The Sun.
London, England, 1845-01-24 00:00:00

SPIRIT of the PUBLIC JOURNALS.

CHARGE OF CONSPIRACY AND

LAW INTELLIGENCE.
VICE-CHANCELLOR'S COURT, Jan. 23.
(Before Sir J. K. BRUCE.)
WALKER V. HILL.

FR UM THE EVENING PAPERS OF YESTERDAY.
GLOW.—Excessive expansiveness (though no
one would have supposed so) is the complexional
foible of Lord Aberdeen. "Le garcon epicier," says
the French comic novelist, " est eminemment seducteur,
quoique cela ne paraisse pas." Lord Aberdeen is not
less eminently communicative, though he seems not
quite equally seductive, if we may judge by the
final issues of his expansive communications. His
Grace of Newcastle, a good many years ago, said
he was not accustomed to " dilate with his pen." It
would be just as well if our present Foreign Secre-
tary would try to get out of the habit of " dilating "
with tongue or pen, at least on occasions when every
word exposes a weaker and more extended front to an
enemy. The word too much appears invariably the
point he has most happiness in hitting. This some-
times happens to people who are by no means led into
it by excessive warmth of sympathies. On the contrary,
caring about as much for one party addressing them as
another, they do not feel the distinctions of demea-
nour required by their tempers or positions. We
have thus Lord Aberdeen expanding to Mr.
Everett on the desirableness of abolishing slaver
in America ; and now we have him expanding to
Lord Ranelagh on the questions which have most
divided European opinion in late years. But the
word too much occurs most emphatically at the
close of this curious correspondence. Lord Aberdeen
gets out of temper at Lord Ranelagh's intention of
publishing it ; though what on earth an amateur
diplomatist ever does want but to possess the world
with the importance of his opinions and of his over-
tures—or why on earth Lord Aberdeen took pains to
" dilate with the pen " at such a rate, if he did not
mean to furnish materials for publicity—are questions
his Lordship might have asked himself at the outset.
Lord Aberdeen, however, gets out of temper, and this
is the way he shows it :
" I should naturally feel much disposed to object to
the publication of letters which, by me at least, had
never benn written with any such view or expectation ;
but as my request might be liable to misconstruction,
and as I conjecture that the suppression of the corre-
spondence would be more painful to 3 our Lordship than
its publication would be disagreeable to me. I leave you
o do as you think proper. Should your Lordship finally
decide on giving this correspondence to the public,
have only to express a hope that a part of it may be sup-
pressed."
Oh that our enemies would write us such letters !
here is a nobleman of mature years—of qualities (it is
presumable) such as to fit him for precisely the post in
her Majesty's Government which requires the most in-
tuitive tact and habit of keeping in view—when he
writes or speaks—all probable consequences—and who
yet shows evident irritation at so simple a fact as that
an amateur Carlist crusader, whom he favours with long
letters (when short snubbing ones would have served
every purpose), should set his heart upon printing
them, and " shame the fools" who undervalued the
momentousness of his mission as Minister Plenipoten-
tiary from Don Carlos to the Court of Great Britain !
Well, Lord Aberdeen gets angry. But surely he
might have kept more wit in his anger than to hazard
the "hope" that "no part" of his correspondence
would be " suppressed" by a gentleman in publishing
it ! Why, if such an unsupposable case should happen,
he had his remedy in his own hands. Or are we to
understand, as the climax to all this mature states-
man's unsuspiciousness, that he keeps no copies of
letters addressed on such subjects to such parties ?
The following is the Parthian shot of Lord Rane-
lagh. We cannot recover from our astonishment that
even our expansive Foreign Secretary should not
have been "far north" enough to forbear dilating
with the pen on a point so obviously open to such an
answer :

FRAUD.

At Queen-square Police on Wednesday, Harman
Milton, a well-dressed man, of dark sallow com-
plexion, about thirty-five years of age, was brought
up for re-examination, charged with obtaining 301.
under false pretences.
The following is a brief outline of the circumstances
which are of a very complicated character :—On the
20th of December Mr. John Kinkeade, a retired
wealthy tradesman, residing at 20, Rue Royal, Calais,
met William Milton (the brother of the prisoner)
and a person who represented himself to be Sir Ed-
ward Barry, at the Hotel de Commerce, when, in the
course of conversation, Milton stated that Sir Edward's
brougham and six horses were coming over from
England to go to his establishment at Brussels. On
the three following days he met the parties on the
pier, when they pretended that they were anxiously
waiting for the arrival of the carriage and
horses. Sir Edward expressed great dissatisfaction
at the conduct of his servant at Dover, and
it was proposed that Milton should go over,
ascertain the cause of the delay, and bring back the
horses and carriage with him. It was then inti-
mated to Mr. Kinkeade that Sir Edward expected re-
mittances in the course of a few days, but was un-
fortunately at the moment without cash, and Mr.
Kinkeade lent Sir Edward 1/. to pay Milton's ex-
penses, and 41. to discharge the bill at the hotel
where he had been staying. Milton went to Dover,
and after three days returned with two horses, and
said he expected the rest by the next boat. In a day
or two afterwards Mr. Kinkeade lent 11/. more, and
Milton again came to England. Various excuses
were then sent by him to account for the remainder
of the horses not being shipped as had been directed.
One day the delay was answered by the fog—the
next day the black horse was sick, and had been bled,
and lastly, Milton's brother had a fever, or the small-
pox, and he had to go to him in London. In the
meantime Sir Edward, as he styled himself, bor-
rowed several sums of money, amounting in all to
401., and, it having been arranged that they should
go to England, the two horses were removed to
Meurice's stables, as security for the money Mr.
Kinkeade had advanced. After going to se-
veral places in quest of Milton they proceeded to
Sittingbourne, where the prisoner was introduced as
Milton's brother. On the following day they went to
Chatham, where some horses and a gig were shown
as Sir Edward's, and Mr. Kinkeade having lent other
moneys, an agreement was drawn up by which it ap-
peared that Mr. Kinkeade was to have possession of
the horses as security for the money he had advanced,
and that Sir Edward gave him a promissory note for
100/., but that the latter was to be considered as col-
lateral security only. Sir Edward was to take the gig
and horse, and Milton the two horses, to Worthing-
ton's, at Dover, and it was arranged that Mr. Kin-
keade and prisoner were to proceed to London for a
brougham and three other horses of Sir Edward's.
They went to the Black Horse, in Coventry-street,
where prosecutor gave the prisoner a sovereign, and
on the next morning they repaired to the stables in
Caroline-street, Coleshill-street, Pimlico, where pri-
soner showed Mr. Kinkeade three valuable horses,
which he represented to be Sir Edward Barry's,
and also a brougham. They went to a house opposite,
where prisoner introduced prosecutor to a lady whom
he described as his sister, and invited him to
take a glass of wine. Prisoner then asked the prose-
cutor for 301., which he refused to give until the
horses were sent to the railway station. Prisoner
then said, " I may as well be candid with you ; I
can't remove them until the rent is paid," at the same j
time pointing out of the window to a man, and ob-
serving, " There is the keeper." Prisoner asked pro-
secutor what he was afraid of, as Sir Edward was a
gentleman of fine property—when prosecutor gave '
him two 101. notes, and asked him if that would do. ,
Prisoner then, taking a gold watch from his pocket,
said he could pledge it, upon which prosecutor ob-
served that he need not do that ; and in order to pay
him the W., to make up the 30/., got change of a 1001.
note at the Bank, and gave him the amount re-
quired. Prisoner asked prosecutor whether he should
see him on the following morning, as the horses
would go at a very early hour; and it was ar-
ranged that they should meet on the following
morning, at the Black Horse, which they did, w hen
prisoner said he was waiting for some other horses,
and they could all be taken together. Prosecutor
said that he had made an appointment with Sir Ed-
ward at Dover, and he should go there at once, and
prisoner might send the horses and carriages after
him. Prosecutor left town, but did not find the
horses at Worthington's, nor Sir Edward, of whom
he went in quest to Calais, and found that the horses
had been taken away from Meurice's. Mr. Kin-
keade then went to Boulogne, and found that Sir
Edward had gone with the horses to Folkestone,
whither he followed in a fishing-boat, after being
driven into Dover. He found one horse at the
Pavilion. He then went to Canterbury, where a
person named Beaumont said, that two of the
horses belonged to him. Prosecutor was subse-
quently taken to Sir Edward, at a low public-
house, where Sir Edward said he had his bill,
and that it would be paid. Some of the
above circumstances were proved against the prisoner,
to justify his detention, but we have found it neces-
sary to travel out of the evidence in:order to render the
account at all intelligible to the reader. It was
further shown that the distress in the stables in
Caroline-street amounted to 71. only.
On the prisoner being placed in the felon's dock,
Mr. Steele, who attended for the prosecution, stated
that a true bill having been found on Tuesday in the
Court of Queen's Bench, by the grand jury for Mid-
dlesex, against the parties for conspiracy and fraud,
on which a judge's warrant had been obtained, he
would not trouble the Magistrate by offering any
further evidence.

Mr. JAMES RUSSELL (with whom was Mr. Daniel)
applied to the Court, on behalf of the plaintiff, for an in-
junction to restrain the defendant from making, manu-
facturing, selling, or disposing of, or causing to be manu-
factured, sold, &c., a certain description of axle-shaft,
for which a patent had been obtained by a Mr. Hardy,
and which the plaintiff now used.
The object of the motion was to prevent the defendant,
who, as well as the plaintiff, is resident at Birmingham,
from infringing the plaintiff's patent.
Mr. Wigram appeared for the defendant.
His HONOUR granted the injunction, without prejudice
to any motion that either party may deem fit hereafter
to make.

My Lord—ln acknowledging the receipt of your
letter of yesterday, I must beg your Lordship to excuse
me from following the example which you have set me,
by infusing into this correspondence any portion of per-
sonal feeling.
" I shall merely observe, that, until I bad read your
Lordship's letter now before me, it never had en-
tered into my mind that any gentleman would entertain
for a moment the notion of garbling a correspondence
which he felt it to be his duty to give to the public."

Prisoner waa then discharged by the Magistrate,
and immediately apprehended on the judge's warrant
by Panting, an officer of the Court, in order to be
taken before one of the judges.

COLLISION WITH AN OMNIBUS.—On Wednesday
afternoon, as an omnibus was coming down the Surrey
side of Westminster-bridge, a person was observed
driving at a furious rate, and evidently intending to
make a passage between the omnibus and footpath—an
intention which immediately became obvious to a young
lady could not be effected without great danger, and she
exclaimed, " Stop ! for God's sake, stop !" but without
inducing him to pay any attention ; and in another
moment he had forced his way, and the wheel of the
phaeton going over a stone, he was precipitated on to the
ground. Most providentially a man who was passing
seized hold of the reins and stopped the horse, while the
young lady threw herself into the carriage-road and
dragged the unfortunate sufferer from the ground. By
this time a crowd of persons had assembled, and the
gentleman was lifted into the phaeton, though suffering
so severely from his fall as to require assistance in pur-
suing his journey. The conductor of the omnibus (to
whom no blame whatever can be attached) was most
active in rendering assistance. It is to be hoped that
the narrow escape of this gentleman from a dreadful
death will be a warning to others against driving with
such reckless disregard of their own safety or that of
others.

OUR ALLEGIANCE.—A good deal of conversation
has arisen on the:subject of our removal within the City,
and it is asked in several quarters whether we shall pay
our allegiance to Gibbs. We beg to say, once for all,
that we respect the City sovereignty, and to him who is,
de facto, the Cockney King, we are prepared to render
the homage that is due to him. We feel that we owe
Gibbs something,, and we trust we know how to pay him
off.—Puxch.

ROCHESTER, JAN. 20.—THE CASE OP SHOOTING
AT CHALK.—The county magistrate's were engaged for
some time this day in taking the depositions of the
several witnesses in the case of the boy White, who was
shot on Christmas-day in a field at Chalk, and for which
offence George Blake, aged 12, and Charles Rand, aged
14, have been held in custody. From the evidence of
Dr. Brown, who attends the boy White, it appears that
there were twenty-three wounds in the head, besides
others in the neck, arm, and aide. He still considered
his patient in a very doubtful state. From the evidence
of the witnesses, it appears that there was a quarrel be-
tween the parties respecting rabbit-shooting; that White
kicked Blake in the groin, on which the latter said,
D—n your eyes, I'll shoot you." Rand first took the
gun and pointed it at White, but immediately said, " I
shan't shoot him ; you shoot him." Blake then took the
gun and pointed it at White, who ran away, when Blake
instantly fired, hitting him as above described. The
prisoners wept bitterly during the examination, and were
fully committed to take their trial at the next assizes at
Maidstone.

SUDDEN DEATH OF AN ECCENTRIC LADY.—On
Tuesday night Mr. Higgs held an inquest at the Talbot
Tavern, Little Chester-street, Grosvenor-place, as to the
death of Mrs. Lydia Doran, aged sixty-seven, a lady of
some property, but of very penurious habits. Mr. Short,
of 21, Grosvenor-place, surgeon, stated that he had at-
tended the deceased for twelve years for bronchitis. On
the 16th inst. he saw her for the last time. She was then
v..erse, and having given directions what was to be done,
he sent her some medicine, but the next morning heard
she was dead. lie had no doubt she died from exha,us -
tion, to some extent caused by her penurious habits, for
she would refuse herself those necessaries her state re-
quired, lest her property should be exhausted and she
should come to want. She had often dismissed him for
a time, as she said it was so expensive, and she hoped to
get better. Mr. Pragnell stated that she was found dead
in her bed, and the medicine had not been touched. She
had sufficient to live on. Verdict—" Died by the visita-
tion of Ged."
SALE OF A VALUABLE CHURCH LIVING:on Tues-
day, the perpetual advowson, with the next presentation
to the living of Trimley, St. Martin, in the county o
Suffolk, was disposed of, by public competition, at the
Auction Mart. The large and small tithes had been
commuted at the sum of 5001. per annum. The out•
goings amounted to about 451. a-year, but were compen-
sated by the glebe, consisting of twenty-one acres. The
population, wholly agricultural, consists of about 500
persons, and the parish comprised above 1,200 acres ;
while the incumbent is in his 86th year. The auctioneer
stated the value of it to be 7,000/, The first sum offered
was 4,000/., and it was knocked down, after a spirited
competition, for 5,950/.

THE SIJN, LONDON, FRIDAY MORNING, JANUARY 184,5,

common law of England. An attempt had been made
by his Learned Friend (Mr. Martin) to put the matter
on some general or universal law of nations, contending
that in all civilised countries such a right must exist.
How could any such right exist, when the law varied
in different countries, and when copyright was given for
such different terms ? The argument, however, had
been principally rested on the common-law right. It
was yet an open question whether any right existed, even
in the case of an English subject, independent of the
statute law ; and that question must be decided before
such a right could be claimed for foreigners. When
Ireland and Scotland were foreign countries, it was a
common matter of complaint that English books,
soon after they appeared in this country, were
republished ; and in the case of Ireland there
was a scramble amongst the Irish booksellers to see who
should first establish a kind of right to the publication
in that country. Why was it, if the arguments on the
other side were sound, that the English authors did not
seek redress in the Irish courts? A similar illustration
was to be found in the case of Mr. Dickens,
whose works were republished in America, but who had
never sought redress against the American booksellers.
With regard to the assignment pleaded in this case, how
could that alter in the least the original character of the
work ; or how could the assignor acquire any right
which did not belong to the assignee? Why was the
assignee to be placed in a better position than the author,
or to possess any additional right ? He thought
their Lordships would pause before they recognised
the common-law right in an Englishman ; but
even if it were determined that this right existed, and
that it could pass from one English subject to another
without deed, the plaintiff would still have to show,
either by statute or common-law right, that a property was
recognised in a French publication. It appeared to him
that there was no such right, and that he was entitled,
therefore, to have the verdict entered for the defendant.
Mr. MARTIN said, the point put by his Learned Friend
had been submitted to the Courts of France in the case
of an Italian work republished in that country, and had
been decided in favour of the assignee.
The Court intimated that they would take time to
consider their judgment. The papers were handed up
to their Lordships to assist them in coming to their
decision.

(Before Mr. Justice WILLIAMs.)

THE QUEEN V. THE COMMISSIONERS OF EXCISE.

Mr. COOK moved for a writ of mandamus, directed to
the Commissioners of the Excise, calling upon them to
express their assent in writing to a recommendation of
the Commissioner of the Court for the relief of insolvent
debtors, that the sum of 401. per annum should be paid
to the provisional assignee of the estate of Philip Hay-
ward, lately an officer in the excise, and now in receipt
of a superanuation pension of 1201. a year, that sum to
be equally apportioned among his creditors.

The insolvent, Philip Heyward, had been committed to
the prison of St. Thomas the Apostle, in the town of
Exeter. He filed a petition in the Insolvent Court there.
and obtained a hearing before the Circuit Commissioner.
He was opposed by a creditor, and ultimately the Court
made an order that he should pay 401. a year out of his
retiring pension. The practice of the Court was that the
order or recommendation by the Commissioners of the
Insolvent Courts should be transmitted to the Court of
Excise, which might or might not assent to it, in terms
of the Act of Parliament, 1 and 2 Victoria, chap. 110,
secs. 5 and 6, which excepted those holding certain eccle-
siastical benefits, and the pay or pension of military per-
sons, or persons employed under Government, from the
operation of the general vesting order. To bring the matter
more clearly before his Lordship, he would read the
answer transmitted by the Court of Excise to the op-
posing creditor. It ran thus a—" Sir—The Commissioners
of Excise have considered the application made to it,
that a certain sum should be apportioned to the cre-
ditors of Philip Heyward from his superannuated allow-
ance, and they request me to state that the reonmenda-
tion cannot be acceded to, as the Court has no power to
stop any part of such allowance." He contended that
the Court of Excise had that power, and therefore it
was that he moved for a mandamus.
Mr. Justice WILLIAMS did not see how the Court
could interfere, as it was discretionary with the Court of
Excise whether any recommendation, proceeding from
the Insolvent Court, and affecting the stipend or pension
of any its officers, should be acceded to.
The application was refused.
IN THE MATTER OF OILBERT.

The SOLICITOR-GENERAL said that he understood
an applicati ,n had yesterday been made by Mr. Huggins
to set aside a rule which had been granted on an exparte
statement made by himself, in the case of two infants.
Now he thought it was essentially necessary that the in-
fants should appear before the Court, as the question was
one between two guardians, and it might remain for the
children to state in whose custody they might wish to
be. He, in order to avoid any delay, would move for an
attachment against the party to whom the writ of habeas
was directed. . _ _

Mr. Hmatlis said that they had the whole of that
day to make the return to the writ, and it would cer-
tainly be done before night.
His LORDSHIP said, under these circumstances, he
would not interfere, but leave the matter for discussion
before the full Court.

POLICE INTELLIGENCE.
(YESTERDAY.)
MANSION-HOUSE.

Two men, named Kirby and Armstrong, were
brought before the Lord Mayor on suspicion of
having plundered the premises of Messrs. Letham,
Blyth, and Letham, of Friday-street, muslin manu-
facturers. Mr. Humphreys appeared for the prisoner
Armstrong.
Mr. Matthew Letham, of the house of Letham
and Co., stated that on the morning of Wednesday
last two pieces of goods (trimmings) were stolen
from the warehouse. lie could swear to some of the
goods positively by the private marks of the house.
They were Scotch goods, and many firms had the
same sorts of goods.
Mr. W. Beman, of Tottenham-court-road, stated
that his partner purchased some trimmings from the
prisoner Kirby, and witness paid Si. 45., or 81. 6s. for
them, and three or four dresses, about ten or eleven
days, or perhaps only a week ago. (Here a parcel of
goods were produced, which the witness identified as
those he had purchased.)
James Nelson, a person in the employment of Mr.
Evans, of 149 and 160, Tottenham-court-road, stated
that a second parcel of goods which was produced
had been brought by the prisoner Kirby to his em-
ployer, about a week ago, and that Mr. Evans paid
41. 7s. 9d. for them. The bill of parcels was here ex-
hibited. It enumerated the particular of the purchase
with the ustial regularity.
Inspector Waller stated that, in consequence of in-
formation which he had received that a robbery had
been committed on Wednesday week, in the ware-
house of Messrs. Latham and Co., and that the goods
stolen had been offered for sale, he went to Mr.
Evans's house to look at the property. Mr. Evans
identified the property, and Mr. Latham stated that
Kirby, who resided at Islington-green, at a coffee-
shop, had sold them. At Islington-green, Kirby,
upon being questioned, with the due caution to
mind what he said, as he was to consider
himself in custody, stated that he could clear
up his part of the transaction by proving
from whom he had got the goods. Kirby then ac-
companied him (Inspector Waller) to Stanhope-
street, Clare-market, where, after having wasted a
considerable time, he saw the prisoner Armstrong go
up to the door of a house. Kirby then approached
Armstrong, and said to him, " Why, lam come after
those goods. This is a pretty thing." Witness then
asked Armstrong, having told him previously that he
was not hound to answer, where he got the property.
Armstrong said he could not directly tell, and witness
conveyed him to the station-house. Witness after-
wards searched Armstrong's lodgings, but found there
but one small piece of goods, which he said he left
with his wife to cut up for caps for the children.
Mr. Letham said the piece of goods just produced
was of the same style of goods as those which had
been already identified.
Mr. Ewin, who stated that he was in the employ-
ment of Messrs. Letham and Co., said he had packed
some parcels on the day preceding the robbery, and
taken them round in his chaise, and afterwards depo-
sited them in the warehouse, and that on going next
day to the warehouse he found that they had been
stolen.

The LORD MAYOR (to Mr. Letham)—Did you
sell any of these goods to the trade ?—Mr. Letham
replied that he believed he did last year.
The LORD MAYOR—WouId these pieces have
brought a higher price than Mr. Evans gave for them ?
Mr. Letham—They would have been sold at a much
higher price. Mr. Evans has given a very low price
for them.
Mr. Humphreys—ls not Mr. Evans's a very respect-
able house ? Mr. Letham—Certainly it is.

The LORD MAYOR—These goods have been pur-
-1 chased at fourpence-halfpenny a yard. What would
you have charged? Mr. Letham—l think there is
not one which we would sell at less than ninepence a
yard, and there are some which would produce four-
teen or fifteenpence.
Mr. Humphreys—ls it not usual to sell off a bank-
rupt's stock at at least as low a rate, comparatively ?
Mr. Letham—l have never observed things of the
kind. lam not in the habit of taking the least notice
of placards or advertisements about such stock.
Mr. Humphreys—Do you not know that goods are
often sold at a great reduction of price ? Mr. Letham
(as we understood him)—Certainly.
The LORD MAYOR—I shall remand the prisoners.
The prisoner Kirby asked whether the Lord Mayor
would not accept of bail for his appearance ?
The LORD MAYOR replied that he could not accept
of bail under the present circumstances.
A very wild-looking Irishman, named Ned Howe,
was brought before the Lord Mayor upon the charge
of having assaulted Margaret Macnamara, a country
woman of his own, after having been bound over a
short time ago to keep the peace towards her. The
assault was committed under rather odd circum-
stances.
The statement of Mrs. Macnamara was to the
effect that she had, about three months ego, been in-
volved in a row with the defendant in Angel-alley,
and that the Lord Mayor thought so badly of his
conduct upon that occasion that his Lordship
thought proper to bind him over in a
serious penalty to keep the peace for