certainly. We would not have
done so if we did not know him to be guilty, and we
did so because we knew he would have escaped if he
had an opportunity. We were convinced that he and
another were guilty. The other got away.
The prisoner's solicitor—Pray, are you not an in-
terested party in this case ? Witness—Of course I am.
The prisoner's solicitor—To what extent? Wit-
ness—The informer gets a third, and I get a sixth.
The prisoner's solicitor—Did you ever see this
man engaged in a matter of this kind before ? Wit-
ness—Never. I never saw him before at all.
The prisoner's solicitor—And you cannot say any-
thing against him as to any former charge ? Wit-
ness—Nothing at all.
The prisoner's solicitor submitted that it would be
unjust to commit his client under such circumstances.
Ile had been two years on board, and had a wife and
family, and could not have entertained an idea of ex-
posing them to the destitution consequent upon his
detection in an affair of this kind. It appeared that
one of the engineers was the party really engaged,
and the prisoner was, at all events, entitled to the be-
nefit of the doubt.
The LORD MAYOR said there appeared to be no
mitigatory circumstances in the case at all. It was
quite evident the prisoner must have had guilty
knowledge that the tobacco was on board, if he was
not a participator in the fraud. It was evident, too,
from his behaviour when the officer went on board,
as well as from the fact that a great deal of time must
have been occupied in depositing the tobacco, that
he was perfectly aware of everything connected with
the offence.
The prisoner was then adjudged to be guilty, and to
pay the penalty of 100/.
BOW- STREET.
POLICE INTELLIGENCE. Monday Mr. George Robins appeared before Mr.
Jardine, to prefer a complaint against George Millet,
(YESTERDAY.) the driver of a cabriolet, for using abusive and insult-
MANSION-HOUSE.
towards him.
Three men, named Sadd, Clow, and Vaughan, tug language
Tito complainant said for the last seventeen years
brought before Alderman 'Wilson for final examir.: - he had not appeared before a magistrate to prefer a
tion, charged with having committed a murderous es- t Id
n t aqins any pereon, nor wou e have
sank upon an active constable, Locke, who attends et emPes
in the present instance but for the pro-
Nicholson'e-wharf, in Lower Thames-street. The come forward.
complainant was assisted into the justice-roonn by a vocation he had red,?ived, the cause of which arose
policeman. Ills head was bound up, and he seemed
from the windows of the defendant's cabriolet being
to suffer extremely from internal injuries. At one broken, and he was surprised to find that no provision
e
time his life was considered to be in imminent danger, we made by the Legislature in such a case. He
and he is still in a very serious condition. was in the habit of daily riding in cabs for many
The complainant stated that on Saturday, the 26th years, and on leaving his residence on Friday last to
of October, as he was taking a man from N icholson's- proceed to his office under the Piazza, in Covent-
wharf to the station-house, whom he had taken into garden, he hired the defendant with his cab to drive
custody for drunkenness and causing obstruction to im, but when he raised the windows, the morning
business, his prisoner began to be very violent upon being very cold, he discovered they were broken, and
reaching Thames-street. A mob collected around calling to the defendant, he ordered him to drive him
him, and a constable walked up to his assistance. to the stand in Oxford-street, to procure a more corn-
When he reached St. Mary•at-Hill, the mob became fortable vehicle, upon which he said, "So you are not
violent, and forced him away from his prisoner
going to pay me, aint you, what a pretty gentleman
And the constable, and he was knocked down you are; I'll serve you out," and continued in that
and kicked. While he was getting up he was kicked strain until a crowd collected about him.
on the thigh by the prisoner Sadd. " I told Sadd," Mr. JARDINE said that a cabman using insulting
continued the complainant, " that I should know him, 1
iaahreatgoehoerseu‘i'nelogneesdhlre to any fare rendered him
.
and have him when I got out of the mob." He I
Mr. Robins said he regretted taking such steps
threatened to do for me, and excited the mob by call- Mr.
the defendant, as he understood he had a 1'
ing upon them to kill me. was afterwards knocked
and children depending on him for support. wi
e
down, but I don't know by whom, and when I got
Defendant, in a rage, " Don't say nothing of my
up again I was struck, by the prisoner Clow, in my,:
family, for you are the person guilty, and not I."
face and eye. I was then knocked down almoss
JARDINE said if the defendant had any com-
senseless, and kicked all over when down. The psi-
plaint to make he might have applied for a summons,
soner Vaughan aleo excited the mob against me by
i
calling upon them to kill me. After I had been takennstead of using coarse and insulting language to a
to a surgeon, who applied leeches to my face, I went, gentleman in the public streets.
with the assistance of the police, to Thames-street, to The defendant said he had driven Mr. Robins for
Look for Sadd, and I found and took him into castody years, and he serer had to complain of him before.
at the bottom of St. Mary-at- Hill. He said to me, I The complainant declared that he never saw him
" Don't take me, and I'll tell you who hit you." i before Friday when he hired u
td f deenan wie entreated
afterwards went. 'assisted by two officers to Dock- I The of the magistrate
head, and took Clow into custody, and he acknow- i not to impose a fine, as it would be the means of de-
_ _
ledged that he had struck me. I have been very riving her and her family of the means of sub-
since
from the injuries I received, and have been tiistr-'n'
confined to my bed. I began to spit blood on the Mr. Robins said he would willingly not press the
same day, and have continued to spit bloodcharge in compliment of the poor woman, to whom
up to yes-
teadey, in consequence of the
kicking I received, and he would he happy if any assistenee could be afforded
I lost my sight for several days I cannot sleep at btit it would be a pity to let such a fellow escape un- .
Sadd said lie had never kicked the complainant
mplaina-nt. punistipd,
at till. 'I The defendant, deehing his hat upon the floor,
Mr. Bazon, for Clow, eaid he should reserve the de- I said he would rather suffer death thaa plead guilty
fence of his client for the trial. for the purpose of obtaining pardon,
Mr. Hunt, for Vaughan, aressacimmined the com- I Mr. JARDINE then ordered the defendant to pay a
:P lainant but elicited nothing at all ceateesßctory to , fine of 205., or be sent to prison for fourteen days.
the statement made by the injured party. i MARLBOROUGH-STREET.
It was proved by another witness that Vat:Ethan V44Z.#:?,4-PLED BRUTALITY.—Edward Clarke, a
elle-
es
kicked the complainant, as well as called upon the ' one-legged" iourg.Ryir,an tailor, lodging at No. 13,
mole Petee.atreet, was charged- eas
kill him. , beating an
Mr. Cornelius Smith, of 56, Gracechurch-street, infant two year: 4 age.

Mr. Sergeant BYLES this day moved for a rule for a
new trial, on the gronnd that the Learne} Judge ad
excluded material evidence.

After hearing the Learned Sergemt at eumiderab:e
length, the Court refused the rule.

HODDING V. STUTCHFIELD.

This was an action of debt, in which the defendtnt
had obtained a rule to stay proceedings upon affidavit
that the amount of the debt and costs (281. 7s. 6d.) had
been paid to the plaintiff's attorney.
Mr. Sergeant MURPHY now moved for a rule to re-
scind that order, on the ground that the money was ! of
paid in four days after the declaration was tiled, but on
the sixth day, the plaintiff having incurred additi,nal
costs to the amount of 2/. in the meantime.

The LORD CHIEF JUSTICE said that as the money had
been received, the application came too late, and must be
refused.

COURT OF B ANA It 11 PTC Y, Non. 5.
(Before Mr. Commissioner FANE.)
IN THE MATTER OF MARY ADCOCK.
The insolvent applied through her Counsel, Mr.
Sturgeon, for her final order. She was opposed by Mr.
Lucas, on the part of the late Sheriffs of Middlesex,
Messrs. Musgrove and Moon. for fraudulently contract-
ing a debt of upwards of 501.
Evidence was entered into to show that in the men th
of November last an execution was put into a house ec-
cupied by some relatives of the insolvent, when she
claimed the goods distrained, and they were given up
to her by the Sheriff. She afterwards entered an action
for unlawfully breaking into and entering her premises,
but a verdict was returned for the defendant, the jury
finding that the property seized belonged not to the in-
solvent but to her relative.
Mr. LUCAS contended that under these circumstances,
the commencing an action without any reasonable pros-
pect of being able to pay the costs, was a fraudulent
ceotracting of a debt.
In reply to his HONOUR, the insolvent said that she
had at that time no means of paying the expenses in-
curred, and
The Learned COMMISSIONER gave it as his opinion
that bringing an action against the Sheriffs ander such
circumstances was unjustifiable and fraudulent, and the
final order was in consequence adjourned sine die.
IN RE NEWLADID.
In this case, the Rev. William Newland, of West-
square, Lambeth, whose name has for a considerable
p riod been before the various Law Courts of Wcst-
ruinst,r, in connexion with an alleged trespass upea
some property belonging to a Mr. Holmes, applied fer
1.15 interim order.
Mr. COOKE, who opposed, said that his client (\lr.
Holmes) was a creditor in the sum of 4721., the dernagee
and costs in an action of trespass. The action had been
tried before the superior Courts, and Mr. Holmes was
already out of pocket somewhat more than 2,000/. Mr.
Newland had already applied to the Insolvint
Court, but had been refused relief there, on
the ground that he had not given an account of pi o-
perty to the value of 12,000/. possessed by his wife in
the funds, as also several houses in West-square. lie
(Mr. Cooke) contended that having been already refused
in the Insolvent Court, he could not now apply to the
Court of Bankruptcy.
.Mr. Newland, at considerable length, appealed to
his Honour's sense of justice. He thoeght he had bten
most cruelly treated in the law proceedings adverted to,
and he cited several cases to prove that that Court had
a legal jurisdiction in the present matter.
Mr. Commissioner FANE said the wh 1e proceedings
were much to be regretted. It would have been more
prucl..nt every way—more like Christians and country-
men, if, instead of spending such large sums in law
processes, they had come to some amicable arrange-
ment. He could not give an immediate judgment on the
point as to whether the insolvent's petition could be re-
ceived, for he was somewhat opposed to his learee I
brother Commissioners upon the point, whether the
Court of Bankruptcy was a Court of Appeal from the
Insolvent Court; but he would consult them, and let
the parties in this matter know his decision upon Mon-
day next.