The Sun.
London, England, 1844-11-18 00:00:00

birb Ettitton

THE FUNDS-(C

OSING PRICES)
_ FUND&

BRITISE
Bank Stock."... ..... ex div. 205
9 per Cent. Red 99%
3 per Cent. Cons. 100%
334 per Cent. Red .....
New 11k per Cent...-....... 102
New I per
Long to expire
Jan.
Jan.
Indian

Ditto Bonds £l,OOO —
Ditto under £l,OOO 76 pm,
South Sea Stock
Ditto Old Annuities
Ditto New Annuities
Bills, 10001. I%cl
Ditto 5001. -
Ditto
Bank Stock for Acct —
Consols for Act lOO%
India Stock for Acct —
I FUNDS.
Russian, 5 per Cent .....
Ditto,
Spanish, 5 per Cent., 18401. 23%
Ditto, 1841
Ditto, 1842............. .......
Ditto,
Ditte, 1844
Ditto, 9 per Cent .. ... 35%
Venezuela Bonds, 2 per Ct —
French, 5 per Cent., —t. -c.
French, 3 per Cent --r.
Exchange ...... —f. —c.
Dutch, 2% per Cent
1 Ditto, :5 per Cent ... 99%
SHARES.
Birmingham and Gloucester (100 paid).......... .....
Ditto New Shares, 17% paid ..... ........ ....... 24
Bristol and Exeter (70 paid)
Chester and Holyhead ( 5 paid)
Chu rnet Valley, 2 paid
Edinburgh and Glasgow, 50 paid 5B
Ditto Quarter Shares (12% paid)
Great Southern and Western (Ireland) 5 paid
great Western (75 paid)
Harwich, I paid I%
London and Birmingham (Stock)
London and Blackwall (161 13s. 4d.) 6
London and York, 2% paid
alanchister and Birmingham
Norwich and Brandon, 6 paid .........
York and North Midland (50 paid) ICS
Ditto, Selby Scrip, 20 paid...—. 69
Orleans sad Sourdeaux, I paid .....
Paris and Lyons, 2 paid 3%
earls and Orleans (20 paid)
Paris and Rouen. 20 paid 39

FOREIG

Austrian, S per Cent .......
Belgian, 5 per Cent............
Brazilian: Bonds ..
Buenos Ayres, 6 per........... Cent..
Cuba Bonds, 6 per C0nt.....
Chtlian, It per Cent
Colombian, 6 per Cent 13%
Masi; 3 per Cent
Greek, 16•=5, 5 per Cent....
Mexican, 5 per Cent 35%
Neapolitan Bonds,s per Ct...
Prussian Bonds, 4 per Cent.
Perusi.in Bonds, 6 per Ct...
Portuguese Bonds, 5 per Ct

COMMON PLEAS.—(THIS DAY.)
(Continued from our Afternoon Edition.)
ECKERSLEY V. BARKER.
This was also an appeal from the decision of the re-
vising barrister for South Lancashire. The vote was
objected to on the ground of imperfect description of the
qualification, and the barrister decided against the ob-
jection.
After hearing Mr. Cockburn for the appellant, and
Mr. Sergeant Kinglake for the respondent,
• The COURT took time to examine the schedules.
CUMING V. TOMS.
The appellant in this case having objected to the
r qualification of the respondent as an elector of the
borough of Totnes,l the revising barrister refused to
entertain the objection, on the ground that the notice
served upon the complainant was not sufficient.
Mr. COCKBURN, for the appellant, stated that the no-
tice was sent by post, in strict accordance with the 100th
section of the Act, which provides that at the time of
• posting the notice a duplicate should be presented with
the letter to the postmaster, who, on comparing that
duplicate with the notice itself, should put the post-office
stamp, with the date upon both documents, and that the
production of the stamped duplicate should bo proof of
the service of the notice. The revising barrister held
that the evidence of the person who delivered the letter
to the postmaster was necessary. That decision he (Mr.
Cockburn) submitted was directly opposed to the letter
and intention of the Act of Parliament
Mr. Sergeant KINGLAKE contended that the words of
the Act required the notice to be presented to the post-
master by the objector himself, and that it was not com•
petent to do that by a third person ; or, if so, that third
person should be called to prove the service.
The-CounT was of opinion that the Act had been
complied with by the objector, and they reversed the
decision of the barrister.
Their Lordships then rose.

BANKRUPTCY.—(THIS DAY.)
(Continued from our Afternoon Edition.)
(Before. Mr. egmmiwioner FONBLANQUE.)
IN 118 TOLLEMACUE, LORD RUNTINGTOWER.
This day liaving been appointed for the final hearing
in this case, his Lordship attended in Court, accompanied
by his solicitor, Mr. Lewis.

- Mr. EDWIN JAMES app] ed for a futher adjournment.
His Lordship was placed in the somewhat singular posi-
tion of an only son to a wealthy nobleman, but yet who
was altogether dependent upon his mother for his
pecuniary.all6wances. He hoped to be enabled, however,
to pay all creditors, and at the next hearing he should be
competent to say in what manner, for as to-morrow was
appointed for the judgment in another court in a suit
for an increased allowance entered by Lady Dysart
against her husband, which suit ought and was likely to
be decided in her favour, she would be enabled to spare
more to her son than at present she could possibly do
from her limited allowance of 3,000 L per annum. His
Lordship's father, with an income of 50,0001 a year, had
not expended one shilling upon his soi from the day he
was sent to Eton, where of course he was obliged to live
as did his equals. Upon that ground he craved a further
day, before judgment would be given by his Honour.
Mr. Commissioner FONBLANQUE said he wonld rather
rest on the justice of the father than the affection of the
mother. ,
Mr. CHAMBERS attended for some of the creditors, but
as they only wanted their money, he could have no hesi-
tation En acceding to Mr. James proposition, as it seen ed
a very reasonable one.
The case was then deferred till the 20th of January.

SPIRIT of the PUBLIC JOURNALS

FROM THE EVENING PAPERS OF THIS DAT.
GLOBE.—The Bishop of Exeter's judgment in
the matter of the charges against Mr. Blunt, the
curate of Helston, is a subject of too much conse-
quence, in various points of view, to be disposed of
in a summary manner. The public will learn from
it that a curate is right in refusing to bury with the
Church service persons baptised by Dissenters--in re-
fusing to marry persons unless they can show that
they have been baptised by clergymen of the Church
of England—in refusing to pray—refusing to use the
universal prayer of the Christian, with a pa-
rishioner and a fellow- Churchman, because the poor
man had been baptised by a Romanist priest in Ire-
land? Not because we cannot be "in communion"
with Rome—not because Rome is a false, or a cor-
rupt, or an anti-Christian Church, as vulgar low
Churchmen hold—but simply because .a ußdinanist in
the United Kingdom is a schismatic, according to the
interpretation which the Rev. Mr. Blunt, in the ex-
ercise of his " private judgment," puts on the legal
effect of certain transactions which occurred three cen-
turies ago! They will learn, too, that the more in-
tense the feeling of discontent excited in the minds of
some Churchmen who have the misfortune to he under
the care of such fanatics, by these wretched acts of
bigotry—the more "utter the disturbance and inter-
ruption of spiritual comfort to others, pious and
humble church-goers, who take no part in the theo-
logical contests of the day, by the endless succession
of unmeaning changes in the ritual, by the monoto-
nous bitterness of weekly denunciations • against
schism, by the violence of manner and language, the
brawls, the scandalous indecencies which are certain
to follow the ministrations of such aman—tbe more
determined countenance and support the clergy-
man is sure to find from his diocesan, if he have the
felicity to be planted within the diocese which en-
joys the superintendence of Bishop Phillpotts.
Our object to-day, however, was to compare what
has passed at Helton with the goings on in another,
diocese. The charges against Mr. Blunt, brought by
the churchwardens and a great body of parishioners,
as we htoe said, were manifold : many wilful changoi
in the , service, many practices in the peeformance
of clerical &isles, which the complainants knew to
be utterly unworrlss4; and believed to be illegs.l.
They have been severdi reprimanded for daring
to make such complaints at aLI. The excellent
pharge •of their pro-Tractarian Preitits4 has been
the subject of...the Morning Post's leading a;ljels's
of pmegric. Now, in a parish in Berkshire,
the clergyman has thought proper to introduce
one change—to establish the weekly collection
of the offertory. This is conduct of which, for
our own parts, we disapprove, simply because we
believe that for any clergyman, of his own "private
judgment," to introduce innovations from the ordinary
practice, on the pretext of his own interpretation of the.
Rubric, is a folly,;:to call it no worse, which almost
invariably leads tolled consequences; as hundreds of
instances have verified. Still, of all the crotchets of
Tractarian gerstlemen,.our readers will probably be of
opinion that thisietine of the least ungraceful and the
least offensive to any common feeling or prejudice..
Not so thinks me Walter of Bearwood, whose soul
Mr. Cameron has in charge. As the former gentle-
man has given.all•the publicity the press can afford
to his controversy with his spiritual instructors and
superintendent's, we cannot be trenching improperly
on personal privacy in making it matter of fair com-
ment ; and we promise, beforehand, to treat him with
much more respect and civility than the leading
correspondents of the Leading Journal treat the
Bishop of London: We are acquainted, then, by
Mr. Walter through the press, with the steps he
thinks it right •to take when his spiritual instructor
proposes something lie Les not approve. We
do not undertake to say he is wrong in his
" private judgment." Far from it; we think that
if individual clergymen may start innovations, indi-
vidual parishioners may resist them ; nor do we admit,
in any case, even. the collective right of the clergy to
act as the Church, as if the laity were no component
members of that Church. It is not for the purpose 01
censure, hut of somewhat piquant contrast (to which
we shall come presently) that we notice the case in
question. Mr. Walter, then, "agitates" among his
fellow-parishioners. He remonstrates with his spiritual
superior about the change he has introduced. Mr.
Cameron persists. Mr. Walter procures a legal opinion
--he consults Dr. Addams as to the validity of the
collection at.the offertory from non-communicants. It
will not be forgetten. that one of the greatest griev-
ances of the
,Tractarian
ctanan
lawyers in party is the presumption of
decidi
m/airerestiers of priestly authority ;
no matter : Mr.
Opinion. And it is
an opinion infinitely gets his
to the astutenese
the adviser's
of Doctors' Commons at onc •
eda, and tickling the
answer
yonthiog
from which it is impo3sible to gicovnnZt an
eamept that the Learned Doctor has doubtasn the

law, but quite agrees with Mr. Walter as to
the bad taste of the thing. Fortified with this
valuable document, Mr. 'Walter next complains
to the Bishop. The Bishop of Oxford, whose part
in recent controversies all know, and the great ma-
jority of the laity of the English Church deeply
deplore, treats the complaint as was to be expected ;
he justifies his Tractarian subordinate, and be-
stows on Mr. Walter a rebuke resembling
that of his brother of Exeter, with this only
difference, that the Bishop of Oxford, whether he
praises or condemns, always writes like a gentleman.
How does Mr. Walter behave under the rebuke of
his diocesan ? Does he thank him for his paternal
chastisement, like an obedient son of the Church ?
He appeals from the Bishop to his fellow-parishioners,
and to the " Times." He undertakes to call a meet-
ing, and get the opinion of a " majority "—a ma-
jority of laymen in a parish to decide on the pro-
priety of a ceremony of the Church ! and, should the
said majority be with him, and Mr. Cameron
persist, he intimates, by a guardedly gene-
ral but pretty intelligible threat, that he and his
friends will act as their " bounden duty " may
require. Now, here is a case :in which, not, we
believe, the official representatives of a parish, but a
party of parishioners, large or small, with a leading
man at their head, oppose and thwart their clergy-
man, get a legal opinion against him, complain of him
to their Bishop, threaten to call a "meeting" on hi:n,
show him up in the Times—practise, in short, all the
methods of parochial warfare short of going to law ;
all for introducing a single change into the
ritual, and that a change recommended by the
Bishop of London. We were anxious, we confess,
to see in what way the Times would deal with
these two, cases of Mr. Blunt and Mr. Cameron,
happening, unluckily, to excite public attention just at
the same moment ; in what matter it might be possible
at once to crush the rebellious churchwardens of Hol-
ston, and to support the rebellious parishioners of
Hurst. Nor do we yet see how this feat of dexterity
is to be performed. At present the last part of the
task only has been executed. Mr. Walter is an
ecclesiastical Hampden ; Mr. Cameron an impertinent
meddler—not, indeed, so much for changing the
ritual on his own authority, as for introducing a
little bit of Tractarianism before his audience was
sufficiently " saturated " with " Catholic truth"
to swallow the whole. The surplus bitterness
of the writer is reserved for the Bishop of London.
It is no business of ours to take up the cudgels for
that active prelate; neither is it our pleasure to
narrow a large question to a small newspaper con-
troversy. But the Times carries a weight of metal
to the " working " of any public question, which
renders it fair to point to its columns for the
most signal illustrations of the real temper of
any party it espouses. We have a right to
point to the columns of the Times for proofs the
most pregnant of that pervading inconsistency, which
we have already denounced as characterising the whole
Ultra-Anglican agitation. It is nothing astonishing
that any individual should resist a parochial innovation.
It is nothing astonishing that the Bishop of London's
zeal of half-measures should excite discontent. But
what is astonishing, or rather, what would be asto-
nising if human nature were consistent--is that the
party who contend a l'outrance for the apostolic suc-
cession and sanctity of Episcopacy—are the party
whose organs set any given Bishop at moat blunt de-
fiance—the moment his powers—sacred from all pri-
vate judgment—are exercised against theirs.
STANDARD.—Some of our Contemporaries
have taken a great deal of useless trouble to account
for Mr. O'Connell's last step, dos-a-dos with the
Federalists, sliding back to simple repeal. Nobody,
however, who has even slightly observed the
course of the old Saltinbanco's capers and
curvets can be at a loss for the reason of his last
movement.
.Yesterday was the day fixed for his
benefit, and as on every former year of the last 20
he prepared for it by bringing out something very
highly seasoned. Here is the heading of the an-
nouncement :—" The National Collection for the
O'Connell Tribute for the present year 1844, is to be
collected simultaneously on to-morrow (Sunday),
the 17th instant,
.in all the parishes of Ire-
land." Then follows an appeal to " the ragged
man," ;and to the starving man, to the
husbands of the unclad, and to the fathers of the
famishing for their halfpence and their farthings ;
and, honour to whom honour is due, the vile docu-
ment is signed by Sir John Power, Bart., and
Cornelius M`Loghlin, Trustees ; and Vincent
Fitzpatrick, Secretary. Does not this sufficiently
account for the mendicant's abrupt " right
about face," even had we not the evidenee of
twenty years' experience, that his rancour and
violence always sweil with the November storms,
at the approach of bad weather and of privation
to the poor and why at this particular
s4ason ? Because, if postponed to a later period, his
unhappy slaves—dupes they are no longer—would
have eaten up that which he extorts to feed his own
luxury and avarice. Such public enemies are not
to be reasoned with, they are to be punished; because,
to reason with them would imply a doubt that they
are ignorant of the loathsome selfishness and utter
shamelessness of their practices...a doubt which, after
the experience of the last twenty years, it would
be idiocy to entertain. We have already avowed our
opinion that the time has arrived when such sys-
tematic robbery of the poor ought to be prevented
by a stringent law; but until the Legislature
shall adopt some such measure of protection,
let the malefactors be at least punished by the i
loudest and most universal expression of public
scorn. Thick-skinned as they may be—and in
this respect the Irish mendicant can challenge
a comparison with the rhinoceros—still the punish-
ment of loud and universal scorn will reach them,
because it will awaken their slaves to the disgraceful
condition of the thraldom to which they submit, and
cause them to withhold their " halfpennies " and their
" farthings." Fer arguments are necessary to persuade
men generally to refuse to give money which they can
ill sspare ; but the strongest of all arguments,
with an uneducated people, is the assurance that
all the world are laughing at their stupidity.
Without giving the Irish credit for all that intel-
lectual superiority which they modestly arrogate,
and which empty travellers like Mr. Grant and Mrs.
Hall allow them, we must suppose even the most
ignorant among them elevated in understanding
a degree or two above " the beasts that perish,"
but to this elevation they can scarcely pretend if they
submit to be robbed by such gross and transparent
frauds as the O'Connell tribute and the repeal rent—
frauds which never would have deceived them so
long if we all had not aided them, as our contempo-
raries now aid them, by reasoning with Mr. O'Con
nell, and thus covering the nakedness of his gian
scheme of swindling.

DEMAND FOR HIGHER WAGES.
In many of the manufacturing districts there has
been a general movement among the factory opera•
tives for an advance of wages. The following are the
accounts from the provincial papers :
As FITON. UNDER- LiNE.—For several weeks past,
various meetings have been held by almost every
branch of factory operatives, at which preparations
have been making to adopt some steps to obtain an
advance. On Wednesday evening the power-loom
weavers again met in the Charlestown meeting-room,
where they were addressed by R. Pilling, " General"
Lee, G. Hough, and others. The following resolu-
tions were agreed to, viz. :—" That it is the opinion
of this meeting that each weaver is in duty bound to
nay Id. per fortnight, for the purpose of enabling the
conan,L4_tee to forward delegates to the out districts,
to get up an iii;jtation for the purpose of endeavouring_
to obtain an advance of wages." 2. " That it is the
opinion of this meeting, that ;Lt.'s be obtained from
other districts, and that deputations In sent for that
purpose."—The meeting then separated.
STOCKPORT.—The turn-out of spinners and self-
actor minders in this town, still continues to some
extent, but not so generally as at the beginning of
the week, the hands at several mills having accepted
the price offered by the masters. The spinners in
twelve mills are fully at work at the list price, six
partially at work ; and there are only nine in which
the spinners are all out, two of which are standing in ,
consequence of repairs,
OLDIIAM.—On Wednesday morning last, the ope-
ratives at the cotton mill of Messrs. Wild, Moss Hey,
Shaw, Crompton, returned to their employment, on
the understanding that their wages should be ad-
vanced about a shilling per week ; but the dispute
does not appear to be yet fully settled. On Saturday,
the turn-outs at Mr. Wrigley's factory, Littlewood
mill, Hey Side, returned to work at an advance of
about one shilling per week. On Saturday, the hands
of Messrs. Milne, Travis, and Milne, of Skaw,
Crompton, struck work for the purpose of obtaining
an advance of wages, and they are still out.
WARRINGTON.—Messrs. Hadfield and Frost, cotton
manufacturers, have advanced the wages of their
work-people ten per cent.

CoLuszoN or VESSELS.—The ship George, Capt.
Roberts, from St. Vincent, arrived in Kingroad late on
Wednesday night, during a heavy gale of wind from
S.S.E., having during the day lost two anchors and
cables off the Nass Point ; having, moreover, another
over the bow ready to let go. In ranging up past the
quarantine ground, off Portshead, the night being very
dark and dirty, the schooner Nora Creina, Orfeur, 173
tons burden, which arrived on the 10th from Smyrna,
with a cargo of valonia, and lying at quarantine, was
run on board of, end on, and immediately sank. All
hands were providentially saved, but the vessel and cargo
are a total loss. The schooner is sunk in 8 fathoms low
water, and was anchored with 45 fathoms chain, in
charge of a steady careful pilot, James Ray. The
George is in charge of Mr. Joseph Bunn, licensed pilot,
and was towed up to Cumberland Basin this morning by
two steamers. She has lost top-gallant masts, and ap-
pears to have sustained other damage.—Bristel Gazette of
hursday.

.41-S

POLICE INTELLIGENCE.
(SATURDAY.)
BOW-STREET.
A young man, named John Ogilbie, was brought
up in custody of one of the City police, charged with
having obtained the sum of 51. 10s. and a gold watch,
with guard, &c. attached, value 381., from Mr. Fre-
derick Lewis Mielleville, a foreign merchant, resid-
ing at 23, Hanover- square, by means of threats and
menaces.
Mr. Hobler attended as solicitor for the prosecution.
The prosecutor stated that he occupied chambers in
Throgmorton-street. On the 6th of October, about
eight o'clock in the evening, he was waiting in Tot-
tenham-court-road for an omnibus, when the prisoner
came up and addressed him ; and on his telling him
that he was waiting for an omnibus to Piccadilly, he
replied that there were none going that way, but added
there were plenty of cabs on the stand. Witness
thanked him, and proceeded towards the cab stand,
followed by the prisoner, who, after making some obser-
vations about the weather, stated that he was also going
to Piccadilly, on which witness offered him a seat in
his cab. Witness then called a cab, and ordered the
driver to proceed to Piccadilly. When they got near
there, the prisoner put his hand in front of
witness's coat and attempted to unbutton it. Wit-
ness was very much alarmed, and told him that un-
less he desisted he would stop the vehicle. Prisoner
then told him that he wanted his money, and that if
he did not instantly give it him he would take him to
the station-house. Witness told him he was a mon-
ster, and refined to comply with his demands, and
threatened to give him in charge, and called out to
the cab-driver to stop, upon which the prisoner put
his head out of the window, and told him to go to
the station-house, but witness insisted that the cab
should be stopped at once, upon which the driver
drew up nearly, opposite Cambridge-house, when wit-
ness and the prisoner got out. The prisoner repeated
his threats, which so alarmed witness that he lost all
presence of mind and ran away, followed by the pri-
soner, who called on him to stop, which he did when
he got to Half-Moon-street, when the prisoner came
up to him and demanded 201. of him, and in order to
get rid of him, being much alarmed, witness took
from his purse Si. 10s. in gold, being all the money
he had about him, and gave it to the prisoner, who im-
mediately said, " I must have your watch also." Wit-
ness then gave him his watch, guard-chain, &c., and
prisoner having got them, told witness to go
in an opposite direction from the place where they
had left the cab. Prisoner then ran off the other way,
and was out of sight in a moment, and he saw no
more of him until the 6th instant, when, as he was
walking near the Bank of England, the prisoner came
up and followed him to the Old Jewry, when he said,
"How do you do, Sir ? " Witness told him he knew
nothing of him, and desired him to go about his busi-
ness. The prisoner said, "It's all very well, I know
you," and followed witness to his chambers. Wit-
ness—it being post night, and the clerks all very busy
—was prevented from mentioning the circumstance
to them, and when he left the chambers the prisoner
was gone. He met the prisoner again on Friday,
near the Park, and, by the advice of his brother, gave
him into custody.
The prisoner was identified by the prosecutor's
brother, the porter at his chambers, and his son, as
having been seen by them lurking about there.
In answer to the charge, the prisoner denied having
seen the prosecutor until Tuesday week, when he ad-
dressed him, mistaking him for a person with whom
he had had a difference, and while so addressing him
he ran away. He denied the charge brought against
him.—He was remanded.
Two gentlemen were to-day placed at the bar
before Mr. Jardine, charged with having been found,
one at ten o'clock and the other at twelve the previous
night, committing nuisances in Trafalgar-square.
The policeman having proved the charge, the gen-
tlemen complained that there was no notice to warn
hem off, and that in the dark it was impossible for
strangers to be aware that they were doing wrong.
One of the gentlemen stated that he had only lately
come up from the country, and really was not aware
that he was doing wrong. It was so dark and wet
that he could not distinguish the square as a place
which ought to be kept particularly clean. He did
not deny having committed the act in question. He
complained that sufficient warning was not given him
by the constable, who came up and ordered him in a
brutal manner to desist, and then at once took him off
to the station-house in Gardner's-lane, where he was
locked up for three hours in a cell more noisome and
damp than he could have believed it possible. The
stench was awful, and altogether he thought the
place was such a one as was calculated to breed a
pestilence, and one in which a human being ought
not to be placed. He was even refused the favour of
walking in the court adjoining the cell, although he
stated that he felt very sick ; and indeed, had it not
been for a gentleman who came to bail his fellow-
prisoner, he must have remained in that hole all
night, for his own family were residing at a distance,
and he could not think of disturbing them at that
hour of the night.
Mr. JARDINE inquired at what hour the gentleman
I had been bailed. The constable replied that both
gentlemen were bailed shortly after three.
Mr. JARDINE then addressed the defendants, and
said there was certainly a great deal ofjustice in what
was stated. No one could feel more than he (Mr.
Jardine) did that it was a great hardship that no suffi-
cient notice was given in some way to warn gentle-
men of the penalty to which theysubjected themselves
by committing such acts. The police were not to
blame for the part they took in the affair, for they re-
ceived orders, and were compelled to execute them.
The law subjected persons soiling any wall, &c., to a
penalty of 405., and the police were empowered to
take persons so offending into custody. In such a
place as Trafalgar-square there ought to be some
means taken by the Commissioners of Woods and
Forests to warn persons against offending in that lo-
cality, and he thought they were much to blame for
not adopting such means; for in the dark nights of
winter it was impossible for a stranger in London to
distinguish the square, and unless they surrounded
the place with policemen, to inform the public that
they must not commit nuisances there, it could not
be expected that they could be prevented from doing
so. The law was clear enough that they had ren-
dered themselves liable to a penalty ; but still, under
the circumstances, and considering the hardships
which they must have endured, he should not feel him-
self justified in inflicting any penalty in either case;
the gentlemen must, therefore, be discharged.
WANDS WORTH.
Mr. Peter Henson, a respectable looking young
man, who carries on the business of a builder and
house-decorator, in the Bridge-road, Battersea, sur-
rendered, upon his own recognisance of 501., to answer
a charge of stealing a copper and other articles, the
property of Mr. William Howie, a gentleman residing
at Fulham.
The case first came under the notice of Mr. Paynter,
the sitting magistrate, on Tuesday last, and on that
occasion it'was proved, in evidence, that the prisoner
had dispose'd of a copper and other property which were
in a house belonging to Mr. Howie, and which was
some time in the occupation of Dalmas, the murderer.
The prisoner, in his defence, asserted that Charlotte
Dalmas, the second daughter, had sold him the pro-
perty after her father absconded, and, that that person
might be produced, the case was remanded.
When the case was called on, Mr. Gilham an-
nounced that he was for the prosecution, and Mr.
Payne, of Battersea, said he appeared for the accused.
The court was densely crowded.
Mr. Howie stated that, in consequence of informa-
tion which he received from the police, he went on
Tuesday morning to the prisoner's residence, and
charged him with stealing a fence, a dresser, a side-
board, and a copper, from a house, a short distance
from his (the prisoner's). He acknowledged taking
the fence, which was then standing in his own garden.
He said that he was wrong in so doing, and asked
prosecutor's forgiveness. At that time he never men-
tioned Miss Dalmas's name, who was the daughter of
the former occupier, and who left the fixtures enume-
rated for the rent which was due.
Cross-examined—The fence alluded to formerly
parted Dalmas's premises from those of the late Mrs.
M'Farlane. This,fence, although removed, was still
in my freehold.
Mr. PAYNTER—Then I am of opinion that this re-
moval of the fence from one part of the freehold to
another constitutes nothing more than a trespass.
Mr. Howie, in reply to other questions put to him
by the prisoner's solicitor, said he had appointed an
agent to look after his property. He was not aware
that his agent had ever entrusted the prisoner with
keys of empty houses belonging to him, nor was he
aware when the fixtures were taken away from the
house.

Police-constable Daly, 137 V, said he knew the
prisoner. That in accompanying Mr. Howie to the
prisoner's house, the latter asked forgiveness of that
gentleman for taking the fence, and said he would
make him any remuneration he wished. The prisoner
at that time never alluded to Miss Dalmas. He had
had no communication with that female since her
father was taken into custody, a few months since.
The prisoner was given into custody for stealing some
building materials, but the case was not proceeded
with.

William M'Farlane, a youth about 18, stated that
last October twelvemonth he was residing with his
mother, who is since dead, in the adjoining house to
that occupied by Dalmas, and after Mrs. Dalmas had
given up possession, he went over the house out of
curiosity, and saw the copper there quite safe; next
morning, between eight and nine o'clock, on looking
over the fence into the wash-house, he saw that the
copper was gone. He mentioned the circumstance
to his mother and the Misses Dalmas, and they also
missed it.

Robert Brown, a general dealer, in Milman's-row,
Chelsea, proved that about eight months since he
purchased a copper of the prisoner about the size of
the one alluded to, for which he gave him 7s. It was
then lying in the prisoner's own kitchen.