The Sun.
London, England, 1844-12-18 00:00:00

December 16.

Mr. Justice WILLIAMS observed that, in his opinion,
the jury had acted wisely in agreeing to the adjourn-
ment, as it was not in the nature of things that, atter an
anxious deliberation of IS or 14 hours, they could inves-
tigate fully, and with that care and attention which it
required. His Lordship then said, it is clear that a
robbery was committed on the night in question in Mrs.
Button's barn by some one or other, and that M'Fadden
was watching the premises in the execution of his duty.
If the deceased then saw a person or persons come to the
premises, and believed that they were there for the pur-
pose of committing a robbery, he was authorised by law,
and it was his duty, to endeavour to apprehend the
men ; and if in such attempt he was shot, and died in
consequence, then the shooting was undoubtedly murder
—of as foul a description as was known to the law, inas-
much as it was the offence of shooting a subordinate
minister of the law. The Learned Counsel for the pri-
soner had very early in the course of his address stated
that, although he (Mr. Justice Williams) had admitted
statements made by the deceased after a certain period,
yet that he had not defined what particular weight was to
be attached to them. He had not done so, considering
that a point for their consideration. The admission ()ranch
declaration was certainly an exception to the general rule
of the law. He had received the declarations of M•Fad-
den, because from his manner and demeanour it was
evident he was sensible his end was approaching. A
dying declaration did not, however, go further than an
oath. They next came to the evidence of the girl B3t-
wright, upon which they had been addressed with great
ingenuity by the Learned Counsel, in a speech deserving
great attention, and the testimony of this woman was
certainly of great importance, and the case would depend
much upon the degree of credit given to it. The Learned
Judge, in conclusion, observed that it was clear on the
evidence that an undoubted murder had been committed,
and that the serious and important question for their
consideration- was, whether or not the prisoners at the
bar, or either of them, were the persons who committed
the murder.

The jury, after retiring for a short time. returned into
court, and pronounced e. ♦erdict of Guilty against the
three prisoners.

Mr. Justice WILLIAMS then proceeded to pass upon
the prisoners the extreme sentence of the law, and ad-
dressed the prisoners in the following words :—" The
murder which has been committed is one which the law
estimates in the highest degree criminal—the taking
away the life of an officer in the execution of his duty.
You have been convicted of the crime of wilful murder,
after a long, anxiously protracted trial, for the purpose
of having every point in the whole evidence calmly con-
sidered and reconsidered ; and lam not aware—l have
that consolation—there has not been one point suggested
on your behalf which I did not, to the best of my com-
prehension, distinctly explain to the jury. Still, the
gentlemen of the jury, after an anxious consideration of
all the facts, have pronounced a verdict of guilty. I in-
treat you, during the short remnant that is allotted to
you on earth, to lose no time, and by an anxious and
unabated perseverance to endeavour to propitiate that
mercy that may be obtained hereafter, and which cannot
be obtained in this world."

The prisoner Shipley seemed deeply affected, but the
Howells not in the least ; and at the conclusion of the
Learned Judge's impressive address, Walter Howell ad-
dressed the following words to his Lordship :—" Do you
reckon you have done your duty ? Every witness I
have had against me I can prove a liar."
With this case terminated the first Suffolk winter
assize.

CENTRAL CRIMINAL COURT.
OLD COURT.
(Before the RECORDER.)
Hew Byrne, the captain of a merchant vessel, sur-
rendered to answer an indictment passed under the
Act of Parliament of the sth and 6th William IV.,
commonly called the Merchant Seaman's Act, charg-
ing him with having unlawfully deserted Charles
Robert Rowe, one of the seamen on board his vessel,
at Port Nelson, without lawful cause, and not having
a certificate from the authorities of that place autho-
rising him to do so.

Mi.. Ryland conducted the prosecution, and Mr.
Clarkson appeared for the defendant.
From the statement of the Learned Counsel for the
prosecution, and the evidence of the first mate of the
vessel, it appeared that the defendant was the captain
of a barque called the Himalaya, and in the beginning
of 1843 he was about to sail on a voyage to New
Zealand and South America. Rowe, it seems, was a
lad eighteen or nineteen, and having a strong desire
to go to sea, contrary to the wish of his friends, they
at length consented, and his father placed him in the
charge of the defendant, and he was rated as an ordi-
nary seaman, and sailed in that capacity. Nothing
particular occurred until the vessel arrived at New
Plymouth, when Rowe went on shore, and, on his
not returning, it was found necessary to send the con-
stables after him, and he was brought by force on
board the ship. He then expressed his regret for
what had occurred, and promised amendment ; and he
again resumed his duty and sailed to Port Nelson,
but on the way thither the crew broke open a cask
which contained a quantity of bottled porter,
and the complainant was found to be drunk in
the hold, and a bottle of the beer was dis-
covered on his chest. On his being remon-
strated with by the captain he was insolent, and said
he would not do any more duty ; and upon the vessel
arriving at Port Nelson he was taken before a magis-
trate, and charged with neglecting his duty and
getting drunk, and the magistrate fined him twenty
shillings, and in default sentenced him to be impri-
soned for ten days ; and at the expiration of this
period, as the complainant did not come on board the
vessel, the defendant sailed without him. In cross-
examination the witnesses said that the complainant
had repeatedly said, while at Port Nelson, that he
would never go on board the -- ship again, and
that when the constable attempted to take him down
to the beach, he resisted him, and got away. It was
admitted that the defendant had not obtained of the
magistrate at Port Nelson the certificate which would,
in law, have justified him in leaving the man behind.
Mr. CLARKSON, in his address to the jury on be-
half of the defendant, commented, in his usual able
manner, upon the facts that had been disclosed in the
course of the case, but at the same time said he was
fearful he could not rescue his client from a verdict of
guilty, inasmuch as he had not acted up to the strict
letter of the Act of Parliament, in obtaining a certi-
ficate of the magistrate at Port Nelson. He argued,
however, that it was perfectly clear the complainant
had virtually abandoned the vessel, and that he never
intended to return to his duty, and the extent of the
offence imputed to the defendant was, that he had
neglected to apply for a certificate to that effect, which
he would, no doubt, easily have obtained, and this would
have entirely shielded him from the present charge.
He said that his client was exceedingly anxious for
the sake of his character that he should lay before the
jury some evidence in support of this statement, and
although he, the Learned Counsel, was fearful that it
could not weigh with the jury in their ultimate de-
cision, yet it would be a satisfaction to the defendant
and his friends to have it shown that he was not
guilty of the wanton and reckless conduct of wilfully
deserting one of his seamen in a foreign land.
Bir. French, the Burgeon of the vessel, and other

witnesses were then called, and they deposed that
when the period of the complainant's imprisonment
at Port Nelson had expired, endeavours were made to
get him on board the vessel, but he refused to go,
and repeatedly, with an oath, declared that he would
never go on board the ship again, and that he resisited
the constable with considerable violence when he at- I
tempted to convey him on board.
Mr. E. R. Arthur, the owner of the Himalaya, proved
that the defendant had sailed in her for five years,
and had, during the whole of that time, conducted
himself with very great propriety; and also that he
was particularly humane and attentive to his crew.
Several other respectable witnesses also gave the
defendant a high character for general good conduct,
and particularly for humanity and attention to the
wants of his crew.

The RECORDER, in summing up, said there did not
appear to be any imputation upon the character or
conduct of the defendant out of this transaction ; but
it appeared clear, from the evidence, he had not ful-
filled that duty the Act of Parliament under which
the indictment was found, and which had a very im-
portant object, required of him. It was very neces-
sary for the protection of seamen engaged in the
merchant service, that the Act of Parliament should
be strictly carried out ; and if the jury believed the
evidence, it was clear the defendant had infringed its
provisions, and that he had neglected his duty in not
obtaining a certificate from the magistrate at Port
Nelson, stating, if it really were the case, that the
complainant had deserted the vessel.

The jury, after a short deliberation, returned a
verdict of Guilty, but at the same time strongly re-
commended the defendant to the merciful considera-
tion of the Court.

The RECORDER sentenced the defendant to pay a
fine of 201. to the Queen.
The fine was immediately paid, and the defendant
left the Court, accompanied by his friends.
James Johnson, who had been remanded from last
session on a charge of burglary, was placed at the bar.
The prisoner was defended by Mr. Horry.
The case was fully proved, and he was sentenced to
transportation for ten years.

In the course of the day, the grand jury returned
true bills against Joseph Elder and -William Burgess,
for the forgery upon the Bank of England.

POLICE INTELLIGENCE.
GUILDHALL.

Thomas Barry, a respectably-dressed young man, who
was remanded on Saturday, on a charge of attempting
to pick a lady's pocket on Ludgate-hill, for the purpose
of making inquiries into his character, was again brought
up in charge of police-constable Wardle, 325.
A policeman of the L division of the metropolitan
police, stated that he had known the prisoner for the last
four years as a member of the swell mob. About that
time he was taken into custody for assaulting the police,
and was sentenced to two years' imprisonment. lie sub-
sequently, about two months since, was brought up be-
fore the magistrates for thrusting a lighted link in the
face of a policeman, and was sent to prison for 14 days.
He was a well-known character.
Alderman JOHNSON said he should send him for seven
days for his present offence, and, as he appeared to be so
well known to the police, he had no doubt it would not
be long before he would be in their custody again.
. Charles Why, a young urchin, about nine years of
age, was charged with stealing a sovereign entrusted to
him, the property of George Brown, hairdresser and per-
fumer, of No. 17, Ludgate-hill.
_

Alderman JotiNso; said that the lad had been often
before brought to the Court. On the last occasion he
was sent, it appeared, with half-a-crown to buy some
meat for the purpose of making a little beef tea for his
sister, who was lying dangerously ill, and that he then
absconded and spent the whole of the money. It ap-
peared that he was incorrigible, and for his present
offence he should send him for three months to Bride-
well ; and in the meantime see what could be dune with
him.

MARLBOROUGH-STREET.
EXCISE INFORMATION.— William Coots and John Hay
were charged by Mr. Knyvitt, an Excise officer, nith
having sold gin in Hyde Park, without a license.
Knyvitt said he had received information that persons
were in the habit of breaking the law by selling gin to
the skaters on the Serpentine, and that, acting on this
information, he went to Hyde Park on Sunday afternoon
to make observations. Ile saw one of the defendants
with a table before him in the park selling something
from a bottle to various persons. He saw the other de-
fendant place a small bottle on the table, from which
both defendants drank a glass of some liquor. Witness
went up to the defendants, and asked what they charged
for a glass? One of them replied the charge for a glass
of peppermint-water was 2d. Witness asked what was
charged for a glass of gin, and on being told 2d. he or-
dered a glass, and was served with the gin, for which he
paid. The defendants were afterwards given into cus-
tody. In their possession several bottles were found.
These bottles were either full of peppermint-water or
smelt as if they had only had peppermint-water in them.
The only bottle containing gin was the small bottle out
of which witness was served.
In defence, one of the accused stated that after
having dinner on Sunday he asked his companion to
fetch some gin for their own use. When the gin was
brought they drank some of it, and at that moment the
Excise officer came up, and as he wanted some gin and
not peppermint-water, and there being about a glass of
it in the bottle, he was supplied with a single glass. The
defendants further said that they only sold peppermint-
water for the accommodation of the skaters.
Mr. NIALTBY had no doubt that gin had been sold im-
properly, but under all circumstances he was of opinion
that the present was not such a case as called for a con-
viction, and he should, therefore, dismiss the complaint.
BENEVOLENCE.—The Earl of C— sent 51., and
A. 8., Conduit-street, il., for the poor-box.
UNION-HALL.

A respectable tradesman of the name of Dronsart,
carrying on business in the City, made an application to
the magistrate under the following circumstances :
He stated that he was the brother of Fanny Dronsart,
a young female, who was charged, in conjunction with a
Frenchman named Charles Richart, with stealing a gold
watch and gold neck-chain, the property of a lady named
Williams, in Stamford-street, and that they were
examined at that court on Saturday ; that since then, he
(applicant) had had an interview with his sister in the
county gaol, and that she there apprised him that while
they were under examination at that court oa the day
above specified, her fellow-prisoner (Richart) made a
confession of his guilt to her, said that he had taken the
watch and chain out of Miss Williams's drawer, and had
pledged the former article at the shop of Mr. Atten-
borough, the pawnbroker, in Fleet-street. The ap-
plicant added that he was persuaded his unfor •
tunate sister had no concern whatever in the robbery.
Mr. TRAILL said the charge was brought before his
colleague, Mr. Cottingham; that he was of opinion the
latter gentleman, would, under the circumstances just
mentioned, sanction her liberation on entering into her re-
cognisance to be present on Wednesday, the day ap-
pointed for the next examination. The magistrate then
directed Burridge, the chief usher, to proceed to Fleet-
street, and ascertain whether the watch was pledged, as
described, at the pawnbroker's.
The officer returned, and reported that the watch was
pledged on Monday last (the day on which it was stolen)
by a man answering the description of Richart.
Mr. TRAILL, upon this information, sent an order for
the liberation of the applicant's sister from the county
gaol; and being afterwards brought up to this Court,
and the necessary bail being entered into, she left the
Court with her brother.
WORSHIP-STREET.

John Harman, alias White, a notorious " smasher,"
was charged upon the police sheet with uttering a
counterfeit half-crown to Mr. Edmund Warlter, a butcher
in Durham-street, Bethnal-green-road.
It appeared from the statement of police-sergeant K 8
that, on Saturday evening, the prisoner entered the
prosecutor's shop, and in payment of some trifling article
he tendered a half-crown piece, which Mr. Warlter im-
mediately discovered to be spurious, and, on looking at
the utterer, at once recognised him as being the same
person who had practised a similar imposition upon him
on the preceding day. On being charged with the fact,
the prisoner made a sudden attempt to repossess himself
of the coin, which, in the struggle fell to the ground,
and finding the butcher was determined to secure it, the
prisoner caught up one of his cleavers, and made a cut
at his head with such force that, but for his fortunately
evading the blow, must have produced fatal conse-
quences. The prisoner, after a violent stiaiggle, was
overpowered, and given into the custody of a policeman,
who conveyed him to the station-house. While the
charge was being there taken against him, the prisoner
made another attempt to snatch the money from the
hand of the prosecutor ; but, instead of getting posses-
sion of the base coin, he grasped hold of a large penny •
piece, which ho ifuniediately thrust into his mouth, and
made an attempt to swallow. He was observed, how-
ever, instantly to turn black in the face, the piece having
got tightly fixed in his gullet, and, after some abortive
attempts on the part of the officers to dislodge it, he was
conveyed, in a state of strangulation, to the London
eawnheeareddtehde
tchoaitn
twheasprfiosorcneedr
stilldow rne his
tut herdo at
nt.
The'i° s!) istelli
the hospital in such a condition as at present entirely
precluded the possibility of his removal.
Mr. BROUGLITON gave directions to. the sergeant to
keep his eye upon the case, and when the prisoner had
sufficiently h d
sufficiently recovered, to bring him to the court, to meet
the charge against him.
THAMES POLICE.
On Monday James Bridgman, alias Smith, and with a
great many other ukases, was brought before Mr. Bro-
derip, charged with breakinginto the Union Chapel,
Poplar, with intent to commit a felony.
Henry Plewrite, a police-constable, No. 106 K, stated
that on Saturday morning, the attention of the inhabi-
tants in the neighbourhood of the chapel was attracted
by the groans of a man, which gradually became fainter.
About six o'clock information of the occurrence was sent
to the station-house, and he walked round the chapel,
and heard a low moaning, and cries of "Help, save me,
lam dying !" Having procured the keys, he searched
the interior for some time, and ultimately traced the
sounds to the chimney of the vestry-room, and then saw
saV U man's
unable legs,toa
don so.
d attemputeedatioenhaulforce but
him he
up the chimney, but with no better success, and the man
in a low tone said he was stuck fast in the chimney and
attemptedhlm
t
dying, and that he could not hold out much longer. He '
immediately procured assistance and demolished the
chimney with pick-axes and crow-bars. About eight
o'clock the prisoner was rescued, quite insensible. A
surgeon was called in, who round him in the last stage of
exhaustion from the cold and bruises he had inflicted upoa
himself in his efforts to get out of the chimney, where he
must have remained for five or six hours. After the pri-

soner was rescued, he was sent to the London Hospital,
and he had just been fetched from that place to answer
the charge against him. He knew the prisoner to
be a notorious thief, and he examined the chimney after
his apprehension and discovered that the top of it had
been taken off and the prisoner had descended through
the opening, and was proceeding towards the vesti y-
room for the purpose of robbing it, when ho became
fixed in the chimney.

Mr. George Cross, of No. 6, Titchbourne•court, Hol-
born, said that on the Ist or 2d of December, 1842, the
prisoner made application to him for employment, and
said he could make himself handy. He ordered him to
come on the following Monday, and found him some
work to do. The prisoner said he had no lodgings to go
to, and asked permission to sleep in the house. H. con-
sented to his doing so, although such an arrangement
was extremely inconvenient. Next morning, before any
one else was stirring, the prisoner decamped after plun-
dering the house of a quantity of tools belonging to wit-
ness and a journeyman in his employ, the apprentice's
wearing apparel, two pillows from the bed on which he
slept, and other property.
The prisoner, who was very ill and weak, and was
covered with soot and dirt, on being called on for his
defence, faintly articulated —"I have nothing at all to
say."
Mr. BRODERIP remanded the prisoner till Tuesday
next, and he was led away by the gaoler.
Monday the Mercers•' Company forwarded their an-
nual contribution of 104. to the poor-box of the Court.
On Saturday the Earl of C--- sent 51.
HAMMERSMITH.
- -

Mr. PAYNTER requested our reporter to acknowledge
the receipt by him, on Saturday last, of two five-pound
notes kindly sent by the Earl of C., one for the poor-box
of this Court and the other for that of the Wandsworth
Police-court.

TUESDAY NIGHT'S GAZETTE.
FOREIGN-OFFICE, DEC. 13, 1844.
The Queen has been graciously pleased to nominate
and appoint William Gore Ouseley, Esq. (now Secretary
to her Majesty's Legation at Rio Janeiro), to be her
Majesty's Minister Plenipotentiary to the Argentine Con-
federation.

The Queen has also been graciously pleased to nomi-
nate and appoint John Fiennes Crampton, Esq. (now
First Paid AttaclS to her Majesty's Embassy at Vienna),
to be Secretary to her Majesty's Legation to the Confe-
derated States of the Swiss Cantons.
The Queen has also been graciously pleased to nomi-
nate and appoint Francis Farrant, Esq., to be Secretary
to her Majesty's Legation at the Court of Persia.
DOWNING-STREET, DEC. 16.
The Queen has been pleased to appoint Denis Benja-
min Viger, Esq., to be President of the Committee of
the Executive Council of Canada.

Her Majesty has also been pleased to appoint Henry
Sherwood, Esq., to be her Majesty's Solicitor-General
for that part of the Province of Canada formerly called
Upper Canada.

Her Majesty has also been pleased to appoint
R. Y. Cummins, Esq., to be Accountant to the Surveyor-
General's Department for the Island of Mauritius.
Her Majesty has further been pleased to appoint
William Dudley Ryder, Esq., to be Assistant Secretary
fur the Island of Ceylon.
CROWN-OFFICE, DEC. 16.

The Queen has been pleased to appoint William Fuller
Boteler, Esq., one of her Majesty's Counsel learned in
the Law, to be one of the Commissioners of the Court
of Bankruptcy, to act in the prosecution of Fiats in
Bankruptcy in the Country, in the place of Edward
Goulburn, Sergeant-at-Law, resigned.
BANKRUPTCY SUPERSEDED.

William Cowland Buttress, silk throwster, Steward,
stone, Essex.