The Sun.
London, England, 1844-04-04 00:00:00

POLICE INTELLIGENCE.
(YESTERDAY.)
MANSION-HOUSE.
James Mitchell, a native of Calcutta, appeared before
Alderman Wilson, for the purpose of complaining against
the Captain of the vessel in which he came to this coun-
try, for having left him to take his chance the moment
his services ceased to be required. He had, • he said,
been engaged by Captain Beilby, of the Sophia, at
Calcutta, to work the vessel to Liverpool. Upon the
arrival of the ship at Liverpool, the Captain gave him a
piece of paper, containing a few words, signifying
nothing ; told him to travel up to London and apply at
the East India house for a passage back to India, which
would be at once yielded to him, and regularly hum-
bugged the unfortunate man by assurances that all would
be right. At the East India-house he was informed that
the Company had no power, since the trade to that em-
pire had been thrown open, to dispose as they could wish
of the natives who navigated the ships on their voyage
home. The conduct upon the part of the Captain had
caused the greatest distress to the applicant, who was
actually starving in the streets, for he found a negative
to all his appeals for a passage.
Alderman WILSON regretted that all he could do in
such a case was to order a little temporary relief to the
poor man, and send him to the union. It was, he ob-
served, a most lamentable thing to witness the numerous
eases of the kind in our streets, and if the Legislature
would not introdu3e some expedient in a Parliamentary
measure to meet the evil,.the mischief would be quite in-
tolerable in a short time. The East India Company were
certainly not obliged to send home natives who came to
England in vessels not belonging to them, and it bad be-
come a practice amongst the free traders to accommodate
themselves with the labours of these unfortunate men,
and to abandon them to casual charity. He trusted that
in the Poor-law Bill some regulation would be intro-
duced, from which advantage might result to persons so
calamitously placed.
It was stated that one of the individuals who had been
subjected to the treatment described, had taken it into
his head that the Lord Mayor was bound to protect all
distressed foreigners, and actually. broke the windows of
the Mansion-house five different times, upon finding that
his complaints had not the expected effect. .
Several most painful instances of the above descrip-
tion have been of late stated at the India-room, but in the
present state of the law, it is quite impossible for Magis-
trates to deal with them satisfactorily.
BOW-STREET.
A middle-aged man, named Henry Burgess, was
brought up before Mr. Twyford, charged with stealing
a double-barrelled gun of the value of 20 guineas, and
part of another gun, from the shop of Mr. Charles Egg,
gunmaker, Piccadilly ; and also a key-bugle, the pro-
rerty of Mr. Henry Fenton], music-seller, Strand.
Thomas Oldham, the landlord of the Archer's Arms Ta-
vern, Newton. street, Holborn, was also charged with
receiving these articles, well knowing them,to have been

Mr. ComBE asked the tipstaff to make his own state-
ment.
Mr. Allen said that he had acquainted the Vice-
Chancellor with the proceedings at this Court on Friday
last, and his Honour's positive directions to him were to
come to this Court and take the prisoner into his cus-
tody. I told his Honour that you had refused to give
him up, but the Vice-Chancellor said, you must go there
and take him.
Mr. COMDE said it was not the first time he had been
asked to give up a prisoner, nor the first time he had
refused to do so. He felt it his duty to refuse in this
instance. The offence was a criminal one, strong evi-
dence had been tendered, and evidence of a stronger
nature would probably be adduced. If there was an
intention to prosecute the prisoner in a criminal court,
this Court was the proper medium for advancing such
a proceeding. He was not aware that it was in the
power of the Vice-Chancellor, or of any other judge, to
take a prisoner out of the hands of the magistrate.
If there were such a power it must be attained through
some legal process in Court, and let that be resorted to,
and he would, of course, yield to it. The Vice-Chan-
cellor, if he wanted the prisoner must take the regular
mode. Giving up the prisoner. under present circum-
stance, might amount to compromising of a felony. He
(Mr. Combe) relied on the position in which he stood.
An Act passed in the reign of Mary, made this
offence a misdemeanor, and the provisions of the 9th of
George IV. were still more stringent. Under all these
circumstances, he must refuse the application, and com-
pel the attendance of Mrs. Wertheim
Mr. Humphries had no objection that the prisoner
should be handed over to the Court of Chancery, and
Mr. Southey again urged the Magistrate to give him up
to the tipstaff, but the worthy Magistrate declined
doing so.
The prisoner was then remanded until Wednesday
next.
Mr. Humphries asked if bail would not be accepted ?
Mr. ComnE said he would accept:competent bail. What
was the prisoner's profession or occupation ?—Mr. Hum
phries said he had been called an esquire for the last 20
years."—'"'
Mr. ComBE said he would not accept of less than two
sureties in 5001. each, and himself in 1,0001., to appear
in that Court on that day week at twelve o'clock.
The required sureties not being forthcoming, he was
locked up.
lt was erroneously stated that Miss Wortham is pos-
sessed of an independent fortune. Our reporter has been
requested by the solicitor for the prosecution to mention
that such is not the case. Her means are exceedingly
scanty.

THE SEVENTY-NINTH HIGH-

LANDERS.

THE SQUARE OF THE HIGHLANDERS AT
TOULOUSE, APRIL 10, 1814. (From the Note
13Jok of Captain John Ford, Royal Hospital, Chelsea.)
Though the square formed by the 79th Cameron
Highlanders in the valley of the Ers, near Toulouse,
is mentioned by French military writers, and is laid
down in their plans, yet I am not aware that the par-
ticulars have been given in any British publication or
official letter; I may, therefore, be excused copying
from my notes a few words respecting- it. The Sixth
Division, commanded by Sir Henry Clinton, of which
the 79th Regiment formed a part, erossed the bridge
over the Ers at Croix d'Aurade, but did not sustain
so much loss from the fire of the redoubt des Au-
gustins on the Plateau de Calvinet when advancing
along the valley, as the Fourth Division
which had preceded it. After passing and getting
out of the range of the guns of the above men-
tioned redoubt, the 79th was on the right of the di-
vision in the valley, between the Plateau de Calvinet
in possession of the enemy, and the little river Ers ;
while so situated a corps of French cavalry unex-
pectedly appeared, debouching in slow time by one
of the deep farm roads which cross the plateau, with
the intention, no doubt, of attacking us if not pre-
pared to receive them, of turning the right of the
two divisions, or of cutting off their communica-
tion with the bridge which we had passed, the only
one over the Ers not destroyed by the enemy. The
position of the 79th was, therefore, a very important
one. Lieutenant-Colonel Neil Douglas (command-
ing) immediately formed square, ordered out Ensign
Balfour to the front with one of the colours, and
gave the word " march."
Balfour's conduct was much admired ; he carried
himself quite erect, the colours inclined forward—
which, as he had no shoulder or waist-belt to support
them, required strength of arm—pointed his toes, and
gave the step to the square with as much regularity
and correctness as he would have done at any formal
parade in England. The view of the two corps ad-
vancing in slow time to meet each other must have
been a very interesting sight, as seen from the high
ground which the French held possession of. When
the square had arrived sufficiently near, Lieut.-Colo-
nel Douglas halted it, called in Balfour, and ordered
the grenadiers to give the enemy a volley, upon which
they wheeled round and retired as slowly as they had
advanced. I believe they did not sustain any loss
from our fire—certainly I did not see one man fall.
The French account does not agree with that I
have given ;_ the French author must have written
the passage from an incorrect report, because though
the Dragoons and Lancers in the French service are
called " Cavalerie de Ligne," they had not so many
as 115 regiments of that description of force, there-
fore the 115 de Ligne must have been an Infantry
regiment.' The threatened attack upon the 79th
square was made by cavalry.
On the morning of the battle of Toulouse, the 79th
had only 414 rank and file present in the field, but
they were veterans in every sense of the word. Not
a shot was fired at us when in square. It was in
attacking and carrying the redoubt des Augustins
that the 79th afterwards sustained such a serious loss,
about one-half of the 414 rank and file being either
killed or wounded. Four of our officers were buried
in one grave in the redoubt (three of whom bore the
name of Cameron, and were cousins), and a fifth at
Toulouse, and thirteen wounded.—United Service
Magazine, April.

stolen.
Mr. Egg, the gun-maker, stated that he lost from his
shop, on Monday last, a double. barrelled gun, and part
of another gun, which were contained in gun-cases which
bore his name.
William Barton, inspector of the G division of police.
stated, that from information he received, he went with
the policeman to Oldham's house yesterday morning.
He saw the prisoner there, and told him that there was
something wrong. The witness, with one policeman,
went up stairs to a back room. The prisoner Burgess,
and three other men, were in the room. Upon these
men seeing the witness and the officer, they made a rush
to the door, but were stopped. Two of the men then
effected their escape by the window. Burgess was taken
into custody.
James Fryer, shnpman to Mr. Fentum, music-seller,
Strand, proved that the bugle produced bad been stolen
from his employer's shop.
William Bird, appraiser, 20, Exmouth-street, stated
that the prisoner Burgess waited upon him on Tuesday
evening, and said he had a double barrelled gun and a
key-bugle to sell, and he wished the witness to inspect
them. He consented to do so and accompanied the pri-
soner to Oldham's house. When he arrived there he
saw Oldham, and after waiting some time Burgess said the
landlord had advanced 2L on the gun, and they could not
get the gun out of his possession until the money was
paid. At length a young man with the prisoner said to
Oldham, " Come, let us see the gun, for the party will
not wait." Oldham replied, " Presently." After:this
the witness was requested to walk up stairs, and he did
so. The gun in question was produced, and Burgess
asked 121. for it. After considerable discussion the
whole party adjourned to an empty house in Charles-
street, Drury lane, and there the prisoner Burgess, after
getting a candle, produced a part of a gun and a key
bugle. The prisoner appeared very anxious to
sell the articles, but the witness would not buy
them then, but agreed to meet the prisoner
again the next day on the subject. Upon his
return home, however,' he heard of the robbery
which had taken place on the two prosecutor's premises,
and he immediately gave information to the G division
of police of the facts which had come to his knowledge.
Mr. TWYFORD considered this to be sufficient evidence
upon which to remand the prisoners, and they were ac-
cordingly remanded for a week.
A young man, named James Shaw, a goldbeater, was
charged with being concerned with others, at present in
custody, in breaking and entering the house of Mr.
Jacob Worster, oil and colourman, 61, New Compton-
street, and stealing a number of camelhair brushes, a
quantity of gold leaf, and other articles.
The case was proved against the prisoner, and he was
committed for trial.
CLERKENWELL. .
THE LATE CASE OF ABDUCTION.—EXTRAORDINARY
PROCEEDINGS.—Yesterday morning, when Mr. Combe
took his seat on the Bench, Mr. Southey, solicitor for
the prosecution in the case of William Burton Newenham,
who was charged at this Court on Friday last with the
abduction of Miss Wortham, a minor, and a ward of
Chancery, came before the Magistrate, accompanied by
Mr. Allen, tipstaff of the Court of Chancery, under the
following circumstances :
Mr. Allen applied that th© prisoner, W. B. Newen-
ham, be delivered up to him. Since the hearing of the
case at this Court, he had had a communication with
Vice-Chancellor Knight Bruce, who directed him to pro•
ceed to this Court, take the prisoner into his custody, and
place him in the Queen's Prison. Mr. Allen pro-
duced his warrant, signed by the Lord Chancellor, the
substance of which was, " That whereas, by order made
by his Honour Vice-Chancellor Knight Bruce in the
above case, bearing date the 22d of December, 1843, it
was ordered that the said W. B. Newenham be commit-
ted to the Queen's Prison for contempt of Court, CHESS.
the tipstaff is hereby required to take him into custody, It would appear from a correspondence which has
and place him in the above-mentioned prison." taken place between M. St. Amant and Mr. Staunton,
Mr. COMBE observed that the prisoner had been re- that the return match between those two celebrated
mended until this day. Was Mrs. Wortham in attend- players is not likely to come off, as the lovers
ante ? of this scientific game had anticipated. In the
Mr. Southey replied in the negative. After a corn- last number of the Palamede, M. St. Amant's
munication with the Vice-Chancellor, he thought the chess journal, is published a letter from that gen-
better course was to deliver up the prisoner to the tip- tle:nan, in answer to certain conditions laid down by
staff. He wished it to be distinctly understood,. that it Mr. Staunton, as the bases of the second match, to the
was not with any view to a compromise he made this most important of which the French champion re-
suggestion. fuses to consent, on the score of their being un-
Mr. COMBE—If Mrs. Wortham, the mother of this reasonable and extravagant. M. St. Amant commences
young lady, do not voluntarily attend, I will issue a by declaring that he considered Mr. Staunton bound
summons for her ; and if she do not come upon the by promise to play another match, on terms so similar
summons, I will issue my warrant and have her brought to those of the former contest, as to call for no
up it. lam resolved not to let this matter drop. The hesitation as to their acceptance ; that as he has no
evidence already tendered is very strong. This is a very written agreement, he cannot force him to act as his
serious case, and important not only as regards the promise seemed to imply ; and that he should, therefore,
parties concerned, but in reference to the public at large. merely recapitulate the terms proposed, and state why
Here is a young girl, not fifteen years of age, removed he refused to accede to some of them. The new propo-
from her mother's care. Why, it is just the very sitions, he remarks, smack dreadfully of the victor .
description of case contemplated by the Statute—a per- Brennus, when throwing his sword into the scale, never
son not able to take care of herself and under sixteen spoke with more authority. Mr. Staunton's conditions
years of age. It is stated by the prisoner, that he is are :
married to her. That aggravates the offence, but there "I. To play with M. St. Amant, or any other player,'
is no evidence whatever of the fact. From circumstances five matches of five games each, for 501. a match, or
which have come to my knowledge, I have some reason 2501. in all." To this M. St. Amant replies, " that he
to believe that the offence may amount to a felony ; but sees no sufficient reason for changing the stakes. As
I cannot now enter into these circumstances. I have the former match was for 100/. a-side, so should be
had an intimation that further evidence will be tendered, the new one. If the intention of the English
and I think a compromise would be not only injurious player was to play for a larger sum than before,
to the complaining parties in this case, but to defenceless the new preposition might defeat this purpose, as the
children similarly circumstanced as Miss Wortham. chances were, that out of the five matches, between such
The Police Act gives me power to issue a summons for equal players, only one would be the difference at the
a witness who does not voluntarily attend, and, in default end; and that, therefore, only 50L would be won or lost.
of attendance on the summons, to issue a warrant, and a But even supposing that one party won four matches,
warrant I will most undoubtedly issue and have her and the other only one, the sum won would be 150!.,
brought up upon it if she does not otherwise attend. leaving the mean 1001., the same as in the other match.
And if *le prisoner is instrumental in keeping Mrs. Why, therefore, change, particularly as the new propo-i-
-1 Wortham from coming forward, I tell him he is doing , tion had this great disadvantage, of the possibility of one
himself a very great injury, for I will most 'assuredly champion winning three matches, or nine games, and
keep him in custody until she attends. the other two matches and twelve games, each thus
The prisoner who was dressed with scrupulous neat- deeming himself entitled to sing lo triumphe r' M. St.
ness, and who took his place at the bar with great coin- Amant invites Mr. Staunton to reflect on these observa-
posure, was here about to make an observation, but tions, at the same time declaring that, should the con-
Mr. COMBE stopped him in order to inform him of the edition be insisted on, he will subscribe to it, although
position in which he stood. He had been charged with
unwillingly.
misdemeanour, but it was not improbable that he would 2. Those matches to be played at London or
be sent for trial for felony. It became therefore very Paris within three 'months after March 1, 1844,
necessary for him to be cautious in what he stated. The the sum of 501. being allowed out of the stakes to the
magistrate then repeated to him the usual caution, tell- . person who shall leave his own country for the put-
ing him he would certainly commit him for trial either
on the charge of felony, or on that of misdemeanour. pose." On this M. St. Amant declares, that as it
is utterly impossible for him to be absent from
Prisoner—l do not see why I should be charged with Paris, on account of his mercantile occupations, for
felony. I aver that I have nothing whatever to do with more than ten days, he cannot play the matches in
Mrs. Wortham's absence. Miss Wortham eloped with me London ; that as to 50/. being allowed in place of 20/.
of her own free consent. Can it be felony then ? (the sum agreed on for the former match), he considers
Mr. COM-BE—lt does not make any difference one way it to be an extravagant demand, and refuses absolutely
way or the other. to consent to it. Labourdonnais, he observes, went four
Mr. Mould (the clerk) asked the prisoner if he had ;i
times to London to contend with the English players,
any professional adviser ?
' and never once thought of making any such stipulation,
The prisoner said he had Messrs. Vincent and Sher-
wood, but they were not in attendance. He added— "3. The play to take place in a private room, with no
With regard to my apprehension, which took place on • person present but the seconds and a referee on each
Thursday last, I received on that ' day a letter from Mr. 1 sde." Strongly objected to, though not absolutely
Sherwood, my agent, who lives at 7, Carlisle-street, nothing.could
Soho -square, requesting me to attend his to Mr. Staunton's own showing, .
I refused, on the ground that " as, even according
at residence
upon that evening, and to produce my wife, assuring
criminal
at the same time, that if I did so all civil and.me club during the late contest ; to insist on such a
surpass the - admirable conduct of the Paris
proceedings would be abandoned against me.
there, and having been told that Mr. Southey '
drawing-room, my wife went up to him reluctantly be
..y way. By this stratagem.
was in the
went something had been done on the previous occasion to
condition would be considered an insult, as implying that
M. St. Amant further
render such privacy necessary."
cause she is large in the famil
or treachery, if I may call it so, I was given into the observes, that he feels convinced of the utter impossibi-
lity to find three gentlerm n among the Paris chess
hands of the police. . players willing to submit to such solitary confinement.
In reply to an observation of Mr. Southey, the pri- I "4. A game to be played every day, except Sunday,
soners said he did not mean to imply the slightest cen- from the beginning to the end of each match, when one
sure on that gentleman's conduct in any way. . or two days rest would be allowed, as might be agreed
Mr. COMBE told the prisoner that what he said had on, before the next was commenced." Refused point
no reference to the present charge, but the prisoner
blank, on the ground of his mercantile engagements ab-
tartly answered that the Magistrate was bound to hear solutely preventing such an unlimited occupation of time.
.
his defence. He was proceeding to state a great deal of (M St. Amant is, we believe, a wine-merchant.) The
irrelevant matter, when Mr. Humphries caine into Court, Flel:lch champion proposes four days per week instead
and, as agent for the prison& 4
, prevented him from say- of
,six. .
' until after the whole of the matches are brought to
ins more. 5. The publication of the games to be forbidden
a conclusion." Objected to, though not refused,
Mr. Southey
.again applied to the Magistrate to de-
on the roundg that such b.!' t• could not
liver up the prisoner to the tipstaff of the Court of
Chancery. Vice-Chancellor Bruce was of opinion that
prove injurious to pu Ica ion
his authority superseded the police magistrate's. He
amateurs of P • dalre
' party, and that the
to hear of any such condition. M. St. Amant observes
(Mr. Southey) was anxious that the matter should be , . ems an ndon would be unwilling
further, that this prohibition* appears. strange, coming
placed under the jurisdiction of the Court of Chancery,
as be thought such a course would be most desirable for ;
Ifrom a native of England, the country of publicity, and
all parties.