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

8311TH V. LOVnDAY.

In this case, which has excited considerable interest, a
jTI
prayer was made by Mr. Carmichael Smith against a
Proctor of the Court. Mr. Smith to-day brought in his
rejoinder to Mr. Loveday's reply, and prayed that Mr.
Loveday might be assigned to make such answers as he
thought
Mr. LOVIDAT assured the Court that he MO now quite
readyt: fiptobty the firstanswer
iuhis
Yof
next
within Term.
Mr.
4 eti hours, but he sub-
mitted to the Covet that charges of this nature, which
there were no 'affidavits to support, and resting on the
mere allegations of the opposite parte, should not be suf-
fered to stand Oyer to the great injuryof his character.
Mr.
Mr. ' SMITH fr
Mimed that the Court had seen the reply
Mr. Loveday, in which he evaded the charges, instead of
answering them. In the rejoinder which he now put in
there were new charges against Mr. Loveday.
The .Ittnct said that he had not seen the reply, and that it
was not right in Mr. Smith to suppose that he had. Indeed,
Mr. Smith ought to refrain from all observatio:is on the
ease until it came on for hearing, when full justice would
be done between the rallies. It was absolutely necessary,
in a ease of this nature, that the judgment of all should he
suspended, that no opinion should be given on one side or
the other, nisch less against the accused party.
Dr. ADAMS submitted that there would be no end to
charges if they were-allowed to be brought in one by one.
The reply of Mr. Loveday contained a general demurrer
to all the charges ; but if Mr. Smith were to introduce
fresh matter every day, the charges might go on ad irfini -
tam.

The Juncx ultimately ordered that Mr. Loveday put in
hie answer by Monday next, and Mr. Smith was directed
so reply by next Monday week.

We have had some very stormy weather since
our last. On Sundry night and Monday morning in par-
ticular,it blew tremendously from the south and sonth-
west, accompanied with torrents of rain, and thunder and
eight storm,
oon,beisuoctuktnh:eilyav
lightning. We are happy in stating, however, that no
material damage has been done in this neighbourhood.
The shipping in the Catwater were the most exposed to the
Arthur, bound from Ghent to Bordeaux, with a cargo of
herrings and deals, had
--- a most miraculous escape. About
height, and the
night extremely dark, she was seen drifting past the
acPthii:bwri wigthL'hie u J77a1.7t
hailed from on board the Nightingale, lint no answer was
Nightingale schooner, then lying in Barn-Pool. She was
returned. It was, therefore, concluded she was a foreigner,
and, as her situation was moat perilous, she being within
a few yards of the rocks under Mount Edgecumbe, where
she twist inevitably be dashed to pieces, it was determined
to send a boat to her ;assistance. Upon this service, Mr.
Henry Wilkins, acting master of the Nightingale, with all
that prompt courage and disregard of personal risk which
1 gig with six hands, in a sea which in:-.1 t I • terri-
fied,,„, i havetoe Y.,'
characterise the Brinell sailor, volunteered and put off in
the boldest. The gig soon reached the brig, and on
hanging loose, and the crew in deepair, some of them at
boarding her, Mr. Wilkins found the helm lashed, the sails
prayer—they having given themselves up for lost. So
panic-struck were the crew, that they could do nothing,
and the Nightingale's men were obliged to shift the helm,
anil do what was necessary to get the brig into a place of
safety, which at length they accomplished by mut:nig licr
and lashing her alongside a merchant ship off Mount Wise,
where she remained till morning. The only injury she
sustained was the loss of her main-topmast, which was
carried away by the other vessel's main-yard, as sin was
running ulorvictc...P/ppiouth Jpurna4

SPIRIT OF THE LONDON JOURNALS,

We publish a curious letter on the Univer-
sity of containing some historical notices
of its successive Provosts during the last two-
and-thity years, and of the influence exercised
by their several characters on the spirit and poli-
tics of the institution. With regard to the mat-
ters touched by this writer, who evidently knows
what he tilks about, we can bear witilee, from
personal observation to the truth and justice of
his sentiments. No head of
a grew- body, like
the Natio' University of Ireland, could be
more distinguished than D. Hall—who suc-
ceeded Dr. Kearney 1
knromoted to the see of
Ossory ) not. long after l'..irimett's rebellion—for
the liberal feelings and as ,
porements of a scholar
and a gentleman ; nor any f
unctionary more no-
torious than Dr. K -1
e, the present Provost, for
the absence a all such distinctions. It is un-
questionable, and deeply to be regretted, that the
frank and uateculine bearing of the youth who
resorted to this University, should have received
a check so fatal as that inflicted upon it by the
overthrow of the " Historical Society," almost
the only channel open to Dublin students, for
the cultivation and development of those powers
which belong to professional or to public life, for
taste in modern literature, for composition ri
prose or poetry, for a knowledge of history, for
political inquiry, for manly eloquence, for
early trial of character—for quickness, coolness,
courtesy, and boldness, in the field of popular
discussion. To this comprehensive course of
self-education had Ireland been indebted for
some of the great ornaments of her senate, bar,
and pulpit, during the last forty years. The
light was extinguished by Dr. Thomas Elring-
toe,, a dabbler in letters, but profound in all that
13oulte,, Magee, or Parson Horner would ad-
mire. The school of taste and elegance was put
down by him, and on its ruins was for the first
• time erected, under the dominion of DJ. Kyle,
the mean and barbarous, but characteristic edifice
of Cumberland-clubbisin in the College. This
new expedient for debauching the mind of
youth—for superseding -all dispassionate policy
by factious venom, and all Christian charity by
the spirit of persecutien—is, wegrieve to acknovv-
ledge, in full work throughout the University;
and if its operation be limited to the minor order
of gentry who compose the bulk of the Orange
interests in Ireland,. it is because the great ma-
jority ethe uppo. Class of Irishmen have pecu-
niary means, as well 4 good sense enough, to
educate their sons at nglisl4 schools and Uni-
versities, and so to -withdraw them from that
hateful den of bigotry and tryanny into which
Dublin seems to have been degraded.--Times.
When -the prisoners sentenced to suffer death
at the Old Bailey, on Wednesday last,- were
asked what they had to.,,sa.y why they should not
receive judgment to die, one of. them, Matthew
Riley, convicted of-forgery, began to arraign the
law under which he was condemned. it is not
very likely that a law will ever be palatable to the
man who suffers under it ; and therefore the
opinion of a convict would go for very little,
were it not in this case in accordance with the
general feeling of the community. " The Re-
corder' said he could not sit and hear the law
arraigned. The prisoner said, that if the Re-
corder were in his situation, he would think it
very natural for him to arraign the justice of the
law. He must arraign it. The Recorder
begged the prisoner to consi t'e• situation in
which he stood, and not to aggt-c....:ute his of-
fence." Not to, aggravate his offence ! What
is the meaning of this ? We have often been
puzzled to account for the use of this language
in our Courts of Law. A man may con-
. duct his defence improperly—he may introduce
ii relevant matter into his defence—he. may
misconduct himself in various ways, and it
is proper that the Court should have the power
of enforcing order and regularity, and of pu-
nishing contempt. But the made of-conducting
a defence, or of propounding objections to a sen-
tence, can in no manner affect the offence for
which he is tried. That offence has been com-
pleted before the trial, and his conduct during
the trial can neither add to nor detract from it.
An
crravation of an offence is, therefore, an
utter absurdity.' If a man has done what de-
. serves death, his conduct during the trial ought
not to save him ; if his offence has not deserved
death, his conduct during the trial cannot make
it deserving of death. The origin of this lan-
guage, so unworthy of a civilized age, must be
traced to the times when every man was prophet,
priest, and King in his own family. The father
is, then, the guardian as well as judge of the
son ; and when before this domestic tribunal,
the son, accused of an offence, evinces by his
mode of defence a state of mind which afflicts
the parent, .as. being indicative of impenitence,
the latter, who views.- the whole with reference
only to the moral condition of his offspring,
Cannot separate the offence from the subsequent
conduct.- He therefore is justified in telling. the
offender that his subset] uent conduct is an aggrava-
tion of his offence. The language of the paternal tri-
bunal has descended to tribunals where justice is
preserved between individuals connected to-
gether only by their political relations. is
—ut
in these last tribunals, affection or regard has no
longer a place. The Judge has no feelings
towards the prisoner; he is not his guardian ;
his functions are confined to the bare pro-
nouncing his guilt or innocenCes and awarding
the punishment which society has attached to
the offence, with a view to deter from the com-
mission. of it. Society has' of late years deemed
it advisable to connect reformation with punish-
ment. But the process of reformation com-
mences when the trial is over. The proceedings
during t:ie trial may be of use to those charged
with the reformation of the offender, as indica-
tive of his state of mind, but they can be of no
use to the JUdge who, is trying hitn, and not se-
forming him. In the Penitentiary the overseer
supplies the place of parent and guardian, and in
his mouth 'the term aggravation is proper.
Whatever indicates a healthy or unhealthy moral
state is to him of importance. What is: absurd
in the mouth of a Judge is in his becoming.
The parent, in judging his child`' can'give or
withhold favours. :rile JUdge,has no favours
either to give or withhold. Lt isimpertinence in
him to consider himself as thedispenser of favours.
He is the organ of inexorable ' justice. If he
yields any thing in favour, he Sin against thai.
society whose . interest. is .. committed to. him
—he is a betrayer of hiS sacred trust. If heallows
his feelings on the other hand to --betray him
into undue seserity, and considers any thing
unpleasant to him-Self personally .to warrant him
in inflicting an additional punishment for it in
the character ofan aggravation of an Offence, he
again sins against society, by taking 'adiantage of
his trust to avenge his own wrongs, and by in-
flicting for offences against society a greater mea-
sure of punishment than is requisite. So low
were, till lately, the judicial notions on this sub-
ject, that a few years have only elapsed since a
Judge still on the Bench, alter -he' had pro-,

POLICE INTELLIGENCE.

flounced sentence on • a man,• actually added
enormously to the I,unishinent, in consequence
of an impertinent observation of the criminal.—
This Judge evidently considered himself as freed
from all responsibility to society, and entitled to
consider justice as a matter of taste. But the
worst of this practice of considering the state-
ments of a prisoner as the aggravation of an
offence is, that it is a contrivance for frightening
a prisoner, and driving him from the determina-
tion of defending himself. It is as much as
saying to a prisoner—We have you in our power,
if you attempt to extricate yourself you will
off: us, and we will punish you for your at-
tempt to get out of our clutches. Let us hear
no more of this language, so disgraceful to a
British Court of Justice. A Recorder, of all
men, should be cautious of using the word
aggravate.—Morning Chronicle.
Judging from the accounts which we have
lately received from Ireland, there is really no
knowing what the Agitators would be at, or
what they mean to do. At one time they are
for carrying every thing by force of arms—at
another a peaceful crusade is to be undertaken
to England for the purpose of converting here-
tics to a saving faith in the blessings and benefits
of Catholic Emancipation. On one day a de-
putation of knights-errant in the cause of Catho-
licism is unanimously resolved on ; on another
the whole arrangement is considered faulty ; and
while the members of the deputation itself declare
that they will not stir an inch, unless reinforced

by a corps of volunteers, others are not slow in
avowing that the constitution of the whole thing
is corrupt and erroneous, and that unless it be
re-modelled by an appeal to the people and depart
laden with its wisdom and sage counsels, it had.
better, stay at home, and its members mind their
own private affairs. We would fain hope that
this last hint would be taken. We can assure
the Catholic Agitators that their presence here,
and their lectures for the benefit of the English
people, will not afford any considerable portion
of edification—that their friends would consider
their residence in Ireland much more beneficial
to the cause in which they have embarked; and,
finally, that, even if the whole affair did not
smack of a Quixotic origin, and a Quixotic re-
sult, the festivities accompanying the termina-
tion of the old, and the commencement of the
new year, ought not to be interrupted by poli-
tical discussion. Once in a twelvemonth, surely,
John Bull ought to enjoy the privilege of doing
homage to his favourite and national • dishes,
without the fear of their suffering by an admix.
ture of Catholic poison, or any other equally-
dreaded and noxious- ingredient.—Morning
Advertiser.

MANSION-HOUSE.
SPANISH AND ITALIAN REFUGEES.—Yesterday
he LORD MAYOR took occasion (as 'he considered
no public place ill adapted for the expression of his
sentiments upon the subject of the public contribu-
tions for the benefit of the unfortunate refugees) to
state, that instead of abating, the generous spirit of
all ranks in society daily increased, with respect to
the poor foreigners for whom he was an humble
petitioner. lie had been encouraged by the result
of the applications which he had already made to
different towns in Great Bfitain, and by the warm
expressions of sympathy which bad been addressed
to him from numerous bodies, as well as individuals,
to transmit to other towns and bodies, which he
knew only wait to be applied to for their beneficial
co-operation, copies of the circular, to which such
unanimous attention had been paid. He could not
refrain from alluding, with feelings of admiration arid
gratitude, in the name of the unfortunate refugees,
to the zealous exertions of the press, particularly that
part of it which daily devoted its columns to projects
and speculations of various kinds, by which it might
he possible to render the contributions more com-
pletely available. Ilis Lordship added, that he felt
the greatest pleasure in receiving the following
communications, from the Lord Provost of Edin-
burgh, and the High Sheriff of Birmingham :
" Birmingham, Dec. 10.
"My Lord,-1 have had the honour to receive your
Lordship's letter, inch ding copies of the proceedings and
resolutions of the meeting held in London, for the purpose
of alleviating the destitute condition of the Spanish and
Italian refugees.
" I have great pleasure in informing your Lordship, that
a ball for the same object has been arranged here, and is to
he held on Thursday, the ISth inst., under the patronage
of the High Sheriff of die county, and of the two county
members, D. S. Dugdale, Esq. and Francis Lawley, Esq.,
and from which a 'avourable result is anticipated. I beg
to assure your Lordship, that every means in my power
shall be used to give publicity to the wishes of the London
Committee, and to aid, as far as possible, their humane
awit benevolent intentions. I have the honour to be, my
Lord, your Lordship's most obedient servant,
" JOSEPH 'WALKER, High Sheriff."
Edinburgh, Dec. 1.
"My Lord—l intend to follow the laudsble example of
your Lordship, by takin' public measures for a contribu-
tion for relief of the Italian and Spanish Refugees now in
London; but before doing so, I request your Lordship to
inform me of every particular (within your knowledge) re-
specting them, such as the number supposed to he in Lon-
don requiring relief, their rank, present circumstances, and
means of support, and the cause of leaving their native
country, with any circumstance that may occur to your
Lordship and beimT made known here, may excite the
sympathy of our population. Say also to whom I shall
remit the money when collected. Waiting your Lordship's
early reply, I have the honour to be, my Lord, your Lord-
ship's most obedient,
6, WALTER BROWN, Lord Prevost."
The LORD MAYOR knew that he could at all
times rely upon the assistance of those who had
already so deeply engaged in this- great cause of
humanity. Indeed, there seemed to exist but one
feeling all through the community upon the sub-
ject. All party-spirit and political differences was
absorbed in the paramount feelings of charity.
MARYLEBONE.
Last
nightthe following evidence respecting the
robbery at the French Ambassador's was taken be-
fore Mr. GRIFFITH.
James Howe, who is footman to his Excellency's
children, and has charge of the plate appropriated to
their use, stated that five or six minutes before three
on Tuesday afternoon lie left it safe in a drawer in
the under butler's pantry; he locked the drawer,
and put the key
of it in his pocket, and he locked
the pantry-door,
and hung the key up in the
por-
ter's-hall, where it is usually kept,
the area
:
gate is not fastened. At five o'clock he went down
to prepare the plate for the children's supper •he
found the pantry-door locked, but the drawer was
broken open; and the plate, consisting of a doz.
table-spoons, half a dozen tea-spoons, two dozen
forks, one soup-ladle, one gravy-spoon, and One pair
of sugar-tongs, were gone.
Mr. GRIFFITH' desired him to describe in what
way the drawer appeared to have been opened.
Buckridge, the officer, said he had exargined it,
and there was no doubt it was forced with the
smallest of the crow bars which were left behind.
James Holloway, the under-butler, at 12 o'clock,
left the family plate safe in a large plate chest, which
stands in the pantry; the chest was not locked. He
Was in the pantry again at a quarter before three, Artl•iur Knox Gore, Esq. of Balling House,
he it is said, is about to offer himself as a second Candidate
and left Howe, the children's footman, there;
• Morning Post.
go Dublin M
went out, and returned at five, arid as he Was speak- !
ins to 'the porter, in the porter's hall, a groom from the • A farmer c neighbourhood of Salis-
for the County o
bury sold a pen of sheep at Marlborough fair last week,
belonging to one of the secretaries came into
which he warranted sound.
)e2 Ith being the opinion, bow-
lle
Nsr.shoo sptutracthate3, werei affected with
the hall and told him the pantry had been robbed.
ran immediately down to the pantry, the witness elver,
Howe was there, and xyhen ke opened the chest, themt e
e kilebd on the spot, when it wastlemf ,
of
btah the number
causedte obnee
ionf
to his astonishment a great part of the family plate the last stage of " rottenness." The bystanders were so
was gone, (four square.dishes, &c., as stated in our enraged at the farmer, that they well pelted him with the
first report of the robbery)•; 29 silver decanter stands t entrails of the sheep sand Seslly hissed Lite out of On fair.

A gentleman, who was attracted to the spot
where the altercation took place between the parties,
stated, that he saw Captain Crompton give the
driver as., upon which the latter loaded him with the
most scurrilous abuse, seized him by the collar, and
pulled him backwards and forwards most violently.
The Captain stated, that the reason of his hav-
ing alighted at Newington instead of Kennington,
was in consequence of the state of intoxication in
which the driver was, owing to his having stopped
at some gin-shop on the way, which rendered him
incapable of driving. During the journey he was
near upsetting the coach on three or four different
occasions. With respect to the charge of his hav-
ing damaged the inside of the coach, there was no
truth in it. The vehicle was in a filthy state when
he entered it, and was much better adapted for the
use of resurrectionists than decent people. As to
the fare, he (the Captain), on hiring the driver, dis-
tinctly agreed to give him 55., for the distance, in-
cluding stoppages; and, notwithstanding, the fellow
procured his address, and summoned him, after hav-
ing behaved in the manner described.
Other disinterested parties proved that the driver
was both drunk and excessively abusive to the Cap-
tain, who *had offered his address when the former
claimed more fare.
Mr. SSYABEY immediately discharged the sum-
mons, remarking, that the driver. ought to hive
stood in the situation of defendant instead of com-
plainant.

were left behind, which were in sight; and beneath
a false bottom, which would require two persons to
lift :t out, other plate of greater value was depo,-
[ sited, and was safe. Another chest stands by its
side which contains water-dishes, &c. , but they are
only plated, not solid; a tray of glasses set out for
' dinner-service had been removed from the top of
' tha, and placed upon the top of the chest which
wa, robbed.
Mr. GRIFFITH asked if he observed how the
pantry-door had been opened ? He answered, Mr.
Smith, a Bow-street officer, said it had been opened
by A skeleton-key.
vlr. GRIFFITH—Had you seen any suspicious
person about the place ? Not that day.
Mr. GRIFFITH—Who are the persons who were
in the habit of coming to the servants'-hall ?We
have it in evidence that the strt-o-sweeper has ad-
mhance there.
Under-butler—I did not see him there that day,
but I saw a cousin of the porter's.
Mr. GRIFFITH-- Where is he ? Buckridge---
- Present, your Worship, but not in the room to hear
the evidence.
Mr. GRIFFITH —ls he often there ? Under-
butler—Yes, often.
Mr. GRIFFITH—How long has this young man
visited the porter ? Under-butler--About eighteen
months.
Mr. GRIFFITH—What is he ? Under-butler,--I
believe he is in the chip-hat trade.
Mary Bailey, the still-room maid, between half-
past three and .four o'clock, went to. the
and saw two men passing as if from the pantry ;
she saw one more distinctly than the other, but only
the back of him ; he wore a blue coat, and had fair
hair, and was without a hat; he was rather short,
the one before him was taller: she considered them
strangers.
Mr. Mallet, the chief clerk, asked the house-
steward, if strangers went that way. He said but-
chers, green-grocers, and other tradesmen go that
way, but not strangers.
Edward Stephens, a lad who works for Mr. Marsh,
sadler, No. I, Charlotte-street, Portland-place, took
some things home„:o the Ambassador's stables, about
a quarter before four on Tuesday afternoon, and as he
passed the area-gate, he saw two men coming up
the steps. The first had a blue bag in his hand; and it
appeared Lobe very heavy: the other had a bag Which
was not so heavy. He thought at the time it was
plate, for he had seen silversmiths carry such. They
must have turned into Portland-place, for they did
net pass the stables, and when he came back, which
was immediately, he did not see them again.. He
was above, them, and could not see whether they
were tall or Short. They both were dressed in blue

coats.
Arthur Langford, the porter's cousin, was then
called in to give evidence, and Buckridge, the officer,
told the magistrate that this yonng man was sitting
in the servants'-hall, Which is exactly opposite the
butler's7pantry, at the time of the robbery.
Arthur Langford, of No. 9, Sidney-street, Corn-
mercia-road, willow-cutter, is cousin to his Ex-
cellency's porter. At a quarter past three he
went down into the servants' hall to a;tite a few
lines by way of practice. Thomas Keppell, the first
secretary's valet, was there, and lent him a volume of
Lord Byron's works to write from. The valet went
out, and pulled the door after him ; he cannot say
that he shut the door close. While he was writing
he saw no one; the door was shut, so that he could
not see. The steward here interrupted him, and
told !he magistrate the ladies' maid satv him writ-
ing, for as she passed, the door was open,—he did
not see her rerhaps, nor hear her, for her shoes
were thin.
Buckridge said, even if the door-was quite closed,
he did not think the opposite deor of the pantry
could have been opened, or the plate moved, with-
out his hearing it.
Mr. Mallett asked Langford whether he had been
at work this week, and he answered, " No, not for
some time."
Mr. Mallett—Who maititt.ins you ?—My cousin.
And in answer to other questions, he said that the
Ambassador's porter, his cousin, supplies him with
money, and clothes, and lodging.
Other persons were examined; but their evidence
was not material, and the officers who have the case
in hind were ordered to renew their exertions.
UNION-HALL.
Yesterday Captain Crompton was summoned at
the instance of the driver of the hackney-coach No.
135, for refusing to pay his fare.
The investigation of this case exhibited another in-
stance of the gross misconduct of hackney-coachmen.
The complainant stated, that on the sth inst. the
defendant hired his coach about half-past two o'clock
in the day in Piccadilly, and desired to be driven to
the Tower. On the way thither le,stopped at the
Edinburgh Castle, in the Strand, where be had some
grog, and also in Hollywell-street. They then pro-
ceeded forward to the Tower, at which place the
defendant got out and went on board the Ostend
steam-packet, and on his return ashore desired to be
driven to Regent-street, Kennington. Before, how-
ever, they arrived there, the Captain alighted at
Newington-causeway, saying that lie should go no
farther, and at the same time presented ss. to com-
phinant, who accepted the money, and intimated
thl it was considerably under his fare, upon which
the defendant refused giving more. The coachman
that he charged by time, mid complained of
the Captain having dirtied the inside of the vehicle
to such a degree that no decent person could put
th•ir nose into it until it had undergone a thorough
purification.
Mr. SWAREY.—If your statement be true, then
the defendant must have been under the influence of
liquor; is that the case ?
Coachman.—Yes, your worship, he was drunk;
and I forgot to mention that he gived me a thump on
the bead, on Newington Causeway, when I asked
for my right fare.
Captain Crompton expressed his astonishment on
hearing the charges adduced against him by the
coachman, and begged to call witnesses to rehu
them.