The Sun.
London, England, 1828-11-28 00:00:00

MURDER at BIRMINGHAM, and INQUEST.

An Inquest was held on Wednesday, at the Wool-
pack Inn, Moor-street,before Mr. Whateley, Coro-
ner, on the body of.Tohn Dwyer, who was murdered
in London Prentice-street, on Sunday night, by a
party of Irishmen. The Coroner-refused allowing
notes of the evidence to be taketi, but the • following
account will be found quite correct as to general
facts:
Dwyer, who was an Irishman, went, with three
other persons, on the evening of Sunday, No.
vember 23, about seven o'clock, to a public-house
in London Prentice-street. The party sat down
to cards, and continued playing the game called
" Five-and-Twenty" until ten o'clock ; they played
for ale, the two best games out of three win-
ning. On leaving the cards, ten pints of ale re-
mained to come in, which was drank by the party,
who, during their gaming had been as busily occupied
in drinking. Whilst drinking this remnant of the
winnings a female named Dunn entered the room ;
Dwyer offered her a cup of ale, but she, seeing a
woman named Donally, who cohabited with Dwyer,
by whom she has one child, having had others by
her late Inisband, who was killed by a fall from a
scaffold, refused taking it. In a very short time
after Dunn's daughter came in, who was also asked
by deceased to drink, which she declined accepting,
although she did not exchange a word with him,
but left the room, returning shortly to the door and
beckoning Dwyer, who was opposite to it, to go out
to her, which lie did, and found her conversing with
a person named Michael Burn. He pushed Burn
aside, and probably cut him, for Burn went to his
lodging-house, kept by Thomas Carr, alias Curran,
to whom he indignantly complained that Dwyer had
come between him and Mary Dunn and cut his fore-
head open. While this was going on, the woman
Donally went to the entry to hear what was the
conversation between the deceased and Mary Dunn.
She there was accosted by Carr, who had a brick-
bat in each hand, and enquired where Dwyer was.
She asked, " What do you want him for ?" to
which he replied, " He has opened the forehead of
one of my lodgers, and have revenge before I
sleep !" On hearing this remark deceased came for-
ward and said " whose forehead have I opened ?"
desiring Carr to bring the person forward that he
might be seen. The woman Donally urged
him to go home that he might be up early
in the morning to go to his work; he replied,
" Never mind, my wench, I shall bring you home
seventeen shillings on Saturday night.' Deceased
then proceeded to his lodgings, 32, London Pren-
tice-street, and caught hold of the latch to open the
door, but found. it locked, Donally having the key.
While she was getting it, Thomas Murray came be-
hind him with la mason's shovel, and struck him a•
violent blow on tha head, which krougbt him to
the ground. Michael Burn struck him with another
shovel on the back, on which Carr struck him with
the brickbats, exclaiming, " Lay on the -."
The woman Donally called out " Murder !" and the
deceased said, " Oh, dear Betty, my back is broke,
lam a dead man." John Shellman, a friend of the
deceased, alarmed at the
Anise and cries? pante up,
and when he saw Dwyers situation, offered la for
the man that struck him. Thomas Murray, on this,
came out, and said, " I struck him, and would serve
any one the same way who'd take his part." Mur-
ray and his companions then returned to the public-
house. Mary Dunn endeavoured to lift deceased,
but when she had raised him on his feet, found he
was unable to stand, and he fell from her fin the
ground. He was then removed to his lodgings,
placed on the floor, and surgical aid sent for, as was
also a Roman Catholic clergyman. When they an.
rived life was nearly extinct, and all efforts made to
awake him to a consciousness of his situation were
in vain. He died about half-past one o'clock? a. m.,
on Monday.
After a laborious examination of the witnesses,
which occupied nine hours, a verdict was returned
of " Wilful murder against Thomas Murray, Mi.
ehael Burn, and Thomas Carr (otherwise Curran).
The Coroner immediately committed them to take
their trials at the next Assizes.

SUICIDE.—A man named WARRINGTON, a
hatter, and who was in custody at Union-hall, for stealing
a shawl, strangled himself yesterday in the lock-up room
at that office. ,

LAW INTELLIGENCE. -

COURT OF KING'S BENCH, Nov. 27.

Mg KING V. YOUNG.

Mr. BROUGHAM showed cause against a rule?nb'
tained by the Solicitor-General, calling upon the -de'
fendant to show cause why a criminal infornitian:"
should not be filed against him for a libel upon:t.ord
Strangford, upon whose application 14 rule 10
obtained. The libel, as set forth in Lard Strang''''.,
ford's affidavit, appeared in The Sun evening Ti
newspaper of the 7th of August last (the chire'',
was material), and was in these words—"
direct the admirers of Lord Strangford to an
article from the Times of this morning, which ‘4,4/,,.1
be found under the Spirit of the Public Journals ,
(that is, that it would be. found in another Page',
in another part of that paper). Referring to tit.
article, the libel went on, " For such a charge:.'"
(that is such a character as that described in tt.be;,' ,
article from the Times), we would not accept (.11e
embassy to the Brazils. To the friends of libertl'
and liberal principles, it must be very consolatoril
that the reviler of the memory of Mr. Canning w0111`"::=
hardly be believed upon his oath—certainly not le
his honour, at the Old Bailey !" It then contained othrt,;
matters relating to Lord Strangford, and concludeu..,lll
thus, " It was this hint which enabled his LordSlo,.
to write that very characteristic piece, at the Eltg:;
lish Opera, entitled, He Lies like Truth." Tios,
was no doubt an impeachment of his Lordship's re;
racity. Lord Strangford, in his affidavit, state" ;'
that he firmly believed it was intended to impute
falsehood to hilly; and so it was. That could !It
he, and was not, disputed. Lord Strangford say
that " it was unfounded and untrue, to imputes
to him the having reviled the memory of 0%;
Canning, for in no speech nor publication, 06'i'
made by him, bad he ever been such a re..OP
viler." The charge was, that he had done 9°1(1
and he (Mr. Brougham) had in his hand the mestl';..)
of substantiating that charge. His Lordship's afP,J
davit concluded with a general denial of the itnPottig,':l
tions made in the libel. Now, the Court would 01r:,.
serve, that these charges had reference to a state.
ment of facts contained in another part of the sa°4%,l,
paper, a particular statement of facts, and given 7,711
great detail; and that the libel was, in fact, but d_iri?;
ductions drawn from the facts or allegations so swi",
out, whether true or false. A charge of falseh°'/,:ei
was upon that statement, copied from the Tinted
made by The Sun. This Lord Strangford did otA
deny ; not a single fact of the statement from thee'
Times, containing as it did so many special and
tailed allegations against him, and an reference VV.
which alone this general charge of falsehood Wsg-:
made against him, and of which general charge sita.
inference he complained. He did not deny any oe
of these facts, but only the deduction drawn frog-"
them; he gave the go-by to the facts, but traversed
the inference. What was his answer to the obW''
vation in the paragraph, that " he was not to 1;4
believed upon his oath or his honour?" He replied
by saying that he " verily believed that allegation t°.
be unfounded,—(what man would say less of big':
self ?)—for he was not aware that either in pobllei'l
or private life he had said or done anv act or vrerwe4
whereby the veracity of this deponent could
justly (justly; would any man say ?) questione.t4„:
nor why full credit may not—(may not, that ts',.
ought not')—be given to his assertion." Here ttir,
denial ended, but he (Mr. B.) submitted that it
no denial at all of the facts. The affidavit only stater
generally that the deponent had done nothing 71;
public or private life to make him unworthy :
credit ; but was this an answer to the substantie,
,chhaircghesaloofnefatlbseehsenogdenemraaidechaagargeinss
were
ehri
em
m,
ade
and ?
(Mr. B.) should now call the attention of the Cout:i
to these charges, which were set out in detail, 01„,
were within the knowledge of Lord Strangford, ntsr.

could, therefore, have been denied by him.
the
Mr. Justice PARKIt here inquired whether mito
statement to which Mr. Brougham was about

allude was contained in the same newspaper ?
Mr. BROUGHAM replied in the affirmative, it Iv°
copied verbatim from the Times into The Sant'
The libel invites the attention of its readers to it Plc;
ticular statement in another part of the paper, 61;4
then goes on to say--" For such a character as tb;',
we would not take the embassy to the
&c. It then makes charges of falsehood found
upon that statement, and reasons upon they''.
whether true or false. That statement was in then"
terms—
" We had thought that his Lordship was too well kn° c,.
to his late and present patrons to be again trusted With'•
in, any negociation of importance. The extent to WI,
he misled his own Government, and through his ugl,"bie
vernment that of Russia, with respect to the success P.OO
negociation at Constantinople, and the uncerereo°loo ,
manner in which the Emperor turned him adrift when ;it
by Mr. Canning to St. Petersburgh to justify Lis coojev
or support his statements, are now, unhappily for his VIA
ship, as well known as his pretended triumph at
about twenty years ago. The more than diplame44°fiio
dom which his Lordship takes with matters of fact, to 0
him the jest of all diplomatists; while otherwise his magleo
and conduct beget towards him in Courts a distaste e
greater than the disrespect of statesmen. These (10°Iit0(
ought to save the Emperor of Brazil from the inflictie°4
his Lordship's mission, even though he had done nothing
late to excite public attention to his character." 10
" Of his late oration against Mr. Canning, to wholnx,
owed his undeserved advancement, we shall say ootlat4
It has already been done justice to by the taste and g;,
feeling of every man whose hatred of the deceased stsl,e•
man his Lordship's gratitude was not intended to set
but on the occasion of hie second mission to Brazil, we tag
not altogether omit a notice of his late pamphlet resPee'
the Brazilian emigration." thin
He (Mr. B.) bad an affidavit to show dist e'
pamphlet was published in Lord Strangford'sle
and by Mr. Murray, his publisher. In this palf,
let would be found a contradiction of certain sif;gri
rnpnt.7, mate by this same riobie Lotd some be
ago. These contradictions possibly he might et
able to explain, and the inconsistencies, 110`.00,
gross, might be such as he might be able to rec.
cile. And possibly Lord Strangford had been 0 •
belled in this publication, but he (Mr. B.) suhlridtrivi
'that it must bp by sow otlipr ;pulp of prticee:ool
than this, by action or indictment, in the ordlot
way, that his Lordship should seek redress. .0 %
complaint was, that Lord Strangford, without brl fer
ing himself within the largest rule of the Court
granting criminal informations, namely, that the
should at least deny the truth of thp irnpfltf9
had sought the prdection of the Court.
"It will be remembered, that towards the end of 180 "
late King of Portugal (then Prince Regent), ell thew,
trance of the French into his dominions, and the pilj
tion of a notice in the Moniteur that the
of Braganza had ceased to reign,' had been hll'
embark suddenly in a moment of alarm tp4 041 W
Rio de Janeiro,;,-1 measure which the "British G°
nsent had been urging upon him in vain for some I:°°''
before." f tbia
Lord Strangford claimed the whole merit dee
proceeding to himself, as would be seen; by a Jo
patch, sworn to have been published ip the 1i99
Gazette, for December 180 Y, that fact being ver
by an affidavit, which he, Mr. Brougham, held
his band. tie
" Lord Strangford, who was then our Envoy et At
Court of Lisbon, and who bad o.!en employed to r

rule ob•
the de

)rtnatil
on Lor'"
.ule was
Strang'
evening'
be dam'
We

to an
,
ich
irnole
er /44.,
to that
iariecrd.r
in the
cept the
Ilbertl'
solatoti•
[ig Would,
got uP°ll
edother
IncludeLl
aordshi?
le Evr.
Thi,

yip's
, State('

!Ilthe Weak and vacillating Regent the necessity
Dating to America, to preserve the independence of
k'n and a portion of his territory, had been expelled
kel:bon, without having been able to overcome the re-
" f the Court to so perilous and repulsive a step. The
)70:: of the invader, however, and the denunciation of
httoweer, were stronger than the representations of
a'Y; and, accordingly, on the 27th of November
kr' Family embarked for the new world, to avoid
i of their Spanish relatives in the old. Lord Strang-
tt'll!d not let such an opportunity pass without taking
t). himself for the success of his fruitless efforts, and
kitilly, though be had avowedly failed in persuading
ent.to take refuge in his fleet, and had himself been
to move on board the British squadron off the bar
t_i, he claimed the whole merit of the emigration,
patch of which the following an extract :
ii_. is

i I secordingly requted an audience of the Prince Re-
together with due assurances of protection and se-
pt, and upon receiving his Royal Highness's answer,
vZded to Lisbon on the 27th, in his Majesty's ship
i e, bearing a flag of truce. I had immediately
)444*. elting communications with the Court of Lisbon,
Imbirs of which shall be fully detailed in a future
D., ~
14't, said Mr. Brougham, if words were to be
11E.

rence
)3cl
Ire an'
any one
wn frnril
raverse"A

ie
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replied
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estionew.
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at it
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orthy c),;
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nd uPa°
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to a PI C;
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Preted by their plain import, the meaning of
itta s&lge would be no less than this—that the
kation of the Court of Portugal was the result
Cth. intercourse between Lord Strangford and the
e Regent of Portugal, and that it was by the
ht t, persuasions that he had been induced to
itZlboard with all his Court for the Brazils. It
be seen from the Noble Lord's pamphlet, that
tiv
a a different account of this transaction; but,
zany
person, reading that despatch, to interpret
"4‘wise than according to the plain import of the
'he statement went (na—
mes to mention in this place, that the
wisely directed all his apprehensions to a
Tad all his hopes to an English
,fleet; that
most explicit assurances from me, that
iuld generously overlook those acts of un-
Imentary hostility, &c., &c. ; and that the
In before the Tagus should be employed to
'eat from Lisbon and his voyage to the

iorable despatch is dated November 29, his
Hibernia, off the Tagus.' Now, who
unless almost on the evidence of his own
infession

ision, he (Mr. B.) held in his hand)
,mplicated, that this Hibernian despatch,
_ Tagus, November 29, was actually
Btuton-street, London, on the 19th of
that the Diplomatist, who on the 27th
so dexterously landed in Lisbon to direct all
Ipprehensions to a French army, and all hie
;lish fleet,' never saw the Regent at Lisbon at
non, and was only admitted to an audience
Highness had actually embarked ? This
icts,—this undeniable departure from truth,
net venture more particularly to charm:-
mown and established by irresistible evi-
-41,-- . the Brazilian emigration ; and being safely
ed at Rio de Janeiro, King John was exceedingly
ito on reading in the diplomatic despatch an account
4,tagency by which he was persuaded to leave Europe
was only within the last two months, and in his
let in answer to a note of Colonel Napier's History
CG Peninsular War, that his Lordship himself con-
-4: t 0 the charge of having written his despatch in Eng-
''tiluld or never having seen the Regent till on board.
IltLe reader confront the following statement made by
td'hip in 1828, with the above London-written ex•
the despatch, dated ' His Majesty's ship Hibernia,
Tagus, in 1807 :'—
arrived at Lisbon on the night of the 28th inst.,
allnost immediately saw Mr. D'Aranjo, who was al-
°u board ship. .1 then proceeded to the vessel in
: the Prince Regent was embarked, and notwith-„
11 the assertion to the contrary in Colonel Napier's
4„had a long and most confidential interview with his
,1
Highness. I had then, as Colonel Napier truly
no power either to advance or retard the emigra-
i but when did I ever assume that I had, or take any.
to myself for any thing that passed at that inter-
4bWith his Royal Highness ?' "
'l4 though his Lordship did not land at Lisbon on the
,i4,ltnd had not the good fortune to meet with the Royal
1 till the 28th, when they were on board—,
the menaces of the Moniteur and-the protecting
ton of Sir S. Smith did the whole work of diplomacy,
Lordship was the chief gainer by the transaction."
41leh was the statement which Lord Strangford
If gave in his pamphlet, besides much more

Itlye to the alteration in his despatches, which it
not be necessary to 'trouble the Court with.
t asserted that Mr. Canning induced him to write
.despatch as if from Lisbon, when, in fact, it was
ten in London; but this was now disclosed for
tst time, and since the decease of Mr. Can-
so it rested entirely upon his word, unsup-
td by affidavit. To entitle these statements to
t, they ought to have been verified upon oath.
,t;44titted he saw M. d'Aranjo, and hinted that it
, by his influence over him that he accomplished
!titi ends, though he then asked," when did he ever
rtZne that he had taken credit for that ?" This was
e gloss, for the Court must see that the bent of his
I ee.Nl`lning was t estalish the idea of his personal in-
Wheno he sbtated that the Prince Regent
IN influenced by his fears of the French Army,"
it not this substantially taking credit to himself for

light ip which he had wrought upon the Prince's
lit'd? In his first despatch not a word was said
the Prince Regent having any intention of em-
!ig,but the next announced the fact of riis having
t:eltdy embarked, as if the embarkation and emigra-
'
tioll of the Royal Family were the creatures of his
tiNence. Did not the assertion that "he had seen
i! Prince, and removed the only obstacle which was
his way," savour of the same vanity ? The
aPatch was dated the 29th of November, 1807,
Was published in the London Gazette of the
4kwing month. It was in these terms :
of a despatch from Viscount Strangford to Mr. Se-
" cretary Canning :
" His Majesty's ship Hibernia, off the Tagus,
" Nov. 29, 1807.

p(.4 Sirp—l have the honour to announce to you, that the
h_rlf!ve Regent of Portugal has effected the wise and mag.
ioN'imous purpose of retiring from a kingdom which he
Old no longer retain, except as the vassal of France ; and
tl3t his Royal Highuesz and family, accompanied by most
I,2is ships of war, and by a multitude of his faithful sub-
cud adherents, have this day departed from Lisbon,
'r'q are now on their way to the Brazils, under the escort
• British fleet.
1,:4 This grand od memorable event is not to be attributed
it'ely to the sudden alarm excited by the appearance of a
theuch army within the frontiers of Portugal. It has been
genuine result of the system of persevering confidence
t.. 71 moderation adopted by his Majesty towards that coon-
-7 ; for the ultimate success of which I had in a manner
tendered myself responsible; and which, in obedience to
lour instructiops,' I had uniformly continued to support,
hen under appeatuncea of the most discouraging nature.
*4

(What was this but taking the whole credit to

glinself.)
` This morning the Portuguese fleet left the Tagus. I
‘At the honour to accompany the Prince in his passage
der the bar. The fleet consisted of eight sail of the line,
'‘,lr tarp frigates, several armed brigs, sloops, and cor-
p
,ttes, and a number of Wait' amounting, 1 believe,
aboirt 36 sail in all. They passed through the British
Itittadron, and his Majesty's ship fired a salute of 21 guns,
~.*hich was returned with an equal number. A more in-
7esting spectacle than that affi,rded by the junction of the
'wct fleets has been rar,ly beheld.
L'' On qpitting the Prince Regent's ship I repaired on
4,iard the Hibernia, but returned immediately, aceorn-
'lnied by Sir Sydney Smith, whom I presented to the
prince and who was received by his Royal Highness
With the most marked and era, ions condescension !
" I have the honour to incicse lists of the ships of war
which were known to have lett Lisbon this morning (he
at that moment in Bruton-street), and which were in sight
It few hours ago (pretty long sighs frolll Prntou-street to
the Tagus). There remain at Lisbon four ships of the
line, and the same number of frigates, but only one of
taeh sort is serviceable.
" I have thought it expedient to lose no time in communi-
tc. his 31a)esty's Government the important

14,
imputege TI
uld auk ,It 'suffices
)rd sai;* Reegrment y
a''
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w
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a state ~, tilt Pty
be 5ai11e,,,,, off the
"
given 10',IrlStit in Bt
but de' . 'h4ernri,eand
is so sel, 'lttles',7l
Ilsehooa,,,: ttl3, au Engl
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Ogee , 1::1.4,_t occasi
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