The Sun.
London, England, 1844-08-26 00:00:00

NAVAL INTELLIGENCE.

PORTSMOUTH.—The Queen, 110, Captain Martin, is
progressing. very rapidly with her equipment, and will
go out of the harbour to Spithead on the first of next
month. She has got her top-gallant masts pointed and
all her running gear rove, and most of her stores on
board.
The Collingwood, 80, Captain Smart, still n?mains at
her anchorage at Spitheael. Rear-Admiral Sir George
Seymour is at Portsmouth, and has his flag flying on
board of her. The delay in sending this vessel to sea
has given rise to numerous speculative reports, and
among others that it is in contemplation to change her
destination from the Pacific to the Mediterranean. The
fact is, she is only waiting the termination of the nego-
tiation between the British and French Governments re-
specting the Otaheite affair, it being deemed advisable
that the Gallant Admiral should leave the country with
something like definitive instructions as to the course he
is to pursue when he assumes the command in the Pacific.
The Collingwood is in most excellent order, and does
credit to the service. _ _

The Victoria and Albert, royal steam yacht, Captain
Lord Adolphus Fitzclarence, has not returned from her
cruise, but is expected this afternoon. She left on Tues-
day afternoon, and proceeded to the westward, and has
been kept at sea during the week, in order fully to test
her new tubular boilers, and to ascertain the advantages
of her various internal improvements since last season,
especially if the unpleasant effluvia arising from the
bilge water has been done away with by the remedies
that have been applied for its suppression. The yacht
is to be got ready immediately for the use of her Majesty,
who it is understood will embark the second week in
September.
The experimental brigs are not yet commissioned, and
the delay has caused considerable surprise in the nautical
world, for they have been all ready, with top-gallant
masts on end, for some time. It has been alleged that
the reason why they have not been commissioned is
because the Lords of the Admiralty have it in contem-
plation to commission some larger vessels, and that the
hands will be required for them. We do not know how
true this may be, but it is very evident that the cause of
delay in commissioning these brigs is only of recent date,
and therefore it is not unreasonable to suppose that the
Admiralty may be waiting the turn of events before
they man these vessels.
Every necessary preparation is being made at the
various dockyards to meet any sudden emergency. A
number of able seamen are being entered at each yard
as riggers. This is a very excellent precaution on the
part of the Admiralty, for should the exigencies of the
service require a, number of line-of-battle ships to be
brought forward at a short notice, these are the men
whose services will most be wanted. The rigging of the
advance ships is all ready to throw over their masts, and
by the aid of these men the vessels can be fully rigged
and all ataunt while the regular hands are entering.
PORTSMOUTH, Atm. 25.—The unprotected state of
our ports has become amongst naval men a leading
topic of conversation, more so at the port than e'se-
where, and not without good reason, we think, when we
have before our eyes the fact that neither Portsmouth,
Devonport, nor Sheerness has a "guard" ship, and the
only ship fitting out for that service is the Queen, 110,
in this harbour, for the flag of Sir J. C. White at the
Nore. The St. Vincent, 120, until lately the flag.ship at
this port, is in the Sound at Plymouth, ordered to hold
herself in readiness to leave that port at a moment's
notice. The Collingwood will leave Spithead in a day
or two (Tuesday is reported) for her station, when there
will be no ship fitting out at this or any other port except
the Queen.

A descent upon our coasts, even to the mouths of our
harbours, would be, under such circumstances as the
above, an attempt by no means difficult of accomplish-
ment, especially if steam were employed ; an enemy
might pour shot and shells into our garrisons, and into
this, perhaps, easier than any other, in the night, and
be out of reach before any craft could get out of harbour
to cope with them. To remedy the possibility of this,
it is the opinion of heads grown gray in the service that
a first-class steam-frigate, of powers somewhat like the
Terrible (now building at Deptford), should be con-
structed for the service of each port, and which should
be kept in such a state of constant readiness as to be
eligible for chase or fight almost at a moment's notice.
Such vessels would be far more eligible and efficacious in
lzeeping off marauding hos than all the guard-ships that
ever carried flags.
The Coliingwood, SO, Captain Smart, at Spithead, has
received sailing orders. She will sail on Tuesday, we
believe.

The Inconstant, 36, Captain Freemantle, was at Port
Royal, Jamaica, on the 20th ult.
The Queen, 100, Captain Martin, has her topgallant.
masts pointed, and will drop down to Spithead from her
moorings in the harbour, it is expected, next Saturday.
The Spartan, 26, Captain the lion. C. G. J. B. Elliott,
was at Port Royal on the 23d ult.
The Fox, 42, Captain Sir H. Blackwood, is on her
way from Tangiers, to relieve Commodore Chads, in the
Cambrian, 36, in China, who will return toEngland.
The Albatross, 16, Commander Yorke, arrived at
Sierra Leone on the 2d of June, and was to place herself
under the orders of Captain (since Commodore) Jones,
the senior officer on the African coast, who was expected
in the Penelope, 22, steam frigate. The Growler, steam
sloop, Commander C. H. M. Backle, from the Brazils,
and the s!oops Ringdove, 16, Commander Sir W. Daniell,
and the Wasp, 16, Commander S. H. Ussher, from the
West Indies, were ordered to reinforce the squadron on
the coast, to assist in the suppression of the slave trade.
_ _

The Pique, 36, Captain the llon. M. Stopford, left Ja-
maica on the 10th ult., for Barbadoes, with specie.
The Vindictive, 50, now in dock here, is being cape-
d ited (it is reported) for flag service on the West India
station, to relieve the Illustrious, 72, flag of Sir Charles
Adtim, AT hrse period of service has expired.
The Victoria and Albert royal yacht, Captain Lord
Adolphus Fitzclarence, return, d to Cowes last evening,
having been out four days on a trial cruise, which has
yielded the highest satisfaction. She came into the har-
bour again this day, at twelve o'clock.
In Dock—The Vindictive, Prince Regent, Dwarf,
Scourge, and Athol.
In Harbour—The Victory (flag-ship pro tem), Queen,
Excellent, Sylvia, Nautilus, Fearless, Echo and Comet
steamers

In the Basin—The Daring, Osprdy, Lily, Flying Fish,
Pataloon, and Waterwitch.

SHEERNESS, AUG. 23.—The Monarch, 84, is ordered
to be brought forward for commission forthwith.
An order to enter 100 men for general service has
arrived at this dockyard, 'since which announcement
" many have called, but few have been chosen."
In the Harbour—The Ocean, Raven, and Africaine.
In Dock—The Monarch, Herald, Beagle, and Vernon.

PROMOTIONS.
Assistant-Surgeon.—Jatnes Allan (1837) to tho rank
of surgeon.
Second-Masten—W. H. Green, of the Fearless, to the
rank of master.

Clerk.—E. Gabriel, of the Madagascar, to be pay-
master and purser.

APPOINTMENTS,
Captain.—M. H. Dixon (1811) to the San Josef, with
the charge of the ships in ordinary at Devonport, vice
Burgoyne, whose period of service has expired.
Lieutenants.—T. J. R. Barrow, L. B. Mackinnon, G.
Pyne, J. W. Probert, S. F. Short, all additional to the
Formidable, flag ship at Gibraltar.
Mates.—T. H. Molyneux and R. Barrington, to the
Excellent ; J. I. llanyard, to the St. Vincent ; W. H.
Conolly, to the Comet.

Assistant•Surgoon.—W. P. Banks, M.D. (1838), of
the Fearless, to the Crane.

Clerks.—A. Arlington (in charge), to the Alban ; J.
B. Martin (in charge), to the Lynx ; T. W. W. Spear,
to the Dwarf ; G. T. Harris, to the St. Vincent ; Mr.
Rivers, of Deptford Dockyard, to the Director of Works'
Department of Chatham Dockyard.
Masters' Assistants.—G. Raymond, to the Crane ;
Henry Petch, to the Tartarus.
Naval Cadet.—G. R. Tuckey, to the Alfred.

Boatswain.—John Stanley (sUp.), of the San Jcsef, to
the Fox, vice Culter, superseded.

ROYAI. MARINES.
PROMOTIONS.

First Lieutenant. —G. Elliott to be Captain, vice
Bridge, to half-pay,
Second Lieutenant. —W. Hutchinson to be First Lieu-
tenant, vice Elliott, promoted.

FRIGHTFUL ACCIDENT ON BOARD THE RIVER
QUEEN.—On Wednesday afternoon, an accident of a
frightful character took place on board the River Queen
upon her voyage to Ipswich from Walton-on-the-Naze,
in Essex. It appears that the vessel, as usual upon days
when she takes an " Excursion," had a crowded deck
and cabin, and some parties to avoid the crush went
down into the engine room, open under the permission
of the engineer. Among these were Captain Robert
Resker, of the Zephyr brig, belonging to this port, his
wife, and several other persons. Resker afterwards
came on deck and sat upon the hatches connected with
the light above the engine room. From this position he
was seen to rise, and then suddenly to fall backwards
through an opening upon the engine, within the works
of which he was caught, and though the engineer, prompt
at his post, stopped the way of the boat immediately, the
unfortunate man was crushed to death in an instant.—
..Suffolk Chronicle.
Within these forty years, in the course of which
population has advanced about 65 per cent. in Great
Britain and Ireland, crime in England has increased 700
per cent., in Ireland about 800 per cent., and in Scotland
above 3,600 per cent.
MURDER OF A CHILD.— A child, twenty-one
months old, named Elizabeth Carpenter, died on Tues-
day at Bristol, in consequence of the ill-treatment it re-
ceived from a woman (not its mother) with whom its
father cohabited. During the absence of its father, the
unfeeling wretch was in the habit of beating the poor
infant about the head with her clenched fist. She had
kill
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deeslnat
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turned a verdict of " Wilful murder against Elizabeth
Light," the woman whose brutal treatment had occa-
sioned the poor child's death.

PRINCE ALBERT'S BIRTHDAY.- .Today is the an-
niversary of the birthday of his Royal Highness Prince
Albert,
on which occasion the illustrious Prince com-
pletes twenty-fifth year, having been born on the
his
26th of August, 1819.

LAW INTELLIGENCE.

COURT OF BANKRUPTCY, Aug. 24.
APPLICATIONS UNDER THE NEW ACT.

The cases of several insolvents were brought before
the Court on the question of fees to be paid on the
filing of their proceedings, and the Learned Commis-
sioner was obliged to be somewhat positive on the
subject, in order to counteract the opinion which
seems to exist, that men are not only to get into debt,
but to be considered "martyrs" because they happen
to be in prison. There is a sickly affectation of hu-
manity either for the debtor or creditor, instead of the
centre path, in which the truth will be found.
An attorney applied to his Honour, with a view of
ascertaining whether the schedules of insolvents in
prison could not be filed without the payment of fees
until after their discharge. He said that from what
had appeared in the newspapers the applicants thought
they could be released at once from prison.
Mr. Commissioner FONULANQUE said that every
article that appeared in a newspaper did not constitute
law. The whole Act was to be carried out, and not
a part, and therefore it was quite impossible that pro 7
ceedings could be filed without the payment of fees.
The attorney hoped the payment of 1/. in each case
would be deemed sufficient till a scale of fees could be
promulgated. An advertisement of the first hearing
could be inserted in an evening paper for a less sum
than was charged by the morning papers.
The COURT said that the advertisements were for
creditors, and must be inserted in the morning papers
of known large circulation. The Commissioners were
anxious to give every facility to the discharge of men,
but in a court of law there must he certain regulation,
without which no proceedings could be satisfactorily
carried on.

The attorney again referred to the statements which
appeared in the papers and the forms published.
Mr. Commissioner FONBLANQUE (significantly)--
Take the law from the Queen's printer.
Some further discussion occurred, which ended in
the Court ordering that 30s. in each case should, in
the first instance, be deposited with the messenger of
the Court.
Mr. Commissioner FONBLANQUE intimated that in
a few days the orders would be issued; it was im-
possible to make rules instanter.

IN RE TOLFRET.
This was an application on the part of an insolvent
who had been five years in prison, and was originally
taken on a Judge's order as a person about to leave
the country.
The attorney for the insolvent mentioned the cir-
cumstance to the Court, as a difference of opinion ex-
isted on the subject. The insolvent was now charged
in execution, and the point was whether he could
avail himself of the new Act, which he could not have
done if the proceedings had not gone on to execution.
Mr. Commissioner FONBLANQUII was of opinion
that he was entitled to his discharge, as he was now
in prison on an execution ; and he made the order ac-
cordingly.
IN THE MATTER OF ROBERT BANISTER.

This case has already been before the public. The
bankrupt was a draper at Portsea, and had absconded
from his creditors ;he had visited Madeira. He had,
however, returned, and the present sitting was fixed
for his last examination.

The solicitor to the fiat applied for an adjournment,
in order that a fiat against Charles Banister might be
worked in London together, in accordance with an
order of the Chief Judge in Bankruptcy.
The Court granted the application.

SUMMER ASSIZES.

NORTHERN ClRCUlT.—Liverpool, Aug 23.

CROWN SlDE.—(Before the LORD CHIEF BARON.)
Eliza Daley, James Daley, and Elizabeth Daley, were
indicted for attempting to murder a new-born infant.
Mr. Armstrong, assisted by Mr. Hutton, conducted the
prosecution, and Mr. Wilkins the defence.
Mr. ARMSTRONG having stated the case to the Jury,
Mr. HULTON called

Eleanor Evans, who stated that she lived at 34, Be-
dale-street, Manchester, and kept a lodging-house, and
the three prisoners, who were mother, son, and
daughter, rented apartments from her. The female
prisoners slept in the same bed-room with witness, and
James Daley occupieda room to himself. Witness ob-
served that the younger woman, Eliza Daley, ap-
peared to be pregnant, and remarked to her, that it
was so said by all the married women in the neigh-
bourhood. She had also spoken to the mother relative
to the state in which her daaghter was supposed to be,
and she (the mother) said it was nothing of the kind ;
she had a complaint of dropsy before she left Ireland,
and that she had had two other daughters who had
died of the same complaint. On the afternoon of the
' 25th of July, the two women in company went out,
and remained absent until seven o'clock in the evening ;
and when they returned, Eliza Daley went immediately
up stairs, and the witness following shortly afterwards,
perceived that she was undressing herself, and remarked
to her that it was an early hour for her to be going
to bed. Eliza replied, " Yes, but lam rather unwell."
Eliza Daley, having undressed herself, went to bed, and
the mother took up a cup of coffee. About half-past ten
o'clock witness had occasion to go into the bed-room,
when she found Eliza Daley sitting on a box at the foot
of the bed, having on at the time a green striped dress.
Witness laid, Q 1 Miss Daley, what are you doing out of
your bed ?" and she replied, " I ant not well, and have
got up," and she then jumped up and ran down stairs,
and shortly afterwards witness heard the back door
opened, and some one go out. Witness, after a little
lapse of time, went down stairs, and found that Eliza
Daley had gone into the privy, in which she re-
mained upwards of half an hour, when she was called in
by witness. Witness about eleven o'clock went to bed,
leaving the two female prisoners in the parlour, and
shortly afterwards she heard some one come in at the
front door, who proved to be James Daley. About
twalve o'clock the son and mother came up stairs, and
witness asked Mrs. Daley where her daughter was, and
she replied that she was sitting in the kitchen. Witness
said, " It's a main poor excuse ; I must go down and
look after her." Mrs. Daley said, "Don't, my dear;
I'll go." Witness said, " I feel alarmed ; I must
look after you both." Mrs. alley made no reply,
but got into bed, and witness shortly afterwards heard
an infant cry. Her nephew, John Roberts, brought
a candle, and she went down stairs, and found
Eliza Daley sitting in the kitchen, and from the
appearances near to the place, she found that she
had been in labour. Mrs. Jackson was called, mad
Eliza Dalev said, " What do you want here ? go
to your bed," and she then swore. James Daley came
down stairs, apparently much confused, and asked for
an explanation of what was going on. He was told that
his sister was in labour, and he exclaimed, " It's a mis-
take ! 0, my life and my character !" The elder Daley
said it was not true that-her daughter had had a child ;
she was tuffering under a complaint of which two of her
daughters had died, and the appearances were caused
in consequence of the great quantity of medicine she
had taken, and said it was unkind of witness to expose
the girl before her sister. James Daley begged hard of
witness to be as silent as possible, for he believed it to
be altogether a mistake. From what his mother had
said witness went up stairs, and found Eliza Daley in
bed, and requested her to confess whether or not she
had had a child, for if she had had one, every attention
should be paid to her. She (Eliza Daley) said it was
nothing of the sort ; swore at them, and requested that
they would go to bed. Some time afterwards Eliza
Daley exclaimed, " 0, what shall I do ?" and her mother
requested her to be quiet. Witness, on awaking in the
morning about six o'clock, found Eliza Daley sitting up
in bed changing her clothes. The mother was not there
at the time, but came in shortly afterwards, and took
away some foul linen and a green dress. Eliza l)aley's
clothes were placed together, as though she had con-
templated leaving the house. Eliza Daley was taken
into custody.
Several witnesses were called to depose to the facts
mentioned by the witness, and that the elder Daley early
on the morning named in the indictment was endeavour..
ing to gain access to a privey, having with her at the
time a bundle.

Peter Smith, a night-soil man, stated, that on the
morning of the 26th of July he found tho body of a
male child, wrapped in a cloak, lying on some ashes in a
midden.

Mr. WILKINS proceeded to address the jury on behalf
of the prisoners, when
His LORDSHIP interrupted the Learned Counsel,
stating that he wished to consult Mr. Justice Cresswell
on the subject of the indictment.
On his Lordship's return into Court, he said he
thought it his duty, in order that justice might be done,
to stop the proceedings. He had looked at the indict-
ment with some care, and had found that it was founded
on a statute that, whoever should attempt to drown, or
suffocate, or strangle, with intent to commit the crime
of murder, should, although no bodily injury should be
occasioned, be held to be guilty of a felony. In the in-
dictment there was no other crime whatever charged ;
and it was his duty to tell the jury that, what-
ever they might think of the misconduct of the
prisoners, there was no evidence whatever of an
attempt to suffocate or drown. If the child had
been placed in the midden-hole, without the
person so placing it there having a knowledge of
what was on the other side of the wall, this would not
be a legitimate mode of construing the statute ; and on
the other hand, supposing that the person placing the
child there was acquainted at the time with what was in
the midden-hole, it then must appear that they had se-
lected the dry ashes to put it upon a place of compara-
tive safety and not of danger. There was another diffi-
culty also which presented itself. It was necessary that
it should be shown who was the person placing the child
in that situation, and of this fact there was altogether
an absence of evidence. llis Lordship, after some re-
marks relative to these points, said he should not order
that the prisoner should be liberated, as an indictment
in a different form might be presented.
A verdict of Not Guilty upon this indictment was then
taken.
Alfred Locke, Thomas Jennings, and Ellen Leech were
charged with having committed a burglary on the night
of the 21st of July last, in the house of Deborah Taylor,
and stolen therein upwards of 3001. in money, and some
silver plate, her property.
Mr. Brandt and Mr. Monk conducted the case for the
prosecution; and Mr. James and Mr. Wilkins defended
the prisoners.
The prosecutrix is a widow, and keeps a public-house
in Salford called the Nelson Arms. The front of
the house looks into Chapel-street, and the back into
Sidney-street. On the evening of Sunday, the 2I s t of
April, Mrs. Taylor's bedroom was noticed to be in a
state of safety, and the bookcase, in which the money