The Sun.
London, England, 1828-12-08 00:00:00

(FROM THE JOHN BULL.)

The falsehoods widely, actively, and ingeniously
disseminated for stock-jobbing purposes, concerning
the death of the King of Portugal, have all been ex-
posed, and the truth of the statement which we pub-
lished last week verbatim, (as received from a Por-
tuguese nobleman, written in the French language,
to a relation in England,) made manifest. The fact
is, that the injuries received by his Majesty are
trivial, when compared with the nature of the acci-
dent which occurred, and both the King and the
Princesses are recovering—as the people of Portugal
pray they may. The King has changed his bed,
and is in every respect doing well. In speaking of
Don Miguel, and his undoubted right to the throne
which he possesses, we have already, we think, suffi,
ciently shewn the decided character of its abdication
by his brother Don Pedro, and we have now only to
call public attention to the reception of Don Miguel
its Portugal after quitting this country, and the pro-
ceedings had, with regard to convening the Three
Estates of the kingdom. This act of Don Miguel
has been represented as unconstitutional; but the
least trouble in the way of reference to the history
of Portugal will show, that the Three Estates of the
realm have, over and over again, been convened,
from the earliest date even to the time of the late
King ; and we could enumerate, without the least
exertion, from the pages of a most able and im-
partial publication, called " Portugal! or, Who is
the lawful Successor to the Throne?" instance after
instance in favour of their assemblage, had we room
for extracts of sufficient length : but we prefer con-
fining ourselves to the facts of the case, because we
are quite sure that any person sceptical as to the
right of Don Miguel to convoke the Three Estates,
or the wisdom of the measure, will find his Majesty's
perfect justification in the precedents afforded in the
pages of that work—to which we earnestly intreat
the attention of those who desire to see their way
clearly in a cause, to misrepresent the real merits
of which, more trouble has been taken, and more
invective and vituperation have beau expended, than
we ever recollect to have issued, even from the
liberal press of this liberal kingdom.

THisl POLISH WALTER SCOTT.—A Polish
officer of the name of Bronikowski, banished for his poli-
tical opinions from the Russian part of Poland, found a
refuge in the Court of Dresden. Turning to account his
acquaintance with the history of his native country, and
having carefully consulted archives little known, he has at-
tempted to he the Walter Scott of Poland, and has pub-
lished at Leipzig several works, which have become very
popular, the last of which is entitled Erzahlungen.—
Literati, Gazette.

NEW SCHEME.— A n old French engineer
officer has lately published a new scheme of rather a whimsi-
cal description. He states that, far some years, be has
' remarked that the lamentations which accompany the great
to their last abode, are lost amidst the congratulations by
which their ancestors are overwhelmed. To obviate a
circurnstance PO mortifying to vanity, he recommends
princes to grant a number of annuities on their own lives,
rn vi 44
hi4ri
4,,i tp 4iNti quite them among those whosp real attachment
they wish to secure. They will then, he observes, only
have to consult their finance-minister, in order to ascertain
.the sincerity of the prayers put up to haven for the presser.vation of their precious days; and, whenever they die,
their annuitants will be heart-broken !—Literary Gazette.
_N.B. This pleas, though ingenious, is not new, it has
in his Voyage to the Holy Bottle.
The
been previously recommended by Rabelais in his chapter
on Debtors,il ,
late Moses Kean was a tailor, a stout-
built bushy hair, and a wooden leg. He
w.„ always dressed is a day,bing manner, in a scarlet coat,
white satin waistcoat, black satin small clittitevp ff 4
. Scott's liquid dye" blue silk stocking; he had alsO a
long-quartered shoe, with a large buckle covering his foot,
a cocked hat and a ruffled shirt, and never went out with-
out a switch or cane in his hand. He W,1•4 a very extra-,
.pitjiip:ry miquir, papicularly in his imitations of Charles
Jamey Fox, which be lave pcsasieriapy, at the little theatre
in the Haymarket. Air. elcfuunder painter! a ri4le-
length portrait of him, as large as life, in the above dress,
which wee exhibited in the left-hand corner of the ante.
room. at Somerset-house. There is also a whole-length
etching of him, of a quarto size. Mr. Edmund Kean, the
celebrated actor, owes his education to the above person,
who was his uncle, and, when I was a boy, lived at No, 9,
Little St, Martin's-lane,

POLICE INTELLIGENCE.

MARLBOROUGH-STREET.

On Saturday William Smith, Esq., of No. 15,
Euston-place, New-road, who is in custody upon a
charge of forcibly violating the person of a young
female, named Jane Byrne, one of the servants of his
establishment, was again brought before Sir G. FAR
RANT, the Magistrate, from the new prison, Cie' ken-
well, where lie has been confined since his deten-
tion. Several gentlemen, the personal friends of
Mr. Smith, attended this his final examination, and
Mr. Harmer appeared professionally on the part of
the prisoner.
Mr. Smith having been placed before the Magis-
trate, in the custody of Clements and Goddard, the
officers, Mr. Harmer addressed Sir G. Farrant, and
said, that he was at that moment prepared with evi•
dence to show that the two women, particularly the
prosecutrix, who had preferred this charge against
Mr. Smith, were utterly undeserving of any es•edit,
from the badness of their character, anti that the ac-
cusation Mr. Smith ought therefore to be
taken as altogether groundless. He (Mr. Harmer)
therefore trusted that, under such circumstances,
after hearing the evidence that he had ready to pro-
duce, the Magistrate would at least feel that this
was a case in which he should no longer hesitate to
accept bail for the appearance of Mr. Smith to meet
his accuses at the sessions.
Sir G.FARRANT said, that he did not consider it
to be any part of his duty, as a Magistrate to let in,
in the present stage of the case, any such evidence as
that which Mr. Harmer proposed to bring forward.
Mr. Harmer--13iit, Sir, my object in offering
such evidence to your consideration now, is, that
you may see the propriety, nay, the justice, of ad-
initting Mr. Smith to bail, rather than subject a
gentleman of his station in society unnecessarily to
the disgrace and inconvenience of being confined in
Newgate.
Sir G. FATP2Ar —To Newgate he shall cer-
tainly go, Mr. Harmer; I will not, I am determined
upon it, take upon nry§elf in this case to • accept of
bail. Ido not think that Lhave the power to do so.
Mr. Harmer—l submit,. Bir; that it is the duty of
a magistrate to let in evidence that may give him
grounds for doubt. That evidence 4 now offer to
you; I offer you the evidence of several gentlemen
who are now present, and who, to their great-credit,
come forward voluntarily to •prove that these two
females are of the most abandoned character, that
they were in the constant habit, in the absence of
Mr. Smith, of converting his house into a brothel,
arid receiving men there at all hours. I will pro.
duce to you a gentleman to whom the prosecutrix
offered her favours at Mr. Smith's house, at the
same time telling him that she was
,with.child at the
time by Mr. Smith, and this was several weeks ago,
although she now swears that she never had any in-
tercourse with the prisoner until Saturday week fast,
the day of the alleged offence. I will produce to
you a}so, Sir, the two ladies named Baxter, with
whom the prosecutrix swore that she lived up to
the very day that she went into I 11;. Smith's service,
arid who will tell you that this is utterly false, for
that they had seen or known nothing of Jane Byrne
for many months past until this case was brought
forward by her, and she then called upon the Misses
Baxter, and had the impudence, as they will tell
vou, to solicit them to tell a falsehood for her as to
this very point. These, Sir, said Mr. Harmer, are,
I think, strong grounds upon which to rest a doubt
in the case.
• Sir G. FA Run:lT—No person will be better
'pleased than I shall, if by such evidence (avid no
doubt it and ought to, have great weight) you
succeed ire fully_ establishing the innocence of Mr.
Smith, and the profligacy of these women, who,
if they have got' up this infamous conspiracy, cannot
in the end escape the ptinishment they will so richly
deserve; but I again say; • Mr. Harmer that their
character is not to be investigated before me. If
they were now, for the hrst time even, finder exami-
nation, I could not, and would not, suffer you to
cross-examine them, for this is not the place for do-
ing so. I urn therefore determined not to hear the
evidence you offer. The parties are already bound
over to prosecute, and the case must go before a
Jury. On. my shoulders shall not rest the respon-
sibility of accepting bail. You can, as I before ob-
served at the former examination, go before a Judge
and offer bail there:

Mr. Harmer—That we mean undoubtedly to do,
Sir, if you persist in your refusal to accept bail; as
for responsiblity, there can be none in the matter.
Name any amount of bail you please, no sum shall
be deemed excessive, but instantly given ; there can,
therefore be no risk; and I confidently submit, that
if under ail the circumstances bail shall be refused,
Mr. Peel's new act, empowering Magistrates to ac-
cept bail in cases of felony, where any doubt may
arise, had better at once been expunged from the
statute-book as an useless incumbrance.

Sir G. FARRA NT -1 do not think that the con-
struction of Mr. Peel's Act* is at all interfered with
in this case; the evidence of the prosecutrix and the
other witness for the prosecution is given before
me in a manner which leaves me no doubt that what

they swear is true, and without this doubt Mr Peel s
Act does not give me power to admit to bail; but
why not go at once before a Judge and tender bail ?
Mr. Harmer—That cannot be doHe in a moment;
affidavits must be prepared and a habeas issued, and
before that can be done, the very tiling that we are
desirous of avoiding above all others %vitt have taken
place. Mr. Smith will be lodged in Newgate under
your committal.

Sir GEORGE FARRANT Said he• could not help
that : he felt it his duty to commit, and commit he
would.

Mr. Harmer—! understood that the prosecutrix
had the audacity to swear that she 'Fever had any
connexion with any man in her life before the alleg-
ed assault upon her by Mr. Smith; the utter false-
hood of this I am this instant prepared to prove.
Sir O. FARRANT —She never swore any such
thing before me, nor was the question ever putt to
her ; indeed, I know of no right there was to ask her
such a question, because, supposing that she was a
common prostitute walking the streets, and that in
passing Mr. Smith's house, he asked her in to take
a glass of wine, and that he there had connexion
with her by force and against her will, you knew,
Mr. Harmer, that he would have been as much
guilty of a rape, as if he had violated the most chaste
woman, in the kingdom.
Mr. Harmer—.-! am quite aware of that, Sir, but
I am now speaking of the credibility of the woman's
testimony, when she swears • that she never was a
prostitute ; and I am prepared to prove the fact of
her having been one,

Sir 0. FARRANT said, that the ease was now dis-
posed of, and he must commit Mr. Smith.
Mr. Smith entreated it as a special favour of the
magistrate to allow him to return to the same prison
that he had just come from, and where hp had -been
treated with much civility and kindness.

Sir G. FARRANT said he did rollt see how he could
do this; the only way in which it could be done
would be by again remanding Mr. Smith, and that
would mar the very object that Mr. Harmer had in
view in applying to a Judge, until the prisoner was
finally committed by the Magistrate, and that final
commitment, in a case like this, must be to Newgate.
Mr: Harmer said, that as the application to a
Judge could not possibly be made that day, and the
next day would be Sunday, perhaps the Magistrate
would grant the indulgence of nominally remanding,
Mr. Smith until Tuesday; and that day make out his
Commitment, while in the meantime he (Mr. Har-
mer) would prepare all the affidavits, and have the
habeas issued by the time the commitment would
he made out.

Sir G. FARRANT said, that he bad no objection
whatever to this arrangement; it was far fegm his
es iIT to subject Mr, Smith nnneeessarijy to aay
inconvenienpe, and he should therefore remand him
until Tuesday, as desired, but it would not be neees,
sary to bring Mr. Smith any more to this office, as
on Tuesday he should stand Committed from Clerk-.
enwell prison to Newgate.
Mr. Smith thanked the magiittate fur this indul-

lit---

gene and was then removed in custody Will
prison in a coach, as he came from thence.
Immediately before retiring from the efficePAi
G. FARRANT asked Mr. Solidi if he ever reside.
Upper Clapton ?
'A

Smith, evidently surprised at the quell
replied in the affirmative.

Sir G. FARRANT—And you gave op your 1
deuce there, I believe ? Mr. Smith--I dias t'-'
George.
Mr. Harmer—Mr. Smith does not mean to dePj
that, like many other men, he has been guilty ofo
venal imprudences.
Mr. Harmer next observed to the magistrate, 11/
he saw in the Times newspaper of that mornis
remark respecting Mr. Plank, the chief officer of ..)
office, for his refusal to, accompany a gentlernstiii
friend of Mr. Smith, who was desirous of poiP,
out to the officer the female (Jane Byrne) wall
the streets, as a prostitute, the night before, aste
(Mr. Harmer) now wished to know from Mr. P-7,
~,
why it was that he had so refused. ,
Plank said that it was very true a gentleman. `P'
call upon him the night before, and wished 12._„i!"
go anti see the female in question, then walkivra
the Regent's-quadrant, but he (Plank) die')
doing so, because he thought it much more be,
ing the friends of Mr. Smith to observe and 4
j
the girl themselves, than be (Plank) should w!5
take such a duty, to the neglect of the immau.s
business of his office ; he did not feel at tbe.;:tii
that it was any part of his duty to mix hintse
in the case at all, particularly in such a manner,
,!
he was still of the same feeling and opinion.
el
Sir G. FARRANT said that Plank was pert
right in his refusal to embark in such a busiej..),
with which be had nothing to do, and that sli.Ti
proceeding would have been quite beyond the.ll,
of his duty. It was the business of Mr. Sov"::
own friends, and of nobody else.
Mr. DYER and Mr. &Ul' R, a county Magistfo
said they entirely concurred in opinion with Sir 0
Ferrara, and that Plank would not have been OA
justified, or indeed any of the officits, in meddlial:
the case in such a way.
Mr. Harmer said, that be wished it to be ehAgli,
understood that he did not bring forward this.o.l
ter as a coMplaint against Mr. Plank, than. whosill
believed a more respectable, intelligent, andWil
conducted officer never belonged to the police;-li
as the subject hid beets observed upon—and he'];
1
sure with no bad feeling—in the Times, be .54
anxious to hear from Mr. Plank what did,reallYsl
place, and.how he explained it; and having 0,
that explanation, he was quite satisfied.
The two females, Jane Byrne and Elizabeth 12
buck, the. prosecutrix and witness against 1
Smith, were in attendance, but riot present •de
the examination. After it was. all over, howel
Sir G. FARRANT' closely questioned them as I°.!-'
points which Mr. Milner had offered to' proY)
evidence, when they"' entirely denied, in the „I
positive manner, every thing that ssas attributed
them except that, when the Magistrate asked PA
Byrne irshe had not called on the Misses BW4
with a view to bias their testimony, she hung de',
her head, and made no answer.
. The words of Mr. Peel's Act are,—tliat_the. in
stratas may, after hearing all the evidence, if 09
doubt shall arise in theinnitid, bold the prisoner itt -,11
gent sureties for his appetirance; instead of enintnit,7
'Uri to pthou.-
iCr.,,
:',4lt

CREAP
BOOKS.-Mr. Editors.:—.-The aut.
of those booksellers who have at length ppeeed.thvii:eii4)'
to the absurdity of quartos and of dear beoks gen
ought to be made known ; for though it telnoseiirik,io
they are thinking of their own purses, it is' -Ma' rte le'
certain that the result is calculated to do more good itli;
public than any one circumstance that could have 00°,;:il.;
at this time. I was present the other Jay at a booko7o
sale-dinner—at the Albion, Alderegate-street, one oflif
best dining-places in the world—where Murray 0-I' it
half an hour exactly 1,900 copied of Byron's Poeragio
four small volumes, price eighteen shillings, esquisit
beautiful as specimens of typography, as legible as
octavo that ever Dlvison put out of his hands, aed adoo
with steel engravings of the utmost elegance, by Fin?
after Weatall. Then came Franklin's Voyages, in 1i I
volumes also, and, behold 6000 of them were sold.
twinkling ! These are signs of the times not lobe
garded. Nor is it Viosiderful that the great Alberni_tj
street publisher should have determined ere new to r-e
this matter to some decided result and purpose. gill
nouneed, three -or four years ago, " A National Lily'
which was considered at the time as a mere imititilt
Constable's Miscellany but it now appears that the
meditated Library is to as nit a more regular siukfc4
bracing three distinct series—history, biography, said rig
tical science. The publication ie to-notermettoe
year 1899 ' • and I understand that several voluml.; ►
now printed and readY,--so that there is.no -cheneei
halt after the march is once begun. Murray hat 4.5,11
all his literary friends in this undertaking; earl; cob
its opening as a new and grand epoch in his oareek•
tie„
sbewed various specimens at the sale above- meatiosi,
as, for example, a volume of the Life of Buonapartekik
complete in 2 vols.), printed exquisitely, and embellte
with a tirst.rate engraving on steel of David's forecess.fie
ture 'of the Passage of the Mount St. Beroard; andiNitf
wood-cuts wood-cu of battles, which one might have
,iiff
for steel-cuts also, so admirably has Thomson done .11P._,
to the spirited and noble designs of the painter-eeiL.t
you will hear with wonder-, is go other then Crts'
Cruikiliank. That glorious caricaturist turns 0031
have had all the eleineuts of a loftier genius peg°, al
now and then begins a new career, in which one mai te"-0
promise him higher fame, as well us profit, thau he eijt
could have achieved in adhering to the ludicrorie and
grotesque of satire. Murray's Library, or Museur,
Miscellany (or whatever name he'rnay give it) if wrts
as be promises, by none but authors of real eraineniit
bellished by such artists as Cruickshank and Thomsoiip:g
sold, as it is announced, at some three or four shillibefi,
1e..., will uudoubtedly do more to knock up, dear
in a year, than any artifice that could have been d 0,;,;,
Southey's Lives of Wolfe and Marlborough are to he 81-
in the course of the first year—Sir Walter Scott 110.00
dertaken various hiographies---Milman is bard at
some bietory—Lockhartat Cervantes.,Sit Hunapbry. 0,0
at Popular Chemistry.--Pr. Brewster at Lives or
Aqz.upmmi—opig on a History of the English KO.
eol
in India—Washington Irving on the Life of OPI_ JiY
Washington—Mitchell, Williams, and other eminent,,l
sisal scholars, on Ancient Biography, Civil and BIPIR:
I beard other names ; but these are a tolerable list. 1!„i,
can be no doubt that this agreet engine of popular iool'ot
Lion, set on foot for the purpose of meeting the Sociellj
the diffusion of Useful Knowledge in a fair geld : ar,"
shall see whether the Tories and Churchmen are as
maintain the fight in the department of cheap books,?
other contests. Yours obediently,
Literary Gazette. DUODECIIIIV*A

BIRTHS.
On the 2d inst. the lady of Captain W. Childerft,
Royal laighlandoca, of a son.
On the Ath ins;. the Iddy or?. it. E. Veroni, CbaslPi
street, Portland-place, of a son.
On the 6th inst., in Upper Berkeley-street. the P"
Richard Butler Illienna, Esq., of a daughter.
At Mirtield, near Leeds, the lady of Henry de W`
Esq., of a daughter.

MARRIED.
On the 6th inst., by licence, at St. George's, 1100'tfir
square, by the Rey. Edward Rep ton, the Right 1101„1.
Speaker of the House of Commons, to Mrs. Home PO',
widow of the late .1. H. Puryes, Esq., or pp / yea, 13.11..0t,-
On the 4th inst., at Qtley, in yorliblice, ht
Colonel Sir W. 'Herrie,s, R.C.H., brother of the P4.,r
Hun. folin Charles Herries, to Mary Francis, third tialir,v
of Joshua Crompton, Esq., of Esholt-hall, in that coul),:it is
At St. Antholin's Church, Watling-street, Mr. Atill ~11-the
Turk Fortier, of Walbrook, to Miss Sarah Ridpatb, t):
City of Edinburgh, and of Trinity-square, Seuthwar A.,
At Beckington, Somerset, the Rey. C. Pickwick, ", tor
to Harriett, only daughter of the Rev. H. Sainsbury,re:
of Beckington.

DIED. "the
On the Sd inst., at Penzance, of a rapid decline, e„t
424 year of his age, William Gore.Lantor4.Eo,l*o t.
son nt4 Colonel Gore Langton, of Newton-park, SoinerjeArip
On the 4th inst., at his brother's, Westyfiriflif#
Mr. J.kseph 4lesianiley, of 00.fen4y, °
Bromley, Kent, in the'6oth year of his age. Marl
On the 6th ;nit, at liar house Alabledon-placc
aA
WirchAeld, sister a t,4 late. Maurice Borahey, LL.D.!
relict of John Morgan, of Pengo-place, Esq. Les;
On the Oth inst., at Beckenham, Kent,
Esq., in the Sid year of Lia age.

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PR IN MD and PO ULLSRE.II by ISIURDO YOUNG, s'
VN 01:F“'E) 11R, 344 AND, Late 9i.

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