The Sun.
London, England, 1826-08-12 00:00:00

ASSIZE INTELLIGENCE.

WELLS, 44.gtiosT 94

clv/T. ny.......;.WlflitEitS V. 'IIIOV/laf.

This wee an action against tile ownerof a treding.ve6sel
eariih,,f up tolividgiwateti,for wages 'alleged to be due to
the plaintiff, as master of the'-easel. The Jury returned
a verdict for the defindent.
The test of the dt/tWa9 occupied in the trial of an action'
of trespius respectini a liability to repair the fences
between two farm.

1

eftOW Pi SI bT•
Richard G"ibso►z, a young xnan in the dress, orAh‘bour"
ing farmer, was indicted ►or stealing an iron chest, two.
canisters, and several articles from a dwelling-hoise, The
charge of stealing from the dwelling-house was aftet-wards
abandoned, the articles being deposited in a counting-
house, distinct from the house : and the offence was, there-

fore, reduced to thi mere stealing.
The offence itself had nothing extraordinary in its
cutnitances, hut the after consequences were of a very
serious nature to the prisoner, and probably to his comps-
none, if he had any, The prosecutor, who, well a mer-
chant, was awoke in the night of the robbery by an ex-
plosion which shook his house. It turned out on eXtittli,-
nation that some thieves had broken open his counting-
house, and taken away his iron-chest, with two canisters,
which in fact contained several pounds of gunpowder.
The thieves, no doubt, supposed they contained sottie
thing more valuable; for having gotten just out" of the
house, they, no doubt, proceeded to examine. the Contents
of the canisters; and being off their guard, they must have
incautiously applied a light. But whatever might have
been the cause, the_ effects were obvious. The explosion
has already been mentioned. ,The particles of the iron
chest, were discovered ; the chest, itself being blown to
pieces so as to have lost all form. Its contents (chiegy
deeds and papers) were scattered about, partially burnt;
spots of blood were perceivable on some portions.- of the
chest; and a button, apparently front a man's jacket, was
found on one of the pleces. Suspicion fell upon the pri-
soner; and a, constable went to his lodgings. He was
found in bedi his taCe dreadfully -scorched ;.'lds eyelids
destroyed,and a shOcking lacerated wound on one of his
legc. , For the scorching on his face he did not profesato
account ; but the wound on his leg he ascribed to his
having fallen from a wall which he bad attempted to
climb; and.in the fall he said a stone had come upon his
leg. A surgeon examined his leg, and said that no stone
under. such circumstances could produce a wound of such
severity.
The learned Judge left these circumstances to the jury,
observing on their
,strength, that they all .contributed to
lx the guilt upon the prisoner, but giving him all the
benefit of the observation, that they did not amount to
',positive proof. The jury found him Guilty; and sentence
was for the present postponed.
_

Jahn Chappell, aged 27, was indicted' for stealing a
414104 of hay, the property of James Dudden.
The Jury returned a verdict of acquittal.
Phaibe Rpopir, aged about 50, and apparently a res-
pectable woman, was indicted for felonioudy marrying
Jonathan Puxtone, her former husband; Wm. Hooper,
being living.
it. was proved that a Marriage had taken place in 1819,
between a man named Hooper, and a female supposed to
be the prisoner, by her maiden name, of Holloway ; but
the witness, the parish clerk, who was called to prove this
fact, sailhe was: not certain:of the prisoner's identity.'
She appeared to be the same Woman ; but she was, if the
same, ,very much altered in appearance. The second
marriage with one Paxton., a farmer, in the present year,
(as well actheprianneee identity with regard to this Mas-
riage), was clearly proved. This took 'place in April in
the present year. To clear up the fact as. to the identity
of the prisOner on tilt first 'marriage, the constable who
apprehended her was called. Site was living with her
tecond husband, fanner Pustone, at the time. When told
there was. ear warrant against he for bigamy, she . said it
Irks nqnsalble, 4,there bed been an agreement between
is thein,•'-an agreement prepared by a lawyer ; and there-
lore o,44tatitt could not be made to believe that there
could be any legal char"ge egainat her. The meaning of
the ettiression them would be clearly made out, as re-
fening to the two luistands, if the conversation on the
seine sultiect, at the same
_time, bet occurring while the
prisoner.was dressing herself in order to, go to, prison,
could be Made legal evidence, against her; -but as it took
piare in her absence, it wary not admitted in evidence.
Upon, tins defect :in the care on the part •thAproseen-
tion, the Learned Judge directed ran acquittal, because,
although it had been, proved that there hail been a mar-
riage between two persons in the year 1819, it was not
proved either by evidence, or by the prisoner's confession,
that she was one of them.
The -jnry accordingly acquitted' her. The prisoner,
from, her appearance and manner, as well as from her de-
portment throughout. the trial, exvited the sympathy of every
person in Court. Nothing was alleged against her che-
ratter in any respect whatever.
Sarah Ireooer, a young woman of a very interesting ap-
pearance, was indicted for intermarrying with William
Greendale, her first.husband, John Webber, still living.
Having a baby in her arms, she was accommodated with
a chair.
Examined copies of the registers of both. marriages,
were put in evidence ; one was from the pariah church of
Bathellon, in this county, certifying the-Marriage of John
Webber and Sarah Parkman (the pritionei)'- on the 18th
October, 1818. The second .was from Tiverton eliorch,
iii flat onsbire setting forth the marriage of William,
Greendsteind Sarah Parkman on the 2lat" Feb. 1525,
Joieph Webber atsidthat he was brother to John Weli
berrthe first husband of the prisoner. He was present at
the marriage r, , his briither and prisoner at the parish
chinch of Bathellon, in, this county, about seven years
ago. Hee maiden tiante.want., Sarah Perkman. His brother
and she liVed
,very unhappily together. !Witness here
gave several instances Of unhappy differences between the
prisoner and husband. He saw his brother, 'John
Webber, on the 7th of June last. fie was then in good
health:
Another Witness proVed that, he was present at the
marriage of priSoner and Greendide at Tiverton church, on
the 21e of February, 1825. He also saw John Webber
lately. ,
Two witnesses called for the defence, said that the PO'
toner and 'Webber lived most unhappily together. On one
*coition hAdePtived her of her clothes, and left her el-
stiost naktd.-! He often threatened to kill both her and her
had.' in execution of his threat he went so far, on one
oeCasion, as to burn'tim child's legs...
TheJury:finnut her Guilty, but recommended her to
the Merciful consideration .ot the Courti Oa account of the
bad treatment she! ad, received from her husband, in' ceni
segnetice of whtch,itite-,wes driven to this-second marriage..
Mr. jtv.v,tice,l44lo4lAeliserved, that it was most unfor-
tunate that the mid-Yr intitiend hied on such very bid
This was not, however,, an excuse for marrying
tiwith another. She VgUe r6lll.ld.gtlilty on the clearest svt,
tolliietitienee, however, of the recommendation
fhb `filly,,fuluided on the evidence, before them, the
of:
• telkottbe:.(iourt war, that the prisoner be impri-
-311 run
coned for twct inpnttis.
jai.nes carler;. 11,4 was. convicted of
Tire
a Itunb,:
t Thibert:Vath,' the elder, he Jury ream.
t}* Prqer-"Y„,:, p'.ey and the judge said the tecommen-
wended .101 tO.
Oatigil should be atten!,
15 mut ,Tasper Poppy,, aged 17,
,firnier rpanris, aged. , •rn :oily on the King's
Were. indicted for assauttfing.
higliivkky,•Putting him in eayni!ditil-eliol.notisly taking from
biro two notes of the:l3Eond But k
'he' riSoners.
The Jury acquitted t • P

• CAJWCESTER, A.I..SUST 10.
I.l* Intor AG AIN •
SAfilit annowes.
This ws; an -action Inoue* for the original publication
of this libel in the .94/,,purn Jour/Jai of the Bth of February.
The facts being entirely the same, and the evidence, so
fa a* it went,. likewise, we 00101 11QC rekeoit partio

its, which we have given at considerable length, in our
report of the case of ' Smith (the same plaintiff) and
liodiett," yesterday.
11' r. Campbell stated, as before, the plaintiff's case;
the publication was admitted and.justified, and at the
suggestion of the Court, the karats(' Couniel refrained
tomailing witnesses, the notes of the Court being full
upon the subjeet.
Mr. Phillips, for the defendant; made an animated and
eloquent appeal to the Jury, -andcalled upon them, as
they valued truth and humanity, to shed protection around
those who had expoied the treatment of this poor idiot.
Re then called the Rev. Mr. BroughtonLW -Wsio-POI,
son, the constable, and the principal of the witnesses ex-,
amined in, the preVious case, whose testimony respecting
(xeorge Smith's past and present condition did not vary,
from that already given. lip called inaddition, Mr.Bele-
Wen, the proprietor cif the Lunatic AsyluM, Sprin Vale,
Staffordshire, who proved that the elder Smith the fa-
ther), so far from having an antipathy to. place is son
hi such an establishment, had actually agreed with him
for his removal and care, 14 year( ago, when he upon his
return home had die&
Mr. Campbell replied at great length, and
Mr. Justice Burrough summed up the evidence to the
Jury, who, at nine o'clock at night, retired to consider their
Verdict ; and, after an hour's consultation, found for the
plaintiff—Damages, 100/.
It was in this paper (the Stdopian Journal) the libel
first appeared ; and the Birminghanaournal, against which
the preceding verdict of 4001. was given, merely copied it.
The evidence, as we before said, was verbatim the same
in both cases.

CROWN COURT.

At the sitting of the Court, the prisoners who were
convicted yesterday, part of the confederated gang who
infested this county, were arranged in dui dock, and two
of them were hroughtin last, and placed at the bar, being
'!,elected'ati an eiample, and left to undergo the awful sen-
tence of the law., Their names are William Mills and
'Thomas Gyrdner,.poth young min.
Mr. Baron Garrow passed sentence of death upon the
prisoners,: who were dreadfully agitated during the awful

ceremony.
The other prisoners were then. severely admonished for
their transgressions, and entreated to establish a new and
a better character in the different society into which they
were now about to be introduced. They were then sen-
tenced to different terms of transportation, some for life,
and otheis for 14 years, and a few for seven years.
Charier Bence, Henry .Tobn, Tlrilliam All, and Dr.
Turner, were indicted for having, on the ,evening of Sun-
day, the 16th of July, and also on the ensuing day, assem-
bled together in the parish of Berkeley, in an unlawful and
riotous manner, and being armed with sticks and other
weapons, committed several breaches of the peace, and
particulatly on John:Cotter.
At the recommendation of the Learned Judge, the pri-
soners pleaded " guilty," and were discharged, upon en-
tering into their own recognizances, in the sum of 201.
each, to keep the peace.
It appeared from Mr. Curwood's statement, that had it
not been for Colonel Berkeley, and othm members of his
family, who were near the spot at the time, at. serious riot
would have taken place, owing to the spirit manifested to
expel the Irish labourers.
Mr. Baron Garrow said that the neighbourhobd ought
to feel indebted to Colonel Berkeley for his prOmptatid
effetitind interference pn the occasion.

The Crown businesa being finished, Mr. Baron Garrow
left town, leaving Gardner and Mills for execution. The
Grand Jury bad found 30 bills against the one, l 8 of
which were for burglaries, and 16 against the other, 11 of
which were for similar offences.

FRENCH PAPERS.

(Front the "'tusk of August 10.)
LtstioN, JULY 21.:--The Intendant of Police issued, on
the 14th of this month, a very severe Ortlinatitte against
thost"who applaud et the theatre ; he threatens them with
a considerable flue, • luittirltionunent, and exclusion from the
theatre. The Members Or die craateet,*
Decree of the'l3tli, for 'the purpose of taking measure,
preparatory to the election of Peputies, have addresied a
letter on the .subject to the Oovernment.
The Regency hill received the following news from
Oporto :
Your Serene' Highness !—The importance of the dis—
patches‘Which have successively arrived in this City, ton-
renting the new, political institutions which bur legitimate
Sovereign,' Don Pedro IV. has thought fit• to give to the
Kingdoms of Portugal and Algarve—the rapid and sur-
prising development of opinion, in all claw" of individu-
.
ale composing the population---the influence which our
opinion, so general, and so strongly pronounced may, in
II few days,. perhaps in terns moments, have 011 the tran-
quillity of the. whole kingdont," obliges Inc to call the at-
tention of your Royal Highness, to what is passing here.
The first news.pronolinced in this City, created the ut-
most joy ; all proclaimed the new charter, the only post of
safety for the State: but in the midst of the general traria-
port it. was easy to distinguish, also, the most fine and ene-
getic resolution to exact the full execution of the
benefits of the Sovereign, and this resolution gained strength
in proportional the silence of the official Gazette,,on. the sub-
jeot of such important evenM, gave birth to terribledistrust,fouuded
on au idea, that it was intended to oppose the execution of the
benefits of Sovereign. Amidst a ,people so full of enthusiasm,
it was impossible that the sentiments which agitated them should
not be communicated to the troops of the garrison, and, in fart;
they soon showed themselves animated by ,the same joy, and ere
now agitated by the ante distrnst. The peiceible character 'of
the inhabitants, and the discipline which I have maintained'
among- the, troops, have hitherto kept them within bounds of
duty and moderation, and they have contented themselves, for the
two .last evenings, with manifesting, in the Theatre, -the whole
extent of their enthusiasm, butt with tht greatest order and roped
fin• the authorities.. Yet I must frankly tell your Higbee**, that
if this state of uncertainty awl distrust is suffered to continne,:and
if t first post does nut bringpositive orders for the oath to the
Constitutional charter, it is impossible to preserve tranquillity, or
to, calculate the fatal consequences of such a state of things. The
inherit/wt., officers, and privates, have but one opinion--Oue
affection—fall of love and fidelity to the sacred person of their
legitimate Sovereign, Den Pedro IV. ; all loudly demand the full
accomplishment of his desires ; all understand that the Govern-
ment of these kingdoms, after having been confirmed by the De-
cree of the 20th April last, derives its authority and its power
from this-DeCree alone, and that it,uannot legally impede, prevent,
or retard the execution of the Decree of ow Savereign. Let
obedience to the Decrees of our Sovereign be in unison with .the
knowledge, the right, and the wants of the age, and, from this
concord there will result a force which it is highly dangerous to
attempt to paralyse. •
The: of Portugal depends entirely upon yoer Hi gh
~ nese; it
•
it to you alone, that the Constitutional Charter confides the lle-
endfill delay of the
Ilatteluh,Ytrniddexttecu"ti‘oZortrett_7lflattlittaire, srauui to the people t 9 be an
effect of the efforts of persona who are interested it, keeping them-
'elves in power,.and in deferring the esta.b.liahment'of the paternal
14'IMeY of your Ili!hness, The the
of
itllitech If4otnhthof
tide month bee nut, ispelled the .general distrust w •
`'`'"teary, bra. bean: tilua increased by the accounts received froth'
"on, toneerniug the
.discord whicleentne-perverse persons haVe
,endeavoured to excite attiring ,the troops atilt garrison. The first
and greatest want of the Portuguele at this moment is, that the
Constitutional Charter he speedily sworn to, and CarrietrintO effect;
etatthet the ft/putty q.f.the tiingdom be exercised by your High-
neessAtewhont it belongs, by virtue t,f the Charter. Such are the
diteireellt!gelly, butt energetically, manifested hy all the inhabitants
city, which I have thought it my duty 'to lay before your
klighness, to satisfy my conscience, and whit I owe to our King,
1)'" P 049, AP Kit August Daughter, :Queen Dolma ?tfaria 11., to
Ytitir Ilighuss.,, to ray Onintry, and to myself..
(Sieraed): R.r AO DE SA.LDANII A 'OI..tVA DANN.
• Major-General, Governor, ad interim,
()1"41}, July In,. Itt2o, of tilt District of 'Oporto.
AU4I. Lave letters li'olo St. Petersburg" 4 of
this With Aoly fist those among the eonapiratorst '66
;tare heemi tietitnnttell In; work in the. Alines, have been degraded.,
and 1411.11eir,8 ciYiilidatiih,tlteo lose evert their names. 'Finis is
tile
es"
witi(il4l:troinncetlTieCortttAililfon o'nfeANtt't4gul'kstt f;*.k)i.'-.:
LITTER OF Pri. ItYNAllk to 'sins PAWS COMAIITVIE.
Avo, wrote to you on the Nth crf Juir, gif-