The Sun.
London, England, 1844-05-31 00:00:00

THE MATTER OF THE PRINCESS BARIATINSKI.

The reading of the further evidence in this case occupied
the Court the remainder of the morning.

VICE-CHANCELLOR'S COURT May 30.
The VICE-CHANCELLOR Of ENGLAND was occupied the
whole morning with motions of no public interest.

COURT OF QUEEIWS BENCH, May 30.
(Sittings in Banco.)

CUSTOMS FRAUDS.-THE QUEEN V. BLAKE AND ANOTHER.

The defendant Blake, in this instance had been convicted
at the sittings after last Michaelmas term, at the Guildhall,
of conspiring with the other defendant, who did not surren-
der to take his trial, to defraud the revenue by passing cer-
tain French goods at the Custom-house, at a lower rate of
duty than that which was justly payable upon them.
The defendant Blake was a Custom-house officer,
the other defendant a merchant. In llilary term
last Mr. Cockburn had obtained a rule • nisi for a
now trial on the ground of the improper admission
of evidence; the evidence objected to being a de-
claration made in the absence of the defendant Blake, as to
the purpose for which a cheque of 201. had been paid to him
(Blake.)
The SOLICITOR-GENERAL and Mr. POLLOCK this morning
showed cause against the rule.
Lord DENMAN, without calling upon Mr. Cockburn
to reply, said that in his opinion the rule for a new trial must
be made absolute, on the ground that where parties were in •
dieted for a conspiracy a statement made by one of the de-
fendants without any communication or consent with the
others, and not in pursuance of the conspiracy, but after it
was completed, was not admissible against the other de-
fendants.

The, other Judges expressed their concurrence.
1-Zule for new trial absolute.
THE QUEEN v. MOTTRAM AND WILLIAMS.
This was an indictment against the defendants, who had
been silk merchants in the City of London, for conspiring
with one Bumby, a Custom-house officer, and another person
named Horsley, to defraud the revenue. Williams had
pleaded guilty; and Mottram, who was tried at the Guild-
hall, at the sittings after Hilary term, was convicted on the
evidence of Bumby.

The SOLICITOR-GENERAL this morning prayed the judg-
ment of the Court upon the defendants.
Mr. COCKBURN moved for a rule nisi for a new trial on the
part of the defendant Mottram. This application was founded
upon an affidavit made by the defendant Mottram, in which
he denied the statements made by Bumby at the trial, and
declared his ignorance of the transaction, asserting that all
the frauds had concocted by Bumby.
Lord DENMAN refused the application, as he considered it
would be very dangerous to grant new trials on such grounds.
The affidavit merely denied the facts which had been sworn
to by the witnesses at the trial, and contained a general
assertion of innocence.
Several affidavits in mitigation of punishment were then
put in and read. After *which, ' ' " - -
Mr. COCKBURN addressed the Court in behalf of Mottram,
The defendant, Mottram, it appeared, had not the ma-
nagement of the business, and therefore could not be

supposed to •be very conversant with these matters.
He had fallen a victim to the machinations of the man who
was now living on the price of his infamy, and who, as he
had been the first to denounce, so he had been the first to
tempt. The defendant hlottram had fourteen children de-
pendant on him; he was in an ill state of health; and
considering the ruinous consequences which these proceed-
ings had entailed upon him, he trusted their Lordships would
administer justice with mercy.
The defendant Williams addressed the Court in person, and
said that they were the tempted, not the tempters. Bumby
had sought them, not they him. As early as 1842, he
(Williams) had made a communication to Mr. Dean, the
Chairman of the Board of Customs, offering information
on the subject, and he had received a letter from the Chan-
cellor of the Exchequer thaiaking him for his information
and suggestions. This was six months before Bumby bad
stated anything to the authorities on the subject of these
frauds.

The SOLICITOR-GENERAL, in aggravation; contended that
Mottram was fully cognizant of the nature -of the
transactions in which he was engaged, and with regard to
his family it was much to be regretted that the consideration
for their interests had not been sufficient to keep him honest.
The object of Williams in offering information had been to in-
duce the Customs' authorities to offer to forego proceedings; he
had, however, never given that information. He admitted that
nothing could be said that was too strong against the character
of the man Bumby, but the defendants, persons occupying a
respectable station, had been but too willing to bribe him to
assist them in defrauding the revenue. He submitted to the
Court, that it was necessary to make a severe example of the
defendants.

The Judges having consulted together,
Mr. Justice PATTEsox proceeded to pass the judgment
of the Court as follows :—Peter Williams and Charles
Mottram. You, Peter Williams, have pleaded guilty to an
indictment, charging you with conspiring, with the other
defendants, to defraud the Customs revenue; and you, Charles
Mottram, have been convicted of the same offence by a jury.
Your application for a new trial has been refused,
and I must say that I see no reason to think the
jury were wrong in the decision to which they came in
your case. You have filed no affidavit but your. own, and
had you been ignorant of the transactions it would have been
very easy for the other defendant Williams to have filed an
affidavit to that effect. lie has, however, done no such thing.
It is true you may have been the tempted and not the temp-
ters; but persons like Bumby generally make inquiries be-
fore they enter into communications with parties in your
situation, and it appears that you had no hesitation in avail-
ing yourselves of his offer. Your duty as honest men was
to have at once given information of his offence to the
Custom-house authorities. With regard to the fact of
Mottram having a large family, I entirejy concur in the ob-
servation of the Solicitor-General. One of the affidavits states
that Mottram's health will be endangered should he be
confined in a prison in a close neighbourhood. We must,
however, send prisoners to the prison we think most
proper for them, and, should their health suffer,
they can make application to the proper authorities,
who will remove them if it should be necessary.
We see no difference whatever between your respective cases,
and the sentcnce of the Court is, that you be each of you
imprisoned in the Queen's Prison for 12 calendar months.

COURT OF COIII3ION FLEAS, May 30.
(Sittings in Banco.)
No case of the slightest public interest came before the
Court to-day.

THE STATE TRIALS.

DUBLIN, TUESDAY ETENiNG.

COURT OF QUEEN'S BENCH.. --
AFFIDAVIT OF MR. O'CONNELL-WRIT OF

ERROR

HALF•PAST FOUR. O'CLOCK.-Mr. O'Connell appearel
in court this day for 'the purpose of making an affidavit.
The affidavit, IN e understand, states his intention to
apply for a writ of error, believing that he has good
groundi for doing so.

DUBLIN, WEDNESDAY EVENING.
Shortly after eleven o'clock, the Lord Chief Justice
having called upon the Attorney-General to proceed
with his reply to Mr. M•Donough's argutnent' for arrest
of judgment,

'ht.; RIGHT HON. and LEARNED GENTLEMAN pro-
ceeded to address the Court. He adverted to nearly all
the authorities cited by the traversers' counsel, and con-
cluded his address at half-past one o'clock.
The CHIEF JUSTICE then proceeded to deliver his
judgment. He said that that case had been already so
ably discussed by the Learned Counsel who had argued
it on bath sides, and had been so long under considera-
tion, that he did not feel called upon to occupy a great
deal of the public time with anything which he had to
say about it, the more especially as the different members
of the Court concurred, at least substantially, in the view
which they had taken of the case, and as he well under-
stood that each of them would take that opportunity to
say something to the bar and to the public as to the
grounds upon which their opinion was founded. All
of them, however, agreed in the opinion that there was
no sufficient ground shown in that case for an arrest of
judgment. Two grounds had been put forward by
Counsel in making that motion, which were essentially
different—altogether independent of each other. One
was upon the caption of the indictment ; the other was
on the objections taken to the indictment itself. With
regard to the objection to the caption he hardly thought
that it was very seriously put, or pressed by the gentle-
man who made the application. As to that circum-
stance he might be mistaken, but he had no doubt but
that they had not the slightest foundation to stand
upon that ground. He then read the several. counts
of the indictment, and proceeded to say that he
could. not well understand the arguments that were
put furward by Sir Colman O'Loghlen ; he did not
see that the Constitution should be leas sacred because
it was established by law, and he thought that any
violation of the law was more or less an interference with
that Constitution : be thought, too, that anything that
was by law established could not be broken down except
by a violation of the law, and whatever was done to that
effect was a criminal offence. His Lordship again read
over the whole of the indictment, and continued by
saying that', in his opinion, the charge of duplicity could
not be made at that stage of the proceedings, when the
verdict was had, and everything in the way of explana-
tion gone through. There was a mode, pf pro-
ceeding at an earlier period which, if there had
been proper reason for adopting, the parties might
have resorted to and adopted; they might have ap-
plied to the Court to quash the indictment for want
of simplicity and unity. But as they did not think
proper to take that course, the inference was, that they
proved they had nothing to complain of, and he consi-
dered that it was then too late to make their application;
and another reason that would induce him to pause be-
fore he would yield to an objection of duplicity was, that
he did not at all subscribe to the proposition. His
Lordship took a review of the vailipus charges contained
in the indictment, and in reply to the proposition that
none of them as found by the jdry was a legal offence,
he designated the various branches of the conspiracy as
criminal in a high degree. He dwelt particularly eg the
charges of attempting to excite disaffection in the !twiny
—those relating to the arbitration courts, and the at-
tempts by multitudinous meeting to overawe the Legis-
lature of the country.
Judges Burton, Crampton, and Perrin, fully concur-
red in the judgment passed by the Learned Chief
Justice.

en-Im, JUSTICE—Ur. Attorney-General, have you
anything else to move in this case?
ATTORNEY- GENERAL—I have to move, my Lord, that
the traversers be in attendance to-morrow morning for
the purpose of receiving the judgment of the Court.
Mr. ffoortr.—We have served notice, my Lord, of a
motion which we shall have t,o make in this case, pre-
vious to the sentence of the Court being passed. The
Crown has got from us the earliest intimation of the
motion which it was in our power to give.
COURT—What-is the nature of the motion?

Mr. MoonE then read the following notice of the
motion, addressed to the Crown Solicitor:—

"THE QUEEN V. O'CONNELL AND OTHERS.
" Sir,—Take notice, that in the event of any rule
being pronounced by the Court on the motion to arrest
the judgment in this case, counsel on behalf of the
several traversers will, on Thursday next, or after the
decision of the Court on the pending motion, or when
they shall severally be brought up for judgment, apply
to the Court that whatever sentence the Court shall
think fit to pronounce upon the respective traversers
shall be directed not to commence until such day as the
Cuurt, in their discretion, shall think it right to order, to
enable the traversers to prosecute their writ of error,
and I}ave judgment thereon between the said time of pro-
nouncing the said judgment, and such day'as shall be so
appointed by the Court ; which application will be
grounded on the proceedings already had in this case,
end an affidavit of which I shall send you a copy.—
Dated this 28th day of May, 1844.
" Signed, William Ford, Pierce Mahoney, and the
other attorneys for the traversers.
" To Wm. Kenunis, Esq.!'
Judge CRAMPTON—Do you intend to make any affi-
davits on the part of the traversers?
Mr. MoonE—One was made by Mr. O'Connell last
night, on which I ground my present motion.
Judge CRAMPTON—I am aware you say so; but do
you mean to make any general affidavits?
Mr. MoORE—No.

Judge PERRIN—Then we are to understand that the
traversers do not mean to tile any affidavits preparatory
to judgment being pronounced.
Mr. MOORE--No, my. Lord.
The COURT assented to Mr. Moore's motion being
heard to-morrow morning; and the Court then ad-
journed shortly after four o'clock.
During the progress of the judgment, Mr. O'Connell's
presence elicited a loud cheer, which was repeated in the
hall, and outside the Four Courts, and manifestly inter-
rupted their Lordships.

POLICE INTELLIGENCE.
(YESTERDAY.)
CLERKEN WELL.
James Mahony, a cabinet maker, residing in Harrison-
street, Gray's Inn-road, of dissipated appearance, was
charged with an assault on Mary his wife.
It appeared from the evidence of the wife, a delicate,
broken-hearted looking creature, and her testimony was
confirmed by several other witnesses, that they were
married in Ireland about six years ago, and have three
children. During the last three years his treatment of
her has been systematically cruel. He usually remained
out until three o'clock in the morning, associating with
the most profligate characters, and when-he returned beat
the complainant severely. He at times threatened to
murder her, and the poor woman, with tears in her eyes,
declared that herself and her little children were half
starved. About three months ago he beat and kicked her
se cruelly that her body was bruised all over, and she
was confined to her bed for a week in consequence.
On the previous night about twelve o'clock, when he
came home she was sitting with Mr. Whitter and his
wife, wbo lodge in the upper part of his house. On
hearing his foot she hastened to him, bUt on reaching
the foot of the stairs he knocked her down with a:blow,
and kicked her while lying on the ground until she was
almost insensible. She bled profusely from the nose and
mouth, and felt quite lame in the morning fpom a kick he-
had given her on the hip. Mr. Wilson, a licensed
victualler, and 101 E, rushed into the house on hearing
Screws f murder ; they owcorci that when they arrived

the woman was bleeding profusely from the mouth, and
l
that the prisoner, seizing a screw-driver, made a an
of it at Mr. Wilson's throat, but he fortunately
the Wow. The prisoner then tore the coat off Mr. 10'
sou's back, and the waistcoat and stock off another Vera
son. It was with the greatest difficulty he was conveYe
to the station-house.
Mr. GRCEEWOOD asked Mrs. 'Mahon how she could
support herself and children in case he sent the priserle'
to the House of Correction? The poor woman,
said she would return to Ireland with her children,'
hopes that her relatives would support her.
'The prisoner, when asked for his defence, sullenly °b.of
served that his wife was continually accusing hi •
keeping bad company,
Mr. GREENWOOD said it was very, little wonder - ire
should do so. The present was a most brutal and stot
ing assault. He would fine the prisoner 31., or six Wet,
imprisonment for the assault, and 75., or a week's
prisonment afid hard labour for the wilful damage.

- Not havmg the money, he was committed. -
A boy named Bowman, aged about 16 years, rig
charged with stealing from the eminent watclna.'lo
establishment of Mr. F. T. Dent, in the Strand, a go,
watch, chain, and seal, value forty guineas, the proPer6'f
of Lord Canterbury, the late Speaker of the Howse
Commons.

Mr. Williams attended on behalf of the prisoner. of
It appeared from the evidence of a great nuinber,
witnesses, that on the 25th of April, about ten o'cleekilli
the day, the prisoner went into Mr. Dent's shop, area
asked if an errand-boy were wanting; he was answeibe
in the negative, but still lingered in the shop, neltr
counter. The watch, which had been just called for,,aa
the owner, who was sitting in the shop at the tinie,,un,
been placed upon the counter by Weatherly, the pl
man. About two minutes after the prisoner le ,t tola
shop, the watch was missed, and has never been folios
since. A day or two after the robbery the prisoner
committed for trial at this Court on a charge of robblo
the National School in Hatton-garden, of a quantitybc
school- books, and he was then identified to
Weatherly' and Colter, Mr. Dent's shopman and pori),`
as the person who had been in the shop just-before t!.
of
robbery. The prisoner was acquitted of the chargreo
book-stealing at the Middlesex sessions,,but was a;, e,
arrested and brought before the Magistrate hare,
he acknowledged having stolen the watch, but said ho
had giver. it to a fish-selle,r, named Tom Richards, ivde,
kept a shop in Baldwin's-gardens. Search was mate
but Tom Richards was no where to be found, nor P.
been since captured—a fact which reflects no credit -61
the vigilance of the . new police. A tinman, 031,0
Brown, living in 48, Baldwin's-gardens, deposed 10,
the prisoner offered for sale to him a gold watch, CllO
and stal, corresponding in all respects with the stfo
one, and asked Si. 10s. fur it. Brown said he was The
it must have been stolen, and refused to buy it.
sc(i
boy said it had been stolen by another person :
Brown suffered him to depart with the watch. I),a`ity
previously, however, taken its number, and insuewr,
following entry, " Gold watch, No. 6,199, Dent, n'a ,61
Strand, "being the identical words and figures engll'
on Lord Cant'erbury's watch.
These facts having been deposed to, depositioils 10
trial were taken down, and the witnesses bound overbo
prosecute at the ensuing sessions of the Old Bail09„1';
the prisoner will be again brought up, that Mr. p'"
testimony may be added to the above.

QUEEN-SQUARE. h
Charles Clack, a painter, was charged by Mr. ~st•
the relieving officer of St. Margaret's parish,
minster, with deserting his three children, the eldloor
whom is fourteen years of age, and the youngest is!i,
months, who thereby became chargeable on that P3l. hi;
The defendant said he would have supported 01;
children if he had had work—he did not desert ti!et,
he had only been employed four days since the 6thillie'cr
Mr. Thomas said he might have had relief On
ployment, if he had applied to him.
The defendant said the moment he had obi
work that assistance would have been discontinued' 0
He was committed to the House of Correction il)r
month.
a• aver'
Edward Houghton was charged with stealing 01-Lri;tll
book and a Bible from the new church which has

been erected in the Broadway, Westminster. cl
From the evidence it appeared that the prisoner, the
had been previously seen in the church, came in. ,ices
sacred edifice the previous evening about twenty tt;
sat
before the evening service usually commenced. t')
down in one of the free sittings immediately adjace'dires
two pews rented by Mrs. Cook. There were only ices
two
persons in the church at the time. The vestryrice``ad
Mary Adam, observed the defendant staring at her'to
she went up to him, thinking that he had sometlll9slo°
say about an insane man who is in the habit of att'e'ter
the church, but he did not sneak to her. ShortVoi,
wards she missed two books which were in Mrs•
pew a few minutes before. She mentioned the c"' tba
stance to the defendant, who said he had not Wei", re'
books. From information which she subsequen'''3o
ceived, the deft nclint was asked to step into the /eb
where the clergyman informed him that he had
pointed out by a member of the congregatiell
believed that he had secreted the books on his PLe" bad‘
The defendant immediately acknowledged that ne tcf
taken the books, and produced them from some Parreo
his clothing, and said he took them through disttood
When taken into custody nineteen duplicates were
in his possession, three of which were for eleven 13('
which had been pledged. e
The defendant who had nothing to say to the C--titor
was committed for trial, but ordered to be broug
again on Thursday next.
John Dixon, a roan about thirty years of age, 111-1-;va'
with paralysis, was charged with a violent, and 111,;41'
rently. unprovoked, assault upon a woman of questh`or
able virtue, named Harriet Martin, and on Adam Sat'

laid, a pace:llan who had him in custody.
_„4th
The defendant, who has an impediment in his sr-4,
which prevents him from speaking for some tun°2"hic
entered into a rambling and incoherent statement,`rW hicit
had little or nothing to do with the offence with
he was charged.
, 0.. t
lie was fined 51. for each offence, or, in defaui4
committed for two months. ith
_Samuel Diyby, who was charged on Moods/0101e
indecently assaulting a little girl, between sever,oo4
eight' years of age, was brought before Mr• 01$4
yesterday, having been remanded until that diti9
he was 1111451, and in default of payment he vs6s
mitted for two tnonths to the House of Correction'
UNION-HALL. e
John Tyler was brought before Mr. Cottingharikebsrb-vl;
Mr. Carman, landlord of a public-house in Fr- fifo
street, Bermondsey, with stealing two gold wate_.ll7o
tb
gold seals, 401. in fourpenny pieces, and other property
amount of 1001., the property of the complainant. ,vc
Mr. Child, the solicitor, who attended on the pa:, otra
complainant, stated that the prisoner was a slater, s°,,,s'oo
capacity had been employed at the complainant's
some time past. On Wednesday last Mr. Carman veti`;s
for the purpose of going to Epsom races, and on h.,„l°d tillro
the same night, about half-past nine o'clock, he f° '";lid t of
that the drawers in his bed-room had been opened, 'coat ip
gold watches, together with other property to the 3n
1001., stolen. The prisoner was in the house on the,tto pr:4
question, and had access to the room from which , hai
perty was taken; and the landlord's wife noticed CO'
let
the place bore his usual time. P
A witness was called, who stated that he was tlis,er
to a fruit salesman in the Borough market, firoou'r
Thursday last (the day after the robbery), di* ;pilbvild
called on him, and invited him to take some liquor st,„ : $ 0
house in the market. He accordingly went with hid' id
while they were drinking together, the prisoner pullewitse;e
watch out of a leathern bag, and, exhibiting it tt:iteggPe'.-,,
asked him if it was not a handsome article. The
cecded to describe the appearance of the watch, ''froto
actly corresponded with one of the watches stolen
comp ailnant's house.
The prisoner, who merely denied the charge, wasrentpsi
CLEIIKENWELL.
A young man, named James Dear, was charg'-its ca pa
offence very common in this district, and which Pithy
much annoyance to the inhabitants, carrying "
matter in a leaky cart, without a cover. tbe
Mr. Baldwin, assistant-surveyor of highways to rola/ its
of Clerkenwell, deposed that, at nine o'clock this °tpe
saw the prisoner driving a cart, so leaky that one- d, to Ai
contents leaked out upon the Bagnigge- the
great annoyance of passengers and detriment o
itself. . ineSt
.11
The MAGISTRATE regretted that the Act of Par,'.ees.-
,100
not make the masters liable, instead of the ernP,o) o,
would commit the prisoner under Michael Ange°
Act, and fine him seven shillings. .

G1)501
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,044

BIRTHS.
On the 15th inst., at Naples, the lady of Fiorgeo
Es., of a son. Thoul-
On the 19th inst , at Florence, thelladr of J. P'
En., of Sunny Bank, Brecnockshire, of a,*daughter'

ARIED.
On the 29th inst., at St. Giles's Church, tlic!tere
M of
Vincent, bf.A., to Elizabeth Hale, second daalfa.,
Rev. Henry Budd, Rector of White Roothink

doge'
DIED. or" •
0f Tre 0
On the 22d ult., John Doumall, Esq., ifilll'e
Knightsbridge. El 0,
On the 10th inst., at the Grove, Hounsl°lv' vtr
_.# 0 r
wife of James Ensor, Esq.
On the 24th inst., the Rev. Joseph Cook, of 3-Ce1"°600146
Vicar of Chalton, aged 85. Dir J°ll° 4
On tie 25th inst , Charlotte, the wife a • 0 0
Meyer of the andsworth-road. „.est Orel(
On 'the 25th inst., Elizabeth Anne, y 09,115 cp.
only surviving daughter of John Clarke, DS(l.'
street, surgeon.

fhtol4l
Ityr; lf'
London : Printed and'Yoblished /11040%c,,, 10;ii 01
No. 112, Strand, Printer, at TL Sign 0 •
of
Strand, in the Precinct the SOW', tli
bilddieaoXlFriday, May 31, 1844.

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