The Sun.
London, England, 1844-01-04 00:00:00

LAW INTELLIGENCE.

INSOLVENT DEBTORS' COURT, Jan. 2.

IN RE JOHN CAMPDELL.

This case had been partly heard on a former day, when the
insolvent was opposed by Mr. Cooke, and the hearing adjourned
to produce a person named Langdon, who held a bill of sale of
all the insolvent's property, which had been executed in July,
1842. That person had allowed the property to remain in the
insolvent's possession up to the present time, the bill of sale
being in possession of an individual who resided in his house.
Mr Langdon having refused to give up this document,
Mr. Cooke intimated that, under the Ist and 2d Vic. c. 110,
sec. 61, the bill of sale was valueless, it being enacted that un-
less the goods were sold before the insolvent went to prison,
they belonged to the assignee.
Mr. Langdon said he could not help that, as the circum-
stances now stood.
Mr. Cooke said the assignees were determined to bring an
action against Mr. Langdon, to try the merits of the case.
The insolvent was eventually ordered to be discharged.

WINTER ASSIZES.
IVES7ERN CIRCUIT.
Chester, Jan. 2.
MORMONITES.—Jonathan Pogmore (44), and Thos.
Cartwright (28), were indicted, the former for having, in the
township of Monks Coppenhall, on the 23d November last,
seized Sarah Cartwright by the neck, and feloniously, wilfully,
and negligently cast her into a certain brook, in which she was
choked and drowned ; and the other prisoner, Thomas Cart-
wright, was charged with aiding and assisting in the said man-
slaughter.
The Attorney-General, and Messrs. L. Trafford and Towns-
hend, appeared for the prosecution, and Mr. Temple for the
prisoner.
The ATTORNEY-GENERAL said the two prisoners at the
bar were charged with manslaughter, by killing and slaying a
person of the name of Sarah Cartwright by negligence. This
was rather a notorious case, and would require the best at-
tention of the jury. It appeared that the prisoners were
what were generally called " Latter-day Saints," a sect of
religionists in the neighbourhood of the railway station at
Crew. The deceased was the wife of the prisoner Cartwright;
and one of the tenets of the sect was to baptise those per-
sons who joined their body. The person for whose death
the prisoners were upon their trial, was persuaded by them to
be baptized, and the place where the baptism was to be per-
formed was at a brook called Coppenhall Brook, about a
quarter of a mile from the residence of the prisoners. Pog-
more and Cartwright accompanied the woman, who went volun-
tarily into the brook, when Pogmore immersed her in the
brook once or twice. She struggled and got loose from him,
and was drowned. The brook was much swollen at the time,
and the question was, whether the death of the woman was
owing to a want of ordinary caution on the part of the pri-
soners. The Learned Gentleman was then about to call his
witnesses, when it was found that no one was present whose
evidence was of the slightest use in the case ; neither was the
attorney in Court. The Court waited some time, and his
Lordship asked the name of the attorney in the case. Mr.
Lowe, the attorney (of Nantwich), was called frequently, but
he did not answer. After waiting some time his Lordship said
he would not wait ; the case must. proceed in the usual course.
It was well known that the case was to come on this morning.
The Attorney-General then called the following witnesses :
Miahael Linty, a police constable, said. that on the morning
after the death of the woman, Pogmore showed him the place
where they went into the brook. When the water was low, it
was two or three to four yards broad, and not more than a foot
and a half or two feet deep in ordinary times. Upon this occa-
sion there were seven feet of water in depth, and it appeared
that the water had been nine feet deep.
James Moore was next called, but did net answer.
After some time, the following witnesses came into Court:—
George Bazely—l live at Crewe, in theparish of Monks Cop-
penhall. I went on the morning after this occurrence to search
for the body of the deceased. The brook is about three quar-
ters of a mile from the railway. I found the water swollen, and
the body was amongst some trees on the bank of the brook.
There was only a flannel singlet on the body. I assisted in
carrying the body home.
Cross-examined by Mr. Temples—l never saw the river Jor-
dan nor any of the waters mentioned in Scripture. The brook
is in a retired valley.
Lucy Massey—l am a dressmaker at Monks Coppenhall. I
knew the deceased, Sarah Cartwright. She was about 30
years of age. I saw her on Thursday, the 23d of November.
She said something to me.—(Mr. Temple objected to the
witness stating what took place. )—lt was about one o'clock
when I spoke to her. She was quite well then. I saw the
' body the next day. It was the body of the wife of the prisoner
Cartwright.
Ann Peace was called, but she could prove nothing material.
James Moore was next called, but not appearing, he was
,called upon his recognizances.
William Robinson, Mary Awn Moore, and George Slater,
were also called upon their recognizances.
Mr. Lowe, the prosecuting attorney, at length came to
Court, but he did not explain the reason why either he or the
witnesses had not been attendance.
His LORDSHIP said he would not suffer the public time to be
wasted in this scandalous manner, and he ordered the recog-
nisances of all the witnesses who had not appeared to be
estreated.
Mr. Temple submitted that the prisoners must be acquitted.
The JUDGE—Yes. But there is a great failure of justice in
this case. I shall not allow the costs of the prosecution.
The jury, under the direction of his Lordship, acquitted
both the prisoners.
Mr. Temple said he heard his Learned Friend, the At-
torney-General, talking about the coroner's inquisition. He
called upon his Learned Friend to proceed at once upon it, or
to enter a nolle prosequi.
Mr. Hill—l shall use my own discretion. The prisoners
have, not yet been arraigned upon the inquisition.
The prisoners were then removed, and the Court proceeded
to try a prisoner for a burglary.
Robert Howe was indicted for a burglary at Staly, and found
Guilty.—Sentence was deferred.
The prisoners Pogmore and Cartwright were next arraigned
upon the Coroner's inquisition, for the manslaughter of Sarah
Cartwright.
The ATTORNEY-GENERAL said he should not offer any
evidence in the'case.
The JUDGE, addressing the jury, said, no evidence was offered
for the prosecution, and very properly. A bill had been found
by the grand jury, and in consequence of the culpable neglect
of the parties who ought to have attended on the part of the
prosecution, they had been acquitted. He thought it would be
too much to try them after having been acquitted. Addressing
the prismters, his Lordship said—With your peculiar
tenets I have nothing to do. but it was most culpable and
incautious on your part not to examine the state of the
brook before you went in. Let the event which has happened,
and the distress which I have no reason to doubt you both must
feel, he a warning to you for the future to be more cautious.
There were three witnesses who did attend. Let them have
their expenses, but let no other person have expenses of any
sort.—The prisoners were then discharged.
THE Mu envy. AT DELAMERE.—This afternoon the Grand
Jury brought in a true bill against Samuel Maddocks, for the
murder
Baileyg gamekeeper to George Wilbraham,
Esq., at D
August last, and ignored the bill against
John
A a of
d de Matthias
oiacin
k s e,
hisrein Au
brother.

OXFORD 61RCUIT.—Stqfford, Jan. 2.
(Before Mr. Baron Rotex. )
HIGHWAY ROBBERY.- Thomas Ward and John Hodgkin-
son were charged with highway robbery on the person of Edw.
Rowley.
Mr. Allen conducted the case for the prosecution ; the
prisoners were defended by Mr. Woolrych.
The prosecutor' an elderly man, whose answers to the ques-
tions put to him by the Learned Counsel occasioned consider-
able merriment in Court, stated that, as he was returning home
from Abbot's Bromley, about half-past ten on the night of the
20th of September, he was suddenly attacked by the prisoners,
who plundered him of his watch and some silver that lie had
about him ; and as his despoilers, whom he had known for ten
years, were inhabitants of the same village where he resided, he
jest no time in giving the alarm and procuring their apprehen-
sion. The prisoners had been absent from home during the
whole of the night, and on searching Ward, two shillings were
found secreted in one of his boots.
For the defence, it was urged that the prosecutor was in such
a state of inebriation at the time in question as to render it im-
possible for him to speak with any degree of certainty to the
prisoners' identity, and several witnesses were called to corro-
borate this view of the case. They failed, however, in con-
vincing the jury of the inaccuracy of the old man's statement,
for they immediately returned a verdict of Guilty.
They were sentenced to be imprisoned and kept to bard
labour for 15 calendar months.
The remaining cases will be easily disposed of in the course
of the day.

CENTRAL CRIMINAL COURT.
OLD COURT.
(Before Mr. Justice ERSKINE.)
John Clinch and Thomas Horne, two Kensington omnibus
drivers, surrendered in Court, to answer a charge of feloniously
killing and slaving William Knott.
Mr. Adolphus prosecuted, and 'Messrs. Clarkson and Wilkins
appeared for the prisoners respectively.
The circumstances under which the charge was made were
of rather a novel character. The indictment alleged that the
defendants drove furiously and improperly past a certain dray,
of which the deceased was the driver, and that in consequence
of this furious driving the horses in the dray became terrified
and started off, and threw down the deceased, the wheel of the
dray going over him and inflicting injuries, of which he died.
To support this charge several witnesses were called, but the
testimony was of a conflicting character. It appeared that
on the 9th November the dray, which was one of Messrs.
Gosling and Co.'s, was proceeding along then Kensing-
ton road towards London, the deceased, not being
the regular driver, hut having the horses placed
I ,
in his charge by the driver, who was riding at the time in the
dray. The prisoners, who were each driving an omnibus,
came up to the dray near Kensington Church, and both of them
attempted to pass the dray, one on the near, and the other on
the off-side of that vehicle and,
according to the testimony of
some of the witnesses, in consequence of the speed they were
going at, the dray-horses were frightened, and started off, and
the deceased, in attempting to stop them, was thrown down by
the dray, and received the injury of which he died. The evi-
dence was not by any means clear as to the precise manner in
which the accident occurred ;
and the evidence as to the speed
at which the prisoners were driving was very contradictory,
some of the witnesses stating that they were galloping, and
others, that they were going at a very moderate pace; and, so
far as the prisoner Horne was concerned, it appeared pretty
clear that ewes not driving fast at the time the accident
happested.
The case for the prosecution having closed, Mr. CLARKSON
asked his Lordship whether he thought there was any case to
go to the jury against his client Horne ?
Mr. Justice ERSKINE said the case certainly was very
weak, but still he did not think he ought to withdraw it from
the consideration of the jury.
Mr. CLARKSON then addressed a few observations to the
jury on behalf of the prisoner for whom he appeared.
Mr. WiLeirrs took some technical objections to the indict-
ment, but they were overruled by the Court.
The Learned Counsel addressed the jury for Clinch.
He called Mr. Commissioner Bullock to speak to his
character, and that
veral years as coachman to some ladies of his acquaintanee,
gentleman said he had known him for se-
and he always bore a very good character.
Mr. Justice ERSKINE having summed up, 'the jury, after a
short deliberation, returned a verdict of Not Guilty.
The prisoners were ordered to be discharged.
John Goan,
59, was indicted for cutting and wounding
Maria Caffyn, with intent to do her grievous bodily harm.
Mr. Clarkson prosecuted, and Mr. Ballantine defended the
prisoner.
It appeared that the prisoner had assaulted the prosecutor,
who is his wife, with a poker, but it was clearly shown that he
was at the time in a state of insanity.
The jury accordingly acquitted him on that ground, and he
was ordered to be detained in custody during her Majesty's
pleasure.
The RECORDER sat in the evening, but the cases disposed of
were of no public interest.

On Tuesday a General Quarter Session for the pre-
cincts and liberties of the Tower of London, was held at the
Court-house, Wellelose-square, Thomas Walsh, Esq., in the
chair. Both grand and petit jury were sworn, but there being
no businesi whatever to be transacted by either, they were
disobarged.

POLICE INTELLIGENCE
(YESTERDAY.)
MANSION-HOUSE.

Several omnibus drivers and conductors were summoned for
having loitered on their way through various parts of the City.
In one case the defendant was charged with having loitered
beFore an Ealing omnibus, while another omnibus was follow-
iug for the purpose, as wai evident to all, of preventing the
Ealing vehicle from obtaining a fair share of passengers. It
was stated that the driver of the omnibus which the others
were endeavouring to injure, was a well-conducted respectable
person, who was obedient to the directions of the officers ap-
pointed to superintend the arrangements of the streets.
Sir GEORGR CARROLL, on inflicting the full penalties upon
this defendant, said that in adjudicating in that manner, he
carried out the intentions of the Lord Mayor,particularly as the
defendant had joined with another in the endeavour to prevent
the Ealing driver from gaining bread for his family. He also
stated that upon any occasion in which such suspicions were
proved, he should take care to act with two-fold severity to the
offending parties, and he directed the police to observe the con-
duct of all persons who engaged in such unfair courses with pe-
culiar strictness, and to report them punctually.
The defendant asked what would be the consequence if he
refused to pay?
Sir GEORGE CARROLL—One month's imprisonment in
Bridewell.

The defendant paid the fine and costs.
Another omnibus driver was summoned for having, four
different times, violated the law by crawling along Cheapside
and other streets. _

The defendant made a great number of excuses, and per-
sisted in talking, although several times called upon to be silent.
He was fined. _ _ .

We are requested to acknowledge the receipt of 51., by the
Lord Mayor, for the Poor-box, signed " Ingleter," and 11., the
produce of a wager upon the result of the last election for the
Mayoralty of the City of London.
BOW-STREET.

A well dressed young man, named George Smith, was
charged with stealing a large cigar case, containing a quantity
of cigars, from the counter of Mrs. Anna Maria Lyons, No.
2, Wellington-street, Strand.
It appeared that, at one o'clock yesterday morning, F 4
observed the prisoner in Wellington-street, just above the pro.
secntrix's shop, stooping down over a cigar box, from the
compartments of which he was filling his pockets with cigars.
He could not give a satisfactory account of how he became pos-
sessed of the box, so he was taken into custody. Upon in-
quiry, it was found that the box had been stolen from the
counter of the prosecutrix's shop the night before.
The prisoner said he found the box lying in the street.
He was committed for trial.

Mr. Simpson, the landlord of the Albion Tavern, in Little
Russell-street, was summoned before Mr. Jardine for having
his house open on Sunday night last for the sale of spirits.
Inspector Logan proved that he went into the house on
Christmas morning at a quarter past one o'clock, and saw several
persons in the defendant's house drinking spirits. .

The defendant said it was impossible to clear his house in
less time than half an hour. The theatres were not over till
twelve o'clock, and he was placed in great difficulty, as he
could not order them to go out. lie frequently had 150 persons
in his house to supper.
Mr. JA UDINE said it had been proved that spirits were sold
in the house after twelve o'clock at night, and he should, there-
fore, fine the defendant in the full penalty of 51. and costs.
The money was immediately paid.
Mr. Robert Flagg, landlord of the Red Lion, Houghton-
street, St. Clement Danes, was fined N. for a similar offence.
The defendant expressed his determination of appealing
against the decision of the Magistrate.
CLERKEN WELL.

John Trebble, lately discharged from the N division of po-
lice, was charged with stealing several publicans' pewter pots.
The charges were fully proved against the prisoner, who
wus fully committed for trial.
By a strange coincidence the policeman whom the prisoner
succeeded, and whose letter and number he bore, was tried and
convicted for a similar larceny.
Charles Alfred Freem,,n, a footman in the employment of
Mr. May, a solicitor, residing at 14, Queen-square, was charged
with attempting to violate the person of Frances Wilde, his fel-
low.servant, and threats ning to murder her.
The case, which was of an aggravated character, was fully es-
tablished, and the prisoner committed.
John Green, alias Roon, was committed for trial, for a bur-
glary at the house of Mr. Jackson, a gentleman, residing in
Charles-street, Clerkenwell.

FIGHT amongst the ABORIGINES.
(From the New Zealand Mercury.)
On Tuesday last, a great number of the abori-
gines, amounting to more than 100 men, women,
and children, passed through the town to Camp-
bell's 11111, for the purpose of holding a corro-
bery. It was evident from their manner that
they were two hostile parties, and that one was
somewhat suspicious of the other. They en-
camped at different places on the bill, near the
old Black Swan, and held their corrobery during
the night. One party consisted of the Mait-
land tribe, and a few of the Sugar Loaf,
Wollombi, and Glendon tribes; the other
of the Port Stephen and Paterson tribes. About
eight o'clock on 'Wednesday morning they com-
menced fighting in a paddock at the back of the
Old Black Swan, and the Maitland tribe and
their friends were driven by the others to a
paddock near Mr. Pilcher's house. Here the
Maitland tribe rallied, and the noise they made
attracted the attention of several of the residents
in the neighbourhood, who repaired to the
scene of action. The Maitland party had
not less than six muskets amongst them,
of which the Port Stephen blacks seemed to
be much afraid. Mr. C. Prentice, who was on
the ground, endeavoured to quiet them, or at all
events to induce them to lay aside the fire-arms,
and whilst he was talking to them, constables
Tonge and Grant, who had been called upon by
a half-caste female belonging to the Port Stephen
tribe, came up. On seeing them, those blacks
who had the muskets retreated into the bush,
and hid them. The withdrawal of the muskets
seemed to give fresh courage to the Port
Stephen party, for they immediately raised
their war cry, and sent a shower of spears and
boomerangs upon their opponents. The whites
upon this declined to interfere, and left the nas
tives to settle their dispute according to their own
fashion. The Maitland tribe and their friends
stood their ground fur a short time, and fought
with their spears and waddles, but they
presently gave way, and retreated towards
where the muskets were hid. They were
pursued by their enemies, but the barrels
of two muskets pointing from behind a tree
stopped the latter in the pursuit, and another
shower of spears was sent by each party.
Presently one of the muskets was fired at a
Port Stephen black, who was in a crouching
position, and was endeavouring in that man-
ner to make his way to some of his friends
who were fighting under cover of a fence. The
ball struck Mtn in the nose, and he instantly
fell. The Maitland blacks then retreated in
the direction of Mr. Holden's house, and were
pursued by the Port Stephen men, with loud
yellings. The chase continued for about fbur '
or five hundred yards, when they came up with
a black of the -Wollombi
.tribe, at whom 10
of twelve spears were thrown, but none of
them took eflect. Al length one man came up '
with him, and knocked him down with his
waddle ; he was then speared in the thigh and
knee, and three or four coming up they knocked
out his brains with their waddles. The back
part of the poor fellow's head was lite-
rally beaten to pieces. The Port Stephen men
apparently satisfied with this retaliation, gave
over the pursuit, and returned to Mr. Pilcher's
paddock to the man who had been shot, and who
was not then dead ; he died, however, shortly after-
wards. The Maitland blacks and their friends re-
treated into the bush near Stoney Creek, and
the Port Stephen and Paterson tribes almost
immediately left the ground, and, corning down
the hill, crossed the river. Two or three hours
afterwards two of themseturned and buried the
man who had been shot. There appeared to be
about fifty men on each side. The cause of the
quarrel could not be clearly ascertained. One of
the Maitland men told constable Tonge that it
had arisen from the Port Stephen blacks having
stolen their blankets ; but this Can hardly be
correct, as the fight appears to have been deter-
mined on for some time past ; some of the Mait-
land men having been heard to say early in the
week that they expected the Port Stephen tribe
to come to fight then' during the race week.
Some of thent have told other persons that the
quarrel arose from the Maitland blacks having
some time ago killed one of the Port Stephen
tribe. An inquest was held on the bodies of
the two men who had been killed on Thursday
afternoon, at the Northumberland Hotel.
The Coroner was anxious to discover, if
possible, by whom the blacks had been
furnished with fire-arms, as there is a
penalty of 20/. upon any person so doing. It
appeared from the evidence of constable Tonge,
that one of the blacks of the Glendon tribe said
that the arms were given to them by Mr. Scott,
of Glendon, for the purpose of shooting ducks.
A musket which had been hid in the head of a
tree, and the lock of which was a good deal out
of repair, and an empty powder-horn marked P.,
which had been found after the battle was over,
were produced at the inquest. The jury returned
a verdict of Wilful Murder against some per-
sons unknown, supposed to be aboriginal blacks,
and the Coroner said he should cause an inquiry
to be instituted, to ascertain whether the arms
had been given them by Mr. Scott, and for what
purpose. A post mmlein examination was made
on the bodies of both the men who were killed,
by Dr. Sloan ; the body of the one who had
been buried being exhumed for that purpose,
He was buried in a very shallow grave, near the
spot where he was shot, wrapped in his blanket,
and a sheet of bark laid under him, with his
broken waddle by his side.

INCENDIARISM IN BEDFORDSIIIRE.—We under-
stand that Government have sent down three detective police-
men to assist the constabulary of this county in the detection
of the villians who have committed the late acts of incen-
diarism on farming property. We are happy to state, that the
farmers are also exerting themselves for the protection of
their property and the prevention of this crime,- by
placing watchmen on their premises ; and, as instances of
the advantages of this system, we may state, that on
Thursday last, William Bone was fully committed to Hertford
gaol, by the bench of magistrates at Luton, for setting fire to
Mr. Rudd's farm, called Gouche's farm, near Dunstable. On
the 26th Robert Truett, a labourer in the employ of Mr.
Swannell, was remanded by the Rev. J. B. Magenis and the
Rev. Vere Alston, until Monday, on a charge of having set fire
to the farm of Mr. ; Swannell, at Telmersham.— Cambridge
Advertiser,