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

document was not produced. had such conduct ever
been heard of before ?—(Hear) Would it be tolerated
in any of our Courts of justice ?—(Hear.) Would the
law officers of the Crown defend it ?—(Hear, hear.)
He asked fur justice for the Am4rs.—(llear, hear.) He
asked for that which was theirs by the rights of human
nature.—(Great cheering.) One letter, it appeared,
had been produced. The Ameers asked to see it, and
the reply was on the part of Major Outram, that that
letter had been placed in the hands of Ali Murad,
aforged every one of the
letter had been put into
wlehttoerws. s sHu
es pa
re
,c the
eda r ofo hTa
hv iant g
the hands of Ali Murad. If it eould have been produced
it ought to have been produced. That paper was
never shown to the Ameers. Whatever might
be the result of the present motion he trusted
that the treatment which they hid experienced with re-
gard to that document would riot be suffered to pass
without the marked reprobation of the House.—(Cheers.)
However, the Commissioner proceeded. "The ques-
tion is," he said, " whether you will or will not accept
the new treaty ; if not, the army under Sir Charles
Naper will continue to advance." The Ameers
replied—" If the army advances, our Beloochees
will not be restrained, and we shall be blamed
for the consequences." The Committee said it was
in their own power to prevent: them. The Ameers
said, " We deny the charges on which the treaty is
imposed, but still we will subscribe it." Major Outram
proceeded--" The Ameers beg me to write to the General
to delay his march, and to say that if the British troops
did advance it would be impossible to restrain the Beloo-
ches." On the 10th Februarys Major Outram wrote to Sir
Charles Napier, stating that he had sent off Fitzgerald
with a dispatch on the previous night, announcing that
'the Ameers had subscribed the treaty. On the 12th, he
said " these fools are in the utmost alarm, in conse-
quence of the continued progress of your troops." He
said "he feared that they would be impelled by their
alarm to assemble their rubble with a view to
defend themselves. On. the 13th, he wrote
that the Ameers of Upper and Lower Sinde
had accepted the new treaty. But now it was to
be observed, that so desirous were these Ameers to
maintain peace with the British empire, that in
their steps to accomplish this object, they ex-
posed themselves to the obloquy of their own people.
Major Outram wrote that the-Arneers were execrated
for their dishonourable submission to what was termed
robbery, and that they hazarded their own lives to guard
his person. Major Outram wrote that the Ameers
had sent to him to say that the Beloochees
were quite uncontrollable, and that they had
begged him to leave the residence as soon as possible,
stating that they gave the advice from pure affection.
Then occurred the attack. He must take the liberty of
remarking upon the slovenly and incorrect manner in
which these charges had been made, which involved'
such enormous consequences. Sir Charles Napier
in writing to the Governor-General an account of the
battle, said, that on the night of the 14th the treaty
was signed, and, on the morning of the 15th, the residence
was attacked, and the Governor-General, in his pro-
clamation, repeated a statement implying the utter
treachery of the Ameers. Whereas, by referring toithe
documents they would ascertain that the treaty was
signed on the night of the 12th, and that between the
12th and the 14th the Ameers endeavoured to dismiss
their people, and warned Major Outram of the
danger in whicji he was placed.—(Hear, hear.)
He complained very much of this sloven-
lines, and of the refusal to show them the letters
But he had another complaint to make ; he complained
of those running comments, those footlines, appended
to the letters of Major Outram, which he thought were
highly objectionable, unless it should turn out that Major
Outram had seen them.
(LEFT SPEAKING.)

TATTERSALL'S.-THIS EVENING
QUARTER TO SIX O'CLOCK
CHESTER CUP.
14 to 1 agst Cattonite
15 to 1 agst Merry Andrew
17 to 1 agst The Prior—taken
20 to 1 agst Tacita
22 to 1 agst Pharaoh—taken
25 to 1 agst Pagan
25 to 1 agst Martyr

DERBY.
13 to 2 agst the Ugly Buck—taken freely
8 to 1 apt Rattan
15 to 1 agst Leander
27 to 1 agst Cockamaroo—taken
35 to 1 agst Voltri—taken
35 to 1 agst Apprentice
40 to 1 agst Vat colt—taken
50 to 1 agst Mount Charles
All the others as on Matiay.

KISSING EXTRAORDINARY.

Mr. Horson, of Dorchester, brings an action against
Miss Lydia Withington, to recover 600 dollars, the
amount of a promissory-note signed by her and payable
to his order ; and, singular as it may seem, the validity
of the note depended in part on the fact, whether
Major Samuel Withington had kissed Mrs. Horson or
not. The defendant asked exemption from payment of the
note on three grounds, to wit—l. That there was no con-
sideration given for the note. 2. That, if there was a
consideration it was illegal. 3. That it was obtained by
fraudulent and false representations. It appeared in
evidence that there was a consideration, which was
nothing more nor less than a kiss bestowed upon plain-
tiff's wife by defendant's brother. Major Withington
described this kiss as being one of pure friend-
ship, docile in its nature, and perfectly harm-
less. It seems that the Major, who is about 65, was
in a state of peculiar anxiety in regard to the
health of a friend, and as the most feasible way of re-
lieving this anxiety he called en Mrs. Horson, an entire
stranger, of about 25, whom he found so interesting and
sociable as to induce him to go in and take a seat, and
pass the compliments of the season. On a further
acquaintance with her his first impressions were so
much strengthened, that on parting he ven-
tured to kiss her bewitching lips, which he said
she received apparent. satisfaction. Coun-
sellor who appeared for the defence,
Clark
of n
and who is a married man, contended that such a kiss
witho Roxbury,
might be given and received in a natural way, and
without damage to either party—that it neither
hurt the person nor reputation of Mrs. Horson,
nor rendered the Major liable to be sent to the
state prison. But Mrs. Horson described the kiss as
being rough and uncivil, uncalled for by the circum-
stances of the case, unwarranted by the usages of society
and a wanton and aggravated insult and indignity ; and
Counsellor Wilkinson, who is a bachelor, pronounced it
an abominable outrage. Mr. Horson, on finding how
matters stood, went to Withington for satisfaction, which
he obtained in the shape of a 600 dollar note, signed by
the Major's sister, and payable in six months, which
sbe refused to
the as stated above. The jury returned
a verdict for defendant.—Dedham (Massachusetts)
American.

LAW INTELLIGENCE. '
COURT OF QUEEN'S BENCH, Feb. 6.
(Sittings at Nisi Prity, at Westminster, before Mr. Jus-
tir,.e 'WILLIAMS and a Special-Jury.)
EXTRAORDINARY CASE.
THE QUEEN V. KING AND OTHERS.
Mr. Humfrey, Mr. M. Chambers, and Mr. E. Janes
conducted the case for the prosecution ; and Mr. Kelly
and Mr. V. Lee appeared for the defendant King, and
Mr. Godson and Mr. Pashley for the defendants Mrs. and
Miss Birch ; the other defendant, Mr. Phillips did not

appear.
- From the statement of the Learned Counsel it ap-
peared that this was an indictment against four persons,
William Henry King, N:mily Ann Birch, Augusta Ann
Birch, and Dorcas Phillips, for having combined and
conspired together to defraud certain tradesmen of large
quantities of goods which had been sent into the house
of Emily Ann Birch. This charge was brought
against the ',defendants for having endeavoured to
procure from different tradesmen goods to a very
enormous amount, but which were not to he paid
for. Mrs. Emily Birch was the widow of a person
who had been a coach-maker in Great Queen-street. He
died in 1836, and after his death his widow kept a lodg-
ing-house in Bedford-place. From 1836, down to 1841,
she had been supporting herself by this lodging-house.
In 1841 she found she was unable longer to maintain
herself by those means. The defendant William
Henry King was an attorney, who, in 1830, had resided
in Bedford-place, but had been sold up, and, in 1831, he
went to live ,at Clapham, where he remained till 1838,
keeping a small establishment, but during the whole of
that time he was in the most abject difficulties ; execu-
tion upon execution was put into his house, and he had
been in the habit of pawning his goods and clothes, for
the purpose of buying bread for his family. In 1838
he left Clapham, and came with his family to reside at
his chambers in Verulam-buildings, being then in a
very distressed state. King had been acquainted with
Mr. and Mrs. Birch during the lifetime of the former,
and, in 1838, Mrs. Birch had lent King about 200/. A
person had for some time lodged with Mrs. Birch, but
he died in 1836, and then the intimacy between Mrs.
Birch and King was renewed, and from letters which
had passed between them, it was evident that that inti-
macy was of a very affectionate nature. In 1839 both
these parties appeared to have been in the most abject
state of poverty-. The defendant Augusta Ann Birch
was the sister of the late Mr. Birch, and resided with
his widow. In July or August, 1840, a scheme was
formed between these parties which, but for Very for-
tunate circumstances, would have succeeded to an enor-
mous extent. Mrs: Birch and King were endeavouring
to see by what means they could raise money. Mrs.
Birch had carried on her business in a respectable man-
ner, and the intention was to get together as large a
quantity of every description of goods as they could, to
order them in the name of Mrs. Birch, to be sent to her
house, and to name a distant day for payment, which day
was in the early part of April ; but a few days before this
day of payment arrived King was to put an execution
into her house for an alleged debt due to him, and take
away all the goods. This plan was matured ; Mrs. Birch
went to different tradesmen in the months of November
and December, 1840, and January and February, 1841,
and ordered goods of the most expensive description,
consisting of plate, jewellery, wine, upholstery, two
pianofortes (at 150 guineas each), amounting altogether
to 3,6001. King was present during the time the
greater portion of the goods was delivered, but at that
time King went by the name of Wolfe, at Mrs. Birch's
house. He was there day after day and night after
night. At the latter end of February two executions
were put into Mrs. Birch's house, one at the suit of King,
for 2,1851., and the other at the suit of the other de-,
fendant, Dorcas Phillips, for upwards of 500/. They
found these executions were lof sufficient to cover so
large a quantity of goods, and therefore very many ar-
ticles of plate and jesVellery were handed over to King
on apretended loan, and the premises were then deserted
by Mrs. Birch, and King and the sheriff's officers were
left in possession. A fiat of bankruptcy was then sued
put, and a messenger from the Court of Bankruptcy was
sent to the premises. • The property was sold for
2,499/., but the amount had been retained. It would
appear that a few days before all this the parties
were employed iu burning and destroying all letters and
papers belonging to Mrs. Birch, and very many were
torn and given to the servant to be burnt in the oven.
It turned out, however, that they were not absolutely
distroyed, but different parts had since been put toge-
ther and proved to be letters which had been written by
King to Mrs. Birch. Inquiries were then made, and it
Was discovered that, on the 19th of February, King and
Mrs. Birch had gone to Reading, where she took lodg-
ings, desiring them to be ready on the Ist of March,
and large quantities of goods were packed up and sent
down to Reading. After the fiat King was summoned
before the Commissioners, to be examined touching his
debt, and he stated that it arose from various sums he
had lent Mrs. Birch; that he had commenced those loans
as early as 1836; and he gave dates and terms, and
among others he fixed upon the 25th of April, 1838,
when he said he had lent her 1851. Now, the pieces of
letters in King's writing, which had been found in the
oven, showed that, at that time King was writing to
Mrs. Birch expressing his regret that he could not repay
her the sum her husband had lent him, and adding, that
there was then an execution in his chambers for 35/. ;
but it would be shown, that from 1836 to 1841, King
had been constantly sued by various persons, that there
had been many executions out against him, and that he
was, in truth, in very great difficulties, and-it was, there-
fore, impossible that aman so situated could have been ad-
vancing money to Mrs. Birch. The parties interested
had, therefore, thought it right to adopt the present pro-
ceedings, in order that the offenders should not go un-
punished.
The examination of the defendant King as given be-
fore the Commissioners of Bankruptcy, under the fiat
against Mrs. Birch, was put in, and in that he stated,
that in August, 1836, he lent Mrs. Birch 500/. ; that he
afterwards lent her different sums of money, and that
in September, 1839, they balanced accounts, and there
was then due to him 1,572/., for which, on the 14th of
September, 1839, she gave him her promissory note.
On the 29th of September, 1841, she had a further sum
of 501. On the 12th of October, 1841, she had a sum
of 1001., and on the 21st of October, 1841, he lent her
230/., and he snore that his claim altogether amounted to
upwards of 24001
An immense pile of writs and executions again
King between 1886 and 1841 was put in and read. One
of them was upon a bill for 350/., accepted by Mr. Peter
Borthwick, for whom King had been solicitor at his
election, and the attorney stated that he had sued Mr.
Borthwick, but not being able to get anything from him,
he had sued King as the drawer of the bill. In cross-
examination the attorney stated that King had lent
money on the reversionary interest of a person.
The servants of King were called, who stated that he
could not pay them their -wages.
Servants who had lived with Mrs. Birch before the
summer of 1841 stated, that the house was very mode-
rately furnished. Mrs. Birch, in August, 1841, said she
could not remain there much longer, but she did not wish
it known in the neighbourhood. Miss Birch acted as
housekeeper or upper servant. She assisted in making
the beds. One of these servants went there in October,
1841, and remained till March, 1842. If wine was
wanted by any of the lodgers a bottle was fetched from
an hotel in the neighbourhood. King was there, but he
said his name was Mr. Wolfe. In the beginning of
February, 1842, Mrs. Birch told the servants they were
not to call him Mr. Wolfe any longer, but Mr.
King, her attorney. King frequently took his meals
there. Some time before Mrs. Birch left the house Mr.
King, Mrs. Birch, Miss Birch, and Mrs. Phillips were
frequently engaged destroying papers. They burnt
some, and others they gave to the servants to light the
fires with ; some of these were put into the oven. At
the latter end of October a great quantity of furniture,
plate, wine, and other things, was brought to Mrs. Birch's
house, and this continued till the middle of February.
On the evening before King's and Phillips's executions
were put in those parties came and dined and drank tea
with Mrs. Birch ; they drank wine together, and seemed
on very good terms. Mrs. Birch told the servants, if any
one asked them anything, they were not to know. Early
in February Mrs. and Miss Birch packed up a good
many things in boxes, and sent them away in a van.
Mrs. Stevens proved that Mrs. Birch came to her
house at Reading in February, 1842, and took lodgings
in her house, which she said she would require on the
3d of March. A gentleman accompanied her. She said
she should send some boxes before she came; and after
this eleven boxes came. Mrs. Birch came to the apart-
ments on the 3d of March.
It was proved that Mrs. Birch had ordered goods and
received them of the following tradesmen :-Messrs.
W ilkinson, upholsterers, Ludgate-hill, for very expensive
articles, articles, 164/. 7s. 10d.• Simmonds, silversmith, for silver
starreitdflicdinloegns 291.-she had ordered 701. worth ; she paid a
o2rsd2ereldt-m
these
amongst thesehgings
,biullphwohlsetnereshe upholsterers, L 3s. a
were five pairs of window curtains, 1201. ; Holding, up-
holsterer, in Fleet-street, 133/. ss. d.; Bailey and Jack-
son, upholsterers, Bond-street, 99/. 1 ls.-very handsome
and expensive articles; Messrs. Gillon, upholsterers 774
7s. 6d. for carpets-she had given orders for card tables,
which were suitable only for a mansion of great import-
ance ; the order would have amounted to between 300/.
and 400/. ; Messrs. Latworth, for carpets, 811 ; Messrs.
Bailey, ironmongers, 60/. 17s. 9d. ; Geeks,_ ironmonger,
221. 1 ls. ld. ; Spencer, wine-merchant, 137/. Bs. ; Field,
Wardell, and Co., wine-merchants, 71/. 4s. 6d.-cham-
pagne, old port, gold sherry, East India Madeira-she said
she should pay the first week in April, as she had money to
receive at that;time ; Plaskett, wine-merchant, 611.185.
John-White, wine merchant, 28L-she paid a small bill,
and ordered the other wine, for which she said she would
pay in April; she had extended the order very consider •
ably, but it was not executed ; Alsop, glass and china-
man, 176/. Is.-very expensive glass and china articles-
she said she should be receiving her dividends, and would
then pay-one table set was 381., a cut lustre, 40/. ;
Phillips, chinaman, 421. Bs. ; Cooper, looking-glass-
maker, 38/. 10s. ; Brooker, looking-glass-maker,
481. 19s. 6d.; Churton, bookseller, 48/. 13s. for books ;
they were to be paid for in February; Dickenson, linen-
draper, 901.-she paid a bill of 28/. when she gave this
I%lr. Newman, optician, a teles-
order; Messrs. Broadwood, for a piano, 162/. 155.-she
said she was in a hurry for it ; Messrs. Stoddart, for a
728411. ssMlssrs. Payne, clockmakers, black
cpmc)iaaPnrcblfeoareteleo"sck, 26/. 55.; gilt clock, 16/., and an eight-day
clock, 161. ; Davey, watchmaker, a gold watch, &c.,
20/. 11s. 6d.-this watch, and other articles of the value
-of 124/, were received from King's clerk; Messrs. Town
and EmmanmeuEleb,:flua,n:cBo:4.24ar.utdicglees, 180/.
The case was adjourned till
j.utroy-
All these articles were furnished between October,
cliBe4nlt,faoiridth
,moorrrowmorning,counsel.
the
Learned Judge stating that nine hours were quite suffi-
cient
witnesses were examined during the day.
WEDNESDAY, FEB. 7.
The examination of witnesses was resumed this morn-
ing, and some other tradesmen who had furnished goods