The Sun.
London, England, 1826-12-21 00:00:00

acquittal, so as to protect them from any eobietwent in-
dictment for the same offence.

We are now at liberty:tir afar a few observations on the
nature of the evidence that has been laid before the pub!
lie, and feel but little hesitation in saying, that a Grata
Jury could do nothing less than reject the indictment, unless
supported by better evidence than that on which the com-
mittal of the prisoners was founded. The utmost that
was directly proved was, the use of certain words by Page
expressive of his wish that. the old man Akehurst war

dead, and how easily he might be murdered, and perhaps
those expressions did amount to insinuations, that un-
less he died naturally within a short period, he (Page)
would hasten his departure from this world. Although,
indeed, the correspondence said to exist between the marks
deceased's bodies and the instrument of Page's
made, found in his kit, may be viewed as strong corrobo-
rative evidence, still it was corroborative evidence only,
and therefore could be of no weight unless brought to
lead out and elucidate previous positive circumstances at-
tending the murder; such as the vicinity of the prisoners,
or one of them—possession of part of the property of the
deceased, or the like. In this instance, neither of these
.facts is positively before us, nor in truth is there any thing
positively and clearly shown, from,which an inference that
the murder was perpetrated by the prisoners might tte
justly drawn. All the evidence is circumstantial, and if
the conviction had followed, it would have gone upon the
principle, that Page and Ayres might have committed the
murder, ecause such and such circumstances might have
been so and so, not that such and such circumstances were
in truth so and so. „Circumstantial evidence is sufficient
in cases Of murder, or in plainer terms, an inference drawn
from positive facts, is enough to justify a verdict of con-
viction. Although this indeed is law, still no judge has
ever yet permitted a Jury to infer guilt in a. prisoner, upon
a supposition, that facts were so and so, simply because
the evidence showed that facts might have been so as
supposed. First, to infer that the facts were as proved,
they might have been, and thence, from this inference,
again to infer the prisoner's guilt, is precisely the
case of the two above named prisoners. Thus Page
might have desired the death of the old man, he might
have planned to kill him, might have gone all the
distance from Weyhill to Leatherhead and back again in
the given time, he might have carried with him his instru-
ments of trade and, because he might have done all this,
the Jury is called upon to say, not that he might have com-
mitted, but that he did pOsitiVely commit, the murder. How
was tlifs possible? " Show us," they might say, " that
Page was at Leatherhead beyond a doubt, and then we
shall' know how to deal with' him." After all, too, Page
was pot seen at Fetcham ; on the contrary, he is clearly
shown to have been many miles distant, except
perhaps a few hours' of the day on which the murder
was committed. And again another "might" is interposed
because he was not seen in those hours he might
have been, at Fetchani. Yes, but was he there ? Nothing
positive can he concluded even from the correspondence of
the marks on the murdered persons with the instruments
of Page's trade found on him, because all these itht
merits are made to a size, or nearly to a size, according to
an established ;rule of long custom. Thus, from begin-
ning to end, the only positive fact that could be shown is
the death of the two unfortunate persons by violence,; be-
yond this all is vague and uncertain. Some positive fact
must he obtained affecting the prisoners, on which all this
train of eVidence maybe hung: shew this, and then, per-
haps, enough is shown to convict them. That the cir-
cumstances are suspicious we admit ; and whilst we say
that we 'are not satisfied of their guilt, we may add, we
are not satisfied of their innocence. We hope, therefore;
exertions will not be relaxed, but new evidence searched
for and obtained, more decisive in character, and more
positiVe in detail. 'We 'hope, be the murderer who he
may, he may yet be discovered and brought to condign
punishment. Let him reinember retributive justice must
await him, and though she may be slow-footed, she is never-
theless straE. The'rod of the avenger is gone forth—Cod's
mark is upon him !

THE FUNDS.

CITY, (Trite DAY), Twelve o'Clach.

The English Market has been in a very feverish state all the
morning ; Consols opened at 80i, went up to 80k, supposed to
have been caused by the rise in the French Fundy, but they did not
support this price, and have subsequently fallen to 80 ; India
Bonds, 24 8 ; Exchequer Bills, 11 13 pm. The Foreign Plinth
remain without any business this morning, and prices seem much
the same 'as yesterday ; Mexiaati Bonds are quoted ut ;
'Colombian stationary at 33i ; Russian hive had an advance of
nearly 1 per Cent., being 83 ; and Greek, 17i 18 ; Portuguese
Bonds have continued steady at '7O. Shares continue in a lifeless
state, and no business doing. • .
Three per Cent. Consols for account, 80 ; India Bonds, 24 8
pm. ; Exchequer Bills, 11 18 'pm.
Foartax FUNDL—Brasilian, 59 61; Buenos Ayres, 59 61;
Chilian, 36 8 ; Danish, 561 74 ; Colombian, 1824, 38i 4 ;
Mexican 5 per Cent., 63} 4 ; Ditto 6 per Cent., 64,1 ; Peru-
vian, 30 2 ; Greek, 17} 18 ; Russian, 83 ; Spanish, 12i 134.
Mexican, 27i b this. ; United Mexican, 8
6 cis, ; Real del Monte, 80 100 pm. ; Tlalpuxahua, 40 60 pin.
Brazilian, 5 7 pm.; Bolivar 2 3 pm.; Potosi, 48 50 per Share
Colmnbian, 'l4 16 per Share.

Two o'
The only price of Consols for the lad two hours has peen
alternately buyers and sellers; . India Bonds awl Exchequer Bills
have had no alteration; nothing new in the Foreign Funds; in
fact there ie scarcely any business. Shares have been rather look
ing np, and priees are rather better, particularly Coloinhian, whirl
are quoted 15 16 per share.

THREE O'CLOCK.

Consols for account, 7 9
FOUR o'CLOCK --1
Consols ---
Do. for Ac.'79ii
Brazilian "Bonds --
Buenos Ayres Do. --
Cltilian Do.--
Columbian, 1824; 33i

LOSING PRICES:
Danish Bonds
Greek Do. 1825 174
MexiCan Do, 1825,-84
Peruvian Do.
Russian Do. 83
Spanish Do. In •

BANK NOTES.

An account of the total number of Notes of the Governor and Company
of the Bank of England, under the value °I'M, which has been issued
during each and every Week from the 13th of November. 18116, until
'Saturday preceding the 15th of December, ISitl; and also the total
number of Notes under the value of 5/. actually In circulation at the
close of the business on every inch Saturday, pursuant to Act nth
Geo. IV., cap. tl., • _

I Numberof Amount in eiroubt-
Notes of tion of Notes tinder
£1 issued. the value of £5,

From Nov. 13 to Nov. 18, both inclusive Nil Nov. 18 X 891,091
From N0v.20 to Nov. 25, both inclusive Nil NTOV. 25 ... X 861,058
From N0v.21 to Dec. 9, both inclusive Nil Dee.
... X 822811,297
From Dec, to Dec. 9, both inclusive NH De 9 ... ,454
. N.B. No other Notes under the value of W. have been issued.
. 1alled) , • • W. HUTCHISON, Dep. Acct.
" Rank of England, Dec. 15.

WINTER ASSIZES, KINGSTON.---(Tnts DAY

(Before 111 r. Justice Bali vv.)
William Stone Wl' capitally indicted for committing a beastly
crime, an Streatham COMMIX], At mill-day, on the, ltith August
last.
The 'evidence against the prisoner was very strong, hut the
Jury, from merciful rontiderations, acquitted him.
The "sizes are not 'expected to :termi►ate lief..re Saiur4llr)
evening.

ingl'tatBb - - ..nn,4 considerable .mll Of money. A , gentle-,
man standing near hlin said to his friend, " That, imw, is A eon
Ll:ridi,ritpwilke de Montroorenci IV:tS 0110 clay, play-
which would make a gentleman's fortune." " Would it so, Sirr,
replied the DUke. " take it then, I only wish that it were more,
CIVIL. INSULT.,( It •
very plain lady a
to - very pretty one, " that I cannot dress my
'Tis easily explained, replied the
hair so becomingly as yolira, NVit'at is the reason, said a
though I try all possible ways ?"----
Ike that I adjusted my curls to the form of my conntinenre;
whilst yours always turn away from the face—which is Very
ugly." proud beauty ; " dou't pan
1

CITY WARDMOTES.-(Tuti DAY.)

ERIDOIC WITHIN WARP•

This :Ward teteirnitriteen Members, and- three new candidates,
Mr. Mitt, Mr.-Potukr, and Mr. J. York Hatton, are severally
contesting the vacant seat in the CottiMOn Council, Occasioned by
the resignation of Mr. Gye, elected à-Member of Parliainent.'
Mr. Mclennan H..GAstuarr took the Chair at the Wardmote,
held at Fishmongers' Hill, precisely at one o'clock, and the fol-
lowing Candidates were proposed:— • • -
Mr. John Joiner, Mr. M. W. ChM, Mr. N. Saunders, Mr.
W. K. Child, Mr.. Cartwright, Mr. Chatfield, Mr. Green, Mr.
Sinallpiere, Mr. Smith, Mr. Lock, Mr. .Foes, Mr. Borell, Mr.
Pewtresa, Mr. Jones, Mr. Nott, Mr. Ponder, end Mr. Hatton.
Mr. Alderman GautitArr declared the show of hands to he in
favour of the first fifteen gentlemen.
The friends of Mr. Hatton and Mr. Ponder iminerlietely &-
ramie:la poll, which was about to take place when our reiorter•
left.