The Sun.
London, England, 1845-12-13 00:00:00

THE SUN, _LONDON, SATURDAY MORN]

French tribunal having pronounced sentence under it.
They might constitute themselves a court of error in
point of law, and a court of appeal in respect to all sen-
tences pronounced against British subjects ; but, what-
ever they knew of the French Revolution, they would not
be justified is giving an opinion in any case without
direct proof of the whole particulars as well as the na-
ture of the inquisition entered into. It appeared that
the Baron de Bode had taken refuge in the Austrian
army at the time it was actually invading the soil of
France. No statement whatever appeared on the inqui-
sition that his claim had even been admitted, or any
amount ascertained ; but the contrary in both respects.
The Act of George 111., which was founded on the
treaty of 1818, had for its object the providing for those
claimants to whom the indulgence had been guaranteed.
These were such persons as had caused their names
to be duly registered within the period described
by the convention of 1818. The supplicant
alleged neither that his name or claim had been
registered until after the passing of the Act. The Court
could not see how it was possible to extract any claim,
legal or equitable, to the payment of any money, the
nature of which claim, or the amount of which had never
been clearly established. Until such an inquiry was
properly made, the Lords of the Treasury must have
had good reasons for refusing the indulgence (guaran-
teed under certain circumstances) to the supplicant. The '
Court was, therefore, left to draw those inferences which
he should have drawn for himself. Even if the main
facts were maintained, the question would remain as to
whether her Majesty should be said to have received
the money that the supplicant laid claim to. A rule for
a mandamus, to be directed to the Lords of the Treasury,
had been applied for before Mr. Justice Coleridge, who
discharged the rule on the ground that the Lords of the
Treasury were the servants of the Crown, acting for the
Crown, therefore there would be a great incongruity in
placing the Sovereign in the situation of issuing a writ
against the Sovereign. The Court thought it right to
express doubts upon some points of the case, but in re-
spect to this point, their Lordships had no doubt what-
ever. They were, therefore, of opinion that there was
no money received by the Sovereign, and further that it
had not been received to the use of the Sovereign.
The other business was not of public interest.

SHERIFFS' COURT, Dec. 11.
(Before Mr. Under-Sheriff BURCHELL and a Common
Jury.)
PROCLAMATIONS OF OUTLAWRY.

This being the County Court-day for Middlesex, Mr.
Kemp, the officer of the Sheriff, made proclamation in
the usual manner, and the following persona not answer-
ing to their names, were declared outlaws at the suit of
their respective creditors:—John Aden Smith, Henry
Hope Vernock, Augustus Pocock, Henry Lescombe,
John Mynde Cooke, at two separate suits; Robert Rout
ledge Craiz, the lion. W. H. Byng, Richard Everett
Walker, George Swaby, George Pitt Rose, and Sir
Henry Chudleigh Oxendon, Bart.
SEQUESTRATION OF A CLERGYMAN'S LIVING -SMITII

Sentence, to be severally transported for life.
Margaret Pattinson, aged 27. John Brown, aged 30,
and Mor Best, aged 28, were tried for having, on the
16th of October last, at Leeds, feloniously and violently
stolen a purse, two sovereigns, and some other articles,
from the person of Benjamin Wheater.
The prisoners were all convicted, and each sentenced
to transportation for life.

Jonathan Bennett, aged 25, a mechanic, charged with
manslaughter, in having killed Mary Knowles, at Shef-
field, on the 16th of August last, was found guilty of a
common assault. It was proved that the prisoner had
struck the deceased some blows, while in a state of in-
toxication; but it appeared probable that she had died of
apoplexy rather than from the act of the prisoner.
Sentence, to be imprisoned one week, the prisoner
having been in custody during three months before his
trial.

(Before Mr. Justice Enut.)
Joseph Broadben twu,s charged with an offence against
the bankrupt laws, in having on the 24th of October last,
at Leeds, feloniously refused and neglected to appear to
a summons of the Leeds District Court of Bankruptcy.
In the opening of the case by Mr. Hall, it was ad-
mitted that, although a notice to appear had been served
on the baukrupt, the manner of serving it was not in
strict compliance with the Act 5 and 6 Victoria, c. 122.
His LORDSHIP said he had considered that point
upon a previous occasion, and deemed such compliance
essential to support a criminal proceeding of the present
kind. Without it the prosecution must fail, according
to the view he took of the statute.

The prisoner was therefore Acquitted by direction of
the Court.

Joseph Hutchinson, 31, was indicted for having, on the
9th of August, at Sheffield, feloniously stabbed, cut, and
wounded Ebenezer Hutchinson with intent to do hira
grievous bodily harm.
Mr. Overend and Mr. Phillips conducted the prosecu-
tion. The prisoner was undefended.
It appeared from the evidence of Ebenezer Hutchin-
son. who is the prisoner's own brother, that both of them
had been working together in a colliery at Attereliff.
They had frequently had quarrels : and the prosecutor
had heard that the prisoner had been telling tales against
him to the manager of the colliery, in order to cause
him to be discharged from his employ. On the day in
question they were in a public•house together, and after
leaving it the prosecutor saw the prisoner in the street,
talking with two other persons. He approached him.
and said, " Well, Joe, what halt got by thy tale-telling?"
The prisoner replied, " I'll tell thee." He (the pri-
soner) lifted his fists at the same moment, and squared,
as if to fight. The witness immediately knocked him
down. Shortly after they again met in the street, when
the prisoner came up to the witness, who immediately
felt himself stabbed by his brother. He " let his bowels
out." The wounded man then went to Mr. Shaw, the
surgeon, "carrying," as he expressed it, "his bowels
in his hand."

Mr. Clayton, the assistant of the medical man, proved
that th prisoner afterwards, in speaking of the wound
inflicted, said that he hoped his brother might die.
Mr. Justice ERLE, in sentencing the prisoner, observed
to him, that whenever recourse was had to deadly wea-
pons in this manner, an example would certainly be
made in the Courts trying persons for such offences.
This was a remarkably aggravated offence, and the sen-
tence, therefore, was, that the prisoner should be trans-
ported for the term of fifteen years.
Liverpool, Dec. 10.
Their Lordships were engned during the greater
part of the day in the trial of a class of cases the parti-
culars of which are unfit for publication. Nothing of
pubic interest occurred in either Court.

POLICE INTELLIGENCE.
GUILDHALL.
George John Ford, a printer, was brought befor.)
Alderman Hunter, charged with arson.
Baker, the ward beadle of Cripplegate, stated, that on
Wednesday the Coroner of London called an inquest to
inquire into the cause of a fire which had recently oc-
curred in Braim's-buildings, Beech-street, Barbican, by
which two houses were burnt; and the prisoner was
given into his custody by the coroner, with directions to
bring him before the magistrate. The jury had found
a verdict that the prisoner had wilfully set fire to the
premises.

Mr. Alderman HUNTER asked if any one appeared to
prosecute him for the offence?
Baker said the witnesses were in attendance, and there
was a gentleman on behalf of the Imperial Fire-office.
The gentleman referred to rose, and said he attended
to watch the case, but ne had not received any instruc-
tions to prosecute.
Mr. Alderman HUNTER asked the beadle if he had any
witnesses who had not been examined before the co-
roner ? Baker answered that he had not.
Mr. Alderman HUNTER said the case appeared to
have been sent before him by the courtesy of the Co-
roner of London, but as a warrant of commitment would
be issued by the coroner, and the witnesses had been
boned over to appear at the Central Criminal Court, it
was needless for the magistrate to travel over the same
ground. His abstaining from doing so involved no
failure of justice, and he should allow the prisoner to
st4nd committed on the coroner's warrant.
The Coroner of London shortly afterwards reached
the office, and said he had heard from the beadle the
result of the proceedings, but he wished to explain to
the Magistrate the reason he had sent the case before
him. The prisoner had caused two houses to be burnt,
one of them being his own house. The burning of this
was a felony by the statute, but not by the common
law, and therefore he, as coroner, could take no cogni-
sance of that offence, and sent the matter before the
Magistrate for inquiry. At the same time he must be
permitted to express his surprise that the solicitor for
the Imperial Fire-office had stated that he had no evi-
dence to offer, no instructions to prosecute. He expected
the fire-office would be the first to support a prosecution
and take care the ends of justice were secured, and he
was surprised to find the solicitor was not prepared to
say what course he would take. He had committed the
prisoner only for burning the house next to his own,
which was an offence by the common law us well as the
statute law.

The solicitor to the fire-office said they were not in-
different to the matter, but had not determined what
course they should take. He thought the remarks of the
coroner were uncalled for, as the Queen was the prose

cutor.
The Coroner asked him if he shut his eyes to what was
passing daily round him ? Did he not see public bodies,
and even individuals, prosecuting charges in police-
courts, by the aid of counsel, to take care that the ends
of justice should be attained ?
Mr. Alderman HUNTER asked if the witnesses were
still in attendance ? The beadle said they were net.
There was only one remaining, who would depose to a
conversation he had with the prisoner.
The ALDERMAN said he had heard enough to justify
him in detaining the prisoner :for further examination;
and he therefore remanded him.
CLERKEN WELL.
James North, late a private in the 2d Regiment of
Foot, was placed in the felon's dock, charged with bur-
, glariously entering the house of Messrs. Walker, sur-
geons, 57 and 58, St. John-street, Clerkenwell, and
stealing therefrom a gold watch, brooch, and other
articles ; also, on suspicion of being concerned in bur-
glaries at the houses of Messrs. Darlow, Baldwin, and
Neale, 61, 62, and 63, in the same street.
The prisoner was undefended.
It appeared from the evidence that, on the night of the
22d of November last, a series of burglaries of a most
daring description were committed at the above-men-

men rifled his breeches pocket of the purse and its con-
tents, and then left him. On endeavouring to rise he
found s bludgeon, or a thick stick, of about two
feet and a half long, tying across his breast. This stick
he kept, and gave to a person living near by. It was a
round knotty slick, apparently a bit of a sapling, and
from its having a broken nail in it, was described by
Ward as having formed part of a paling-fence. Several
other witnesses were called to show that the men at the
bar were seen on the road near the plane of the robbery,
both shortly before and shortly after it was committed.
A woman going out to milk some cows noticed them pass
near the spot at about five and some neighbours of the
prosecutor, who followed him on the road from Whitby
soon after he left, identified the prisoners as two men
whom they had met walking at a quick pace towards
the town, at about half-past eight. A police-officer of
Whitby said that he had met the prisoners at a late hour
on the night preceding. They stated to him that they
were destitute, and without a lodging. He procured a
lodging for them for that night in a house in the town,
and there, it appeared, they had no means of paying for
either breakfast or dinner, as they left the house in the
morning, and took no meal there during the day. But
on the following evening (that of the robbery) they re-
appeared at their lodging-house, and they then brought
with them some bread and cheese ; and Blades, on being
asked if they wanted any tobacco, said they had plenty.
A woman at the house asked them if they had " done
anything," and Kirk said, " Yes, they had got as much
money as would pay for their lodging," and for that
they paid 6d. Mr. Wilkinson, the constable of Whitby,
stated that, on being called on to apprehend the pri-
soners, he had asked them how they had obtained the
bread, some of which he found along with them. They
said they had begged it in the town, but could not say
where. The wife of a joiner, in Whitby, proved that, at
near nine on the evening of the robbery, Kirk came into
a shop kept by her, and there purchased about 21b. of
bread, for 4d. He asked for some cheese, but they had
none for him. He was then alone, and he produced is.
in silver, receiving Bd. in copper for the change. The
piece of bread found by the constable was not now pro-
duced, but another piece was produced in Court, to show
the description of the bread found. The constable said it
corresponded exactly with that sold at the shop, being
of a similar shape, and what is termed "sad" (heavy)
bread. The woman from the shop deposed that
such was the kind of bread sold to Kirk. It ap-
peared from the evidence of a grocer, from another
shop at the next door, that Blades purchased
half a pound of cheese and half an ounce of to-
bacco at about the same time ; and he also appeared to
come alone. He paid fourpence for the two articles. A
medical gentleman, who had been to see the old man
professionally, immediately after he was robbed, said
that when he found him at his house he seemed half
stupified—" maned." His face was covered with blood.
There was a severe wound on his right temple, and a
severe bruise behind the left ear, and his face was
scratched, as if from falling with it upon the ground.
Upon these facts, after the Learned Judge had taken a
full review of them in his summing up, the jury almost
immediately pronounced a verdict of Guilty as to both
the prisoners.
In passing sentence, the Learned JUDGE addressed the
men at the bar in terms of strung condemnation of their
crime. His Lordship reminded them that that crime
would but a short time ago have had to be expiated
upon the gallows, and told them that if the prosecu-
tor's life had been taken away by their violence they
would certainly have forfeited their own lives as his
murderers.

Honed houses, but since then the police have been unable
to discover the perpetrators. Nothing could be more
adroit than the meaner of their execution, and one
would be led to think from the circumstances con-
nected with them, that the burglars were more desirous
of showing their skill than of acquiring gain, for in
Mr. Walker's they took a watch from the very bedroom
in which he slept, leaving untouched another gold watch
which stood upon the table. From the same room they
took a bunch of keys, not minding about 100/. in gold
and notes which were within their reach. From another
of the houses they carried off 10/. in cash, and never
meddled with a drawer full of plate which lay open be-
fore them. They forced their way into the lower part
of Mr. Walker's house, and entered the others by the
windows. They escaped with their booty undetected.
The prisoner lives in Bridgewater-gardens, Chiswell.
street, a:id although, without a pension, and destitute of
any means of obtaining a livelihood, has a very comfort.
able home. When arrested by inspectors Lernan and
Tate, of the G division, he had two knives and five
counterfeit crown pieces on his person. He was ar-
rested in consequence of information given by a man
named Tapp, to whum the prisoner said that on the night
of the robbery he was going home along St. John-street,
when he saw a ladder against one of the windows. He
further said that the stolen watch was offered for sale for
the sum of 51.. and mentioned other incidents connected
with the burglary. When apprehended, he stated
that a man, named " Civil Jack," was on the watch
outside Mr. Walker's, whilst the others were wi ,rking.
" Civil Jack" has since been discovered, and denies
all knowledge of the matter. He is quite a poor
fellow, of good character, and no suspicion attaches to
him, further than the ♦ery questionable declaration of
the prisoner.
It should be stated that at the prisoner's house were
found fifty duplicates fur gold rings and other articles of
value.
The prisoner denied any participation in the burglary,
and said he found the base coin in the street.
He was remanded.