The Sun.
London, England, 1844-07-03 00:00:00

LAW INTELLIGENCE

COURT OF QUEENS BENCH, July 2.
(Sittings at Nisi Prius, at the Guildhall, before Lord
DENMAN, and a London Special Jury.)

CONSPIRACY.-THE QUEEN V. LORD ASHBU RTON AND

OTHERS.

This was an indictment against Lord Ashburton, Mr.
F. Baring, and Mr. Mildmay, members of the house of
Baring and Co., for a conspiracy to ruin and destroy the
credit and property or Mr. Kinder, by procuring an Act
of the Legislature of Mexico to nullify a contract in
which he was engaged.
Mr. Erie and Mr. Bodkin conducted the case for the
prosecution; and Mr. Kelly and Mr. Clarkson appeared
for the defendants.

This case, which occupied the attention of the Court
during the whole of yesterday, was resumed this morn-
ing, when the case for the prosecution closed. The fol-
lowing are the facts of the case, as we gathered them
from the evidence of Mr. Kinder, and from the very vo-
luminous documentary evidence which was put in and
read, eonsistine, of all the proceedings in a Chancery
suit instituted by Mr. Kinder against Baring and Co.:—
In the year 1825 Mr. Francis Baring, who was at that
time travelling in Mexico, agreed, in conjunction with
the representative of the house of Mr. Kinder, in Mexico,
to take a very large tract of laud, extending from-ocean
to ocean in that country. Information was sent to the
members of the house of Baring in London, and to Mr.
Kinder, by their respective agents, and it appeared that
both parties were dissatisfied at the purchase. At that
time the house of Baring' held dishonoured bills of
Kinder's to a large amount, and granted him indulgence,
to which Mr. Ede contended he was well entitled, inas-
much as his res mrees had been stopped by Mr. Francis
Baring in Mexico. Mr. Kinder, it appeared, had sug-
gested to Lord Ashburton the propriety of transferring
the purchase to a joint-stock company, but the firm of
Baring, which had kept itself aloof from all joint-stock
companies, refused to accede to such a proposition.
Baring and Company sent out to their agents in Mexico,
warning them as to Kinder's credit, and stating that
they held dishonoured bills of his to a large amount, and
desiring their agents to adopt every means in their
power to put an end to the contract. In accordance
with these instructions, the agents exerted themselves
to procure the passing of an Act through the Mexican
Legislature to nullify the contract. This Act was passed
on the ground that foreigners could not hold land in
Mexico, and it appeared from certain letters from the
Mexican agents of Baring and Co., that one of them,
a foreigner, named Noulti, had bribed certain metn-
bees of the Legislature to support the Bill.
These transactions took place in 1829. In 1830 Mr.
Kinder went to Mexico. He returned to England about
the year 1837, and in 1838 he filed a bill in Chancery
against Lord Ashburton and his partners. They put in
their answer, which gave Kinder access to all the
papers. In 1840, and just as Lord Ashburton was on
the point of sailing for Mexico, Mr. Kinder went before
the grand jury at the Central Criminal Court, and pre-
ferred this indictment, on which Lord Ashburton was
arrested, and gave bail at the Judge's Chambers four
days before he sailed to the United States on a diplo-
matic mission relative to the Boundary Question.
Mr. KELLY, for the defence, commented on the con-
duct of Mr. Kinder, waiting sixteen years before he
brought forward this indictment, and in bringing it for-
ward in the manner and at the time he did, just as Lord
Ashburton was about to leave England as the represen-
tative of his Sovereign. With regard to the facts of the
case, he contended that if the House of Baring had been
desirous of ruining Mr. Kinder, they might have done
so most effectually by securing him on his dishonoured
bills, instead of holding theta even as they had done.
It appeared that at first Kinder had expressed himself
dissatisfied with the purchase, and there was nothing to
show that he had even expressed his satisfaction at it, so
that the house of Baring might well believe that he like
themselves would require to get rid of it. their interests
in the purchase being identical, and as they knew that
Kinder was not possessed of funds sufficient to carry on
the undertaking, it was not surprising that they should
desire to get rid of the connexion with him. There was
nothing illegal in supporting a Bill before the Mexican
Legislature to nullify the contract ; but then it was said
hat Mr. Noulti, the agent, had bribed. True, in his

accounts there was a— sim entered for bribes, but
those bribes had been paid without any com-
munication with the Barings, who knew nothing of
Noulti's acts until after the transaction had been con-

chided, and with regard to those bribes it should be re •
collected, that in many foreign countries it was im-
possible to get any great public business, even of a judi-
cial character, transacted without giving what were
called gratifications to every officer, from the judge down
to the crier. Now, all that had been done had been to
allow these sums in Noulti's account, and no doubt, if
they had not been so allowed, Mr. Kinder would have
called the attention of the Court to it, as a most
unfair and most unjust transaction. Then, with regard
to the communication to the agents on the subject of
Kinder's solvency, that was certainly a confidential com-
munication. No action of slander would lie on such a
communication. If it had been brought. Messrs.
Barings might have justified, and have put in the dis-
honoured bills in evidence, and, therefore, this could not
be given as evidence of a criminal conspiracy to ruin the
prosecutor.

CENTRAL CRIMINAL COURT.
OLD COURT.
(Before the COMMON-SERGEANT.
James Neale, aged 13, and Mary Ann Neale, aged 22, were
charged, Mary Ann with stealing a gold watch, value 221.,
the property of Joseph Vivian, and James with receiving the
same, well knowing it to have been stolen.
The prisoners were in the service of the prosecutor. The
watch was lost, and the prisoners were afterwards found
offering it Sor sale in Petticoat-lane.

The jury found them both Guilty, and they were sentenced,
the boy to three months' imprisonment, and the female to
one years' imprisonment.

POLICE INTELLIGENCE.
(YESTERDAY.)
CLE RKEIV WELL.

Two young men, named Passon and Martin, were charged
with refusing to perform the work assigned them in the Hol-
born union workhouse.

It appeared from the evidence that, on the previous night,
the prisoners were admitted as casual poor, and, having re-
ceived their bed and breakfast, refused to work four hours at
picking. oakum, according to the provisions of the Act of
Parliament, and not only refused, but used the vilest lan-
guage, and threw two bundles of wood at the taskmaster.
They were likewise most impudent to Mr. Wilkes, the re-
lieving-officer.
The prisoners attempted to show that the workhouse-
porter, Barlow, had been insolent towards them, but this ac-
cusation they altogether failed in substantiating.
Martin was sentenced to five days, and Passon to fourteen
days' imprisonment.
MARYLEBONE.

John Brotherton, a sailor, was charged before Mr. Long, by
Mr. James Trinder, landlord of a public-house in Maryle-
bone, with having threatened to take his life, and with using
abusive language towards him.
Mr. Trinder said that the defendant, who was his wife's
nephew, came into his house last evening, and after using
abusive and disgusting language, threatened with an horrible
oath to rip him up. The defendant, to the best of his belief,
was not in liquor at the time.
Two witnesses, who were in the prosecutor's house when
the occurrence took place, corroborated his evidence.
The defendant, in answer to the charge, said he only re-
turned from a long voyage the other day, and that he called
on his uncle respecting some money which he owed him ; he
neither used insulting nor threatening language, and begged
the Magistrate to deal leniently with him as he had a wife
and family to support by. his industry.
The complainant denied that he owed the defendant a
single farthing, he believed him to be a dissolute person, and
bore a bad character amongst his ship-mates.

the defendant promising that he would not annoy his
uncle, he was ordered to enter into recognizances to keep the
peace towards the complainant.

Last week it became a matter of doubt whether or
not the stables in Regent's-park Barracks were infected with
glanders, three of the trooper's horses having been recently
shot, in consequence of their exhibiting symptoms of this
malady. It, however, fortunately proves, upon a veterinary
inquiry which has been made, that the disease is merely
influenza.

THE WEITHER.—THUNDERSTORM.—On Monday
afternoon the metropolis and its neighbourhood, particularly
the west and north-western suburbs, was visited by one of
the most heavy and severe storms of thunder and lightning,
accompanied by a drenching rain, which lasted nearly an
hour. The atmosphere, on Sunday, was exceedingly sultry,
and in the afternoon there were indications of an approach-
ing storm from the west, but a strong breeze springing up
from the north-east, it was not heard or felt in the neighbour-
hood of the metropolis, although it fell heavily over Berk-
shire and Oxfordshire. As the afternoon advanced the wind
shifted to south-east, and shortly after four o'clock dense
masses of clouds appeared on the horison, advancing against
the wind from the north-west, and indicating an approaching
storm. By a quarter past five o'clock they had extended
themselves all over the heavens. The storm commenced
about half-past five o'clock, by. drops of rain as big
as a crown piece, which was immediately followed by
a vivid flash of forked lightning and a heavy peal of thunder.
`A cessation then took place of about ten minutes, when the
whole power of the storm appeared at once to burst forth,
and continued, with scarcely any intermission, until nearly
half-past six o'clock. The storm was most severely felt in
the neighbourhoods of Acton, Wellesdon, Harrow, Hamp-
stead, &c.
CHILD MURDER.—On Monday morning, between
eight and nine o'clock, as policeman Hart, L 58, was on du4 y
in the Belvidere. road, Lambeth, lie was informed that the
body of an infant (not quite dead) was found in the timber-
yard belonging to Mr. Patrick, situated near the old Guild-
ford Barge, in the above road. The policeman immediately
proceeded to the spot, and saw the infant bleeding from
the head, nose, and ears, and lying immediately un-
derneath the wall of a house next to the timber-
yard. On looking about he pc; ceived marks of blood on the
top of the tank, and found the child had been thrown over the
wall from the yard of the house, nearly ten feet in height.
The policeman directly went to the house, and on knocking
at the door it was opened by a young girl, seventeen year.
of age, the sister of the landlady, who with her hus-
band, was from home at the time. The policeman
questioned the girl on the subject of the finding
of the child, but the girl denied any knowledge of the cir-
cumstances, when the policeman, observing that her hands
and apron were bloody, asked her the reason, and 'she be-
trayed so much confusion that he went to the station-house,
and a surgeon having examined the girl, it was at once as-
certained that she ha recently delivered herself of a child in
the water-closet, marks of blood from which place to the
wall, over which she must have thrown the child, were
perceptible. It was found the child was still living, but the
injuries it sustained were of such a serious nature that it ex-
pired in about two hours after the discovery was made. The
girl herself was immediately conveyed to the workhouse. In
the timber-yard, into which the infant was thrown, two large
watch dogs are kept, both of which were found licking over
the body when the horrible discovery was first made.
To nu Worms.--The first furnace at these works
was, on Friday se'nnight, "put in blast," upon which occa-
sion the numerous workmen employed at the place were in •
dulged with " cwrw da." The first tapping of the furnace
took place on Monday, and the second on Tuesday. The
sample is most satisfactory, and bids fair that the iron of the
Tondu works will be equal to that made at any works in the
principality,-.,Cambrian, Julie 29.

MARKET NEWS.-(YESTERDAY.)
HAY PiUtILIEMTS.
SMITHFIELD.—Coarse Mtadow Hay, 31 12s to 4/ ; use-
ful ditto, 4/ 4s to 4/ 12s; Upland ditto, 4/ 14s to 5/;
Clover Hay, 5/ to 61 los Oat Straw, 1/ 12s to 1/ 14s;
'%% Straw, 1/ 14s to 1/ 16s per load. Supply but mode-
rate, and trade steady. s*
CUMBERLA:.ND.—Coarse Veadow Hay 31 15s to 414 s ; use-
ful ditto, 41 6s to 4/ 13s; tine Upland ditto, 4116 s to 5/55.;
Clover Ilay, 4/15s to 5/15s; Oat Straw, 1114 s to 1/ 16s; Wheat
Straw, 1/ 163 to I/ 18s per load. Both hay and straw sold
readily, at full prices.
WIIITECHAPEL.—Coarse Meadow Hay, 3/ 10s' to 41; use-
ful ditto, 414 s to 4/ 103; fine Upland ditto, 41 12s to 5/ ;
Clover Hay, 4/ 153 to 6/ 15s ; Oat Straw, 1/ 12s to 11 14s ;
Wheat Straw, 1/ 14s to 1/ 16s per load. A full average
supply, and a sluggish demand. New Meadow Hay was
selling at from 31 5s to 4/ 6s per load.
comoNzar...
SUGAR.—The market for British Plantation is heavy,
about 300 hhds having been sold at rather lower prices. The
public sales have consisted chiefly of 90 hhds Trinidad, 110
puns Molasses, 11,848 bags Mauritius, and 600 bags Madras.
The Trinidad Sugar and Molasses were taken in, the former
at 563 to 56s Gd for good to fine brown, and the latter at
25s for fair quality, being about the previous value, but
at which there were not purchasers. Nearly all the
Mauritius was disposed of, but went off very heavily,
and at a decline of fully is to 2s, the more particu-
larly on the lower sorts ; low to fine brown brought 48s to
553, an low yellow 55s Gd to 67s ; the Madras sold at 43s to
48s for low to mid brown, which is also a decline of fully 2s.
The only transactions which have transpired worth reporting
consist of three large cargoes of yellow Havannah, contain-
in r, about 7,000 boxes, which have been sold afloat at 19s Gd
to 21s 6d, deliverable either over the ship's side in London, or
near port on the Continent. The quantity of British Plantation
landed last week at the East and West India Docks was 1,121
hhds 161 tierces 211 barrels, and there were taken for home
consumption 1,648 hhds 101 tierces 225 barrels. The stock
in the same places is 11,456 hhds 1,651 tierces 1,762 barrels.
COFFEE.-195 casks 203 barrels British Plantation only
partly sold at rather lower prices.
RUM.—The quantity landed last week at the East and
"West India Docks was 403 puns 22 hhds ; there were taken
for home consumption 80 puns 8 hhds, and exported 34 puns
4 hhds. The stock in the same places is 9,646 puns, 2,070
hhds.

----
SALTPETRE.-1,443 bags Bengal at auction all found
buyers at 24s to 26s 6d fur 11 to per cwt. refraction, being
about former rates.
SPICES.-1,106 bags Sumatra Pepper were all taken in above
the value, viz., at 2,73 d for good black.
TALLOW.—P. Y. C. is in good demand at 41s 3d to 41s 6d
per cwt on the spot, and 42s 6d to 42s 9d for the last three
months. Town is 43s 6d per cwt.
TEA.—The market is quiet and the arrivals have been
large. The stock in London is 31,058,0001bs against
27,822,0001bs at this time last year. The price of Cougou
ord to good ord 10id to Ild, and Twankay good ord to but
mid is 2d to is 3d per lb. The home consumption from
London this year has been 11,793,0001bs or rather less than
last year.
TOBACCO.—The market, during the last month, has not
presented any feature requiring particular observation. Sales
have been effected to a very limited extent, and have in 39a°
instances been rather in favour of the buyer ; neverthess, no
general alteration can be made in the quotations.
HEMP.— The price of clean is 29s to 30, per cwt.

(From the London New Price Current of July 2.)
SUGAR.-To-day buyers of West India Sugar operated
with caution, and the limited business transacted was in most
cases 6d per cwt under the rates of Friday: the purchases
amounted to only 350 hhds &c. including 142 hhds
8 trcs of Barbadoes at public sale, which went off
with heaviness, and at a decline on the rates of the former
sale of Gd for the better, and is per cwt for the lower qualities;
fine yellow went at 64s to 655, good 61s 6d to 635, mid 59s to
60s Gd, low 57s 6d to 58s per cwt. The assortment was large
of all descriptions.
REFINED.-To-day the home trade purchased Refined
goods with reluctance, and reduced rates were accepted,
brown Lumps selling at 73s 6d to 745, and standard Lumps
at 75s to 75s Gd per cwt. Bonded Crushed Sugar is wanted,
and prices are firm at 26s to 26s 3d for first quality.
Mnuninus.-The transactions have been upon a large
scale, but the market having been freely supplied, prices
have suffered a decline of is 6d to 2s 6d for brown and eon':
mon yellow, and is per cwt for the better descriptions. Tlos
afternoon buyers were cautious in their proceedings, in con-
sequence of a public sale of 8,000 bags being declared for
Friday.
EAST INDIA.-This afternoon Bengal Sugar was not s°
much wanted, and two parcels offered at auction, amounting
t. 3,577 bags, went off quietly, but the whole sold at former
rates ; fine white at 65s to 67s 6d, good 63s to 63s 6d, middling
60s Gd to 625, low 59s 6.1 to GOs, middling yellow 57s 6d t°
58s 6d, good middling 595, damp yellow 565, and white 598 6d
to 67s per cwt.
FOREIGN.-Yellow Havannah Sugar has met with atteo'
tion, and in some cases merchants have succeeded in obtain"
,
ing rather higher prices. To-day there was no public sale °:
Foreign Sugar, but privately several inquiries existed;
cargo of yellow Havannah afloat, of 2,500 boxes, sold for
near port at 19s 6d per cwt. On Friday, 250 boxes white 80°
500 boxes of yellow Havannah will be offered at auction. A
CocoA.-There has been no public sale of West India, o°'
privately few parcels have been disposed of, although there
are sellers upon rather lower terms. Foreign Cocoa 11°5
sustained the former value. This afternoon, Bahia (,o'
sold 28s 6tl to 29s 6i for fine bright red, being cheaper. 11
TEA.-The market has presented a dull appearance for
descriptions of Tea since we last wrote. To-day, there icr,
rather more demand for Tea, and prices have made a stancy
it was difficult to purchase common sound Congou
under 101 d per lb.
RICE.-For Bengal Rice full rates have been paid. 11,
Foreign East India Rice more business has been transaetela
at the previous currency. Patna Rice at 13s to 16s; a°
Carolina at 21s, 245, and 26s per cwt. l'ea
COFFEE.-Importers of West India have again supP.',,,
the market largely : still a good demand has been etP:
rienced for all clean qualities, and the rates previously e•st"i;
blished are sustained. This afternoon Mocha at a decline
former rates of 2s to 3s per cwt, fine ord green mixed ele2
garbled went at 66s to 67s 6d, mid greenish 67s ",
to 68s, mid yellow 67s 6d to 68s, triage 47s to 50s, and se',
damaged 34s to 67s 6d; Ceylon fetched 52s for real good olio.
and 48s 6d to 51s for sea damaged first class. East I°.(1„1;
went at 30s 6d for good ord Padang, and 51s for Beog'to
Jamaica all sold at steady prices, good mid fetched 963 a
975, mid 86s Gd to 945, low mid 81s, fine and fine fine °r6d
67s to 755, and triage 54s Gd per cwt. Ceylon Coffee 493
to 50a good ord.
MOLASSES.-For West India rather lower rates are accent e 4;.
Antigua fine new at 265, St. Kitts inferior 23s to 23s 6d, fa
Lucia 22s to 23s ; Trinidad taken in at 25s per cwt for gv:'J,
quality ; East India Molasses at 15s to 17s per cwt duty Pay t,
Jamaica Honey of good and fine quality at 65s to 75s per e'd
SPICES.-Black Pepper has met with a dull demand, °ere
rather lower rates are accepted. In the value of white th
is little variation. Ginger is still wanted, and East Indio,.°„l(f
fetching stiff rates. This afternoon Malabar Pepper D',l
heavy sifted went at' 3ad to 34d, and sea damaged first 311
second class 21,d to 3d per lb.
Russ, BRANDY, AND HOLLANDS.-Jamaica Rum at t
rates ; common quality 3s 2d to 3s sd, fair 33 to 36 per eld,
over proof 3s 6d to 3s 9d, good 32 to 35 over 4s to 4°., to
fine 32 to 36 over 4s 9d to ss, and very superior 5s
5s 4d per gallon. Leewards at 2s 2d to 2s 3d per go'iig
proof strength. Demerara 3s to 3s 4d per gallon for stro
descriptions. Calcutta Rum is 11dto is 111 d P.,3ler
for proof, with certificate. Sellers of Brandy on ls/,
terms. Cognac, best brands of the vintage of 1838, I,;itio
5s 4d, puns 5s 2d ; ditto 1839, hhds 5s 2d, puns ss; I', 5
1840, hhds 5s ld, puns 4s lld ; ditto 1841, hhds ss, P id
4s 10d ; ditto 1842, hhds 4s 9d, puns 4s 7d ; mid to good op
of other brands 3s to 4s 6d, and low 2s 8d to 2s 10d per gall
lon. Geneva for export at Is 9d to Is 10d ; fine in
parcels fetch 3s to 3s 4d per gallon. To-day proof LeaT:iii.
at 2s 2d to 2s 2id, and good brown at 2s 3d per gallon.
cutta at is 112 d to 2s per gallon, proof. but
SAGO -This afternoon Sago met with more attention,
holders were compelled to submit to a decline in prices °loci
to 2s per cwt ; good small white Pearl at 18s to 19s, gida
middling 17s, and fine 20s 6d to 21s per cwt. Bertllo',,i,
Arrowroot went at lid to is ld ; St. Vincents 54d to 12P,
Jamaica 8d to 10d, other sorts West India is to Is
East India 20 to 3d, South Sea 2id; East India T°lll-
rinds 15s to 17s per cwt.
INDIGO.--In East India those parties that are inclined to
realise have been compelled to accept prices 2d to 4d Per
under those of last quarterl
at 801 to
sale.
°rm.-Sperm Oilo 83115 s per tun for fine go hd
a few lots very low, 5615 s to 70/, and Headmatter fetedy
841. For common Fish Oils higher rates have been, 163
tamed. Southern Oil at 321 to 331 lOs for fine, 3°' 0,
to 311 15s for good, and 301 to 30l lOs per tun for conloil
Sales of pale Seal have been made at 351 lOs to 36/. tioai
at 33l 10s to 34l per tun ; Sea Elephants' Oil for expurts i;eo
in bond, went at 26/ 5s to 27155. Olive Oil has been to
sparingly, and lower rates again accepted-Gallipoli lit"„er
to 48l 10s, Spanish 46l to 47/, and Barbary 45l to 45l 10s,yo
tun. Linseed Oil at 25s 6d to 25s 9d per cwt. Cocoii
taken in and withdrawn at 30s per cwt for good. It 9,11 pd
steady-pale at 38s to 38s Gd, and brown 37s to 37s "'lit),
cwt. Palm at 27s to 28s 6d per cwt for good to fine qo,tlf
To-day Linseed Oil firmer at 25s 9d to 26s per cwt curre''
paid.
TALLOW.-For Russian Tallow on the spot a good deli
„el
has been experienced ; P Y Candle at 41s 3d to 41s 6d.t
cwt. For delivery in the last three months of the Year,,lor
42s 6d to 42s 9d per cwt. Town Tallow at 41s to 41s 6';pa
cwt nett cash. New South "Wales at 34s 6d to 415 9d. „":1510,
44s to 458. Odessa 40s to 40s 6d, and South American (Al
41s per cwt. To-day PYC at 41s 6d on the spot, and 410
to 42s 9d per cwt for delivery in the last three months °
year.
[ADVERTISEMENT.] GREAT DEBILITY or ell,
SYSTEM CURED BY ITOLLOWA.Y'S PILLS !-Mrs. Johneo
a lady of fortune, residing in Regent's Park, had let
for the last seven years in a very low, nervous 5!. of
with a deranged stomach, sick head-aches, and l0'," isappetite. She had consulted the first medical °leo('
the metropolis, but got no relief. She is now, hot], 0
by the use of these wonderful Pills, restored to as 11,700
state of health as she ever enjoyed. These Pills s"hose
be taken by all persons of sedentary habits, or W of
constituti ins have been impaired by foreign climate:4l
the baneful use of calomel. Sold at Professor Holloged
Establishment, 244, Strand (where advice may bevel'
gratis), and by almost all vendors of medicine the°
out the civilised world.

BIRTHS. 801
At sea, on the 7th of May, on board of the ship 19.:,
the lady fW. Vansittart, Esq., Bengal Civil Service, Oilesteroi
On the 19th ult., in the Victoria-park, near Mancior,
the lady of Joseph St. John Yates, Esq., barrister-at-
a son.
_.../