The Sun.
London, England, 1844-09-02 00:00:00

SIP 'AU OF NEWS'

The universal belief of the profession was, as long as
he could remember, the same as that which was con-
tained in the report of the case Grant and Astell, and as
!aid down by Lord Mansfield. The invariable answer
given in Court to an application similar to that which
had been made to their Lordships was, that it was
immaterial to enter into the discussion, because there
was one good count in the indictment. If they were
to search the reports they would find many
criminal cases in which judgment had been
pronounced upon an indictment in which
there were one or more defective counts,
and yet it had never occurred that such an objection
had been made the ground of argument in a Court of
Error. This objection had always escaped the notice
of the most acute counsel and the most astute judges.
He thought that some of the difficulties were real,
but that they were not all important 'in the present
case. The law proposed no perfect rule—it knew
that nothing was perfect, and it adopted the best rule
it could. The question then was, was there
any analogy between civil and criminal cases—he
thought there was not. The course pursued in civil
cases by the law was reasonable and just, but in cri-
minal cases it would be most unjust. In all cases,
the Court of Error ought to see that the judg-
ment which was brought before it in error was
right or wrong. He thought if the Court of
Error found that there were good counts in the in-
dictments upon which punishment had been inflicted,
they could not say that the Court below had made a
mistake. If such was to be the case, many defendants
who would be properly punished would escape. The
Learned Judge then referred to the case of the
King v. Young and the King v. Mason' the former
of which he considered almost a decided decision on
the point. He thought there was quite sufficient to
support the judgment of the Court below on this
point. As to the second branch of the 3d question,
it depended on the reasonable construction of the
words of the judgment, which was that
the defendant was to be imprisoned. Now,
he saw no solid distinction between a
charge improperly stated, but properly found, and
a charge properly stated and improperly found. It
must also be borne in mind that a Court of Error
could not reverse a judgment upon the conjecture
that it was wrong. He thought, in the present
case, it was impossible to say with any certainty
that there was any error. Whether the punishment
was discretionary or not made no distinction. For
those reasons, therefore, his humble answer to their
Lordship's questions, both as to the 3d and 11th, was
in the negative.
Mr. Baron PARKE, in delivering his judgment, said
that, with regard to the 3d question proposed by their
Lordships, he regretted that, after fully considering
it, he could not bring his mind to concur with the
majority of his brethren respecting it. There
were two counts of the indictment bad, there was no
legal finding on three, the jury having found the
parties guilty of more than one offence upon counts
which charged them with one only, and the judgment
was that the defendant for his offences aforesaid be
fined and imprisoned. But it could not be said
how much of the punishment was awarded
for the offences of which the parties were not legally
guilty. There were two modes by which apparently
this error might be rectified—the first was, that the
court below had awarded punishment only upon the
good counts ; the second was, that the same punihment,
the same irnpri-onment, and the same fine was inflicted
for each and every offence. With regard to the first,
it appeared to him that the Court must he taken to
have given judgment on the counts which were good,
and on those counts only. With regard to the second,
it could not be supposed, from the language of
the record, whatever might be said of the sentence
and of the imprisonment, that the same fine was in-
flicted for each and every offence. Prima facie parts
of the sentence was given for one offence and part for
another, and the Court of Error could not
apportion it, as they did not know the
facts for which the fine was imposed.
There was a prevailing opinion that one good count
in an indictment would support a judgment. No
doubt, in practice, judgment was often passed
without adverting to the counts, and the
judgment was never entered on the record,
unless where it was required for a special plea.
or for a writ of error. That opinion appeared to him
to have grown up without adequate grounds. The
rarity of writs of error in criminal cases was the reason
why the attention of the profession had not been much
called to these cases, and hence the opinion had been
suffered to pass unquestioned. The dicta of Lord
Mansfield and of Chief Justice Eyre had been al-
luded to, but in his opinion, after giving the matter
the most anxious consideration, the utmost that the
opinions of those Learned Judges went to was
this, that when a general verdict was re-
turned it was sufficient to enable the Court
at once to proceed to pass sentence. In the
case before Chief Justice Eyre, as the punishment
was a capital one, he was never called on to consider
the point. In case of the King v. Young
the objection which had been taken in the
present case was not available, because in
that case the defendant had been sentenced
to a punishment in accordance with the provisions of
the statute, and no part of that sentence could
be ascribed to the bad counts. He doubted,
therefore, if the received opinion. was so
established by usage as to compel its adop-
tion. Allusion had been made to the inconvenience
which would arise if that opinion were decided to be
erroneous. He could not see in what that incon-
venience would consist. The only result would be
this, that the defendants being entitled to an acquittal
on all bad counts, the counsel for the prosecution
would have to examine the record to see that judg-

ment was not entered upon the bad counts.
For these reasons, notwithstanding the respect which
he entertained for the opinions of his brethren, he
was compelled to differ from the majority of them on
these points, and to answer the third and eleventh
questions in the affirmative.
Lord Chief Justice TINDAL said that Mr. Justice
Coleridge (as we understood) was unavoidably absent
from illness, but that he had sent his written opinion,
in which he stated his concurrence with the majority
of the Judges.

'The Loin CHANCELLOR—My Lords, I move that
the further consideration of this question be postponed
to Wednesday next.
Lord BROUGHAM—And that the opinions of the
judges be printed.
The motion, with Lord Brougham's addition, was
then put and agreed to, and their Lordships adjourned
till Wednesday.
The galleries and the space below the bar were
crowded during the -whole of the proceedings. The
seats at the foot of the Throne were completely occu-
pied by the eldest sons of Peers, and the attendance
of Peers was very numerous. There was a crowd
waiting outside the doors, anxious to hear the result.

LLOYD'S SHIPPING.-(THIS DAY.)
LONDON, SEPT. 2.—Wind this day at noon, westerly,
fresh breeze, and fine.

eNi 1 ienwg
PORTS3IOUTH, AUG. 31—Wind, E.S.E.—SId. Gipsy,
South Seas ;
Harwich,t
yYono,rkN.ewSyEuoTrk..
DEAL, AuG. 31: AND SEPT. I.—Wind, E. to E.N.E.
Willem,l.—Prince
Calcutta
—Arrd. Boning,
and Ceraur, for Batavia, and
proceeded. Sld. Diana and Scotia, Madras ; Ocean and
of Wales, l
Bebe, Ichaboe ; William Woolley, Valparasio ; Janet
Willis, Demerara; Florence, Madeira ; Cecops, Quebec ;
Seymour, Cardiff and Valparaiso. Arrd. Elizabeth,
Quebec.
SHOREHAM, AUG. 31.—Arrd. Matthew Thompson,
St. Andrews.
OFF DOVER, Arc. 31.—Iwee, Anthony, Lucie, and
Mozambique, all from Rotterdam for Batavia.
OFF THE WIGHT—Magdalene Havannah for
Bremen ; Condor, Mayo, Havannah for Hamburgh ;
Amphitrite, Nickie, for Rotterdam.
SOUTHAMPTON, SEPT. I.—Arrd. Lady Mary Wood
steamer, Gibralter, left 24th instant.
CARLISLE, AUG. 30.—The Sally, Detchburn, from St.
John's, New Brunswick, on leaving Gilloth Bay, went
ashore on Skinbuness yesterday and upset, but was
righted after cutting away topmasts, and was towed up
to Port Carlisle; crew saved.
CLYDE, AUG. 30.—Arrd. Amanda,
Daves, St. John's
New Brunswick. Sailed, 29th, Marion, Calcutta ; Ar-
cadian (steamer), Halifax ; Charleston, Blonde, and
Onyx, Quebec ; 30th, Vixen, Port Philip ; Sidney, De-
merara ; Jane Christie, Berbice ; Magrana, St. John's ;
Mary Allan, Montreal.
DUBLIN, AUG. 30.—Arrd. Trial, Kyle, St. John's,
New Brunswick.
OFF WATERFORD, PRIOR TO AUG. 31.—Emulous,
Barbadoes.
AUG. 30. SS
SherbrokeC, Quebec.
i..()ILRitKu, su, AUG. 27.—Sid• Energy, Quebec.
LEITH, AUG. 31.—Arrd. West Indian, Ichaboe.
DARTMOUTH, AUG. 31.—S1d. Malibran Bonny.
OFF PLYMOUTH, AUG. 31.—Tweed, Walker, Africa.

SQ.EuLe.:,Necrig.ah7o._°',Alvrriii.lliaGnirirnadrlke
Parker,
William , Spence, St.
Porto Rico; Sisters, Williams, Laguna; Agnes, Braith-
, and Earon,
Rushton, Vic-
toria, and Fenella. Sld. Perseverance, St. John's, New
Henry Bliss
Quebec; Mary Stoddart
wJ
John's, hi tne " s ,La
New Guaira;
Brunswick;Au. S3irlCape i °
HnA: leyfabr:neGd, I SEPT.oc sohPada rubseouupl;ai
and Harmony, , Calcutta; Ge-
neral Wiltshire, Ichaboe; George IV., Rio Grande;
Brunswick; Harriet,
Cameona, Monte Video; Adams, Maranham ; Malabar
and Pharsalla, New Orleans; Isabella and monteguma,
New York; Bonanza, Newfoundland., -
HULL, AUG. 31.—The Mascencomb (Wisconsin) of
Newfoundland, was fallen in with, 28th ult., about eight
miles from the Outer Elbe Light Vessel, dismasted, and
with signal of distress flying, and towed into Cuxhaven
Roads by the Leeds steamer, arrived here. The
steamer Hamburgh, hence, was passed 29th ult., towing
the schooner Fear Not, with damage. The Rambler,
Stephen from Konigsberg to London, was abandoned in
.terl-3-d; r.‘ie\rnid't Reed,S to
a sinking state, 26th ult. ; crew (except the master)
saved.
PLYMOUTH, AuG. 31.—Arrd. Ferdinand, Mexico for
Havre, with rudder damaged.
JERSEY, Auc. 28.—S1d. Loyal William, Newfound-
land.
ArFrdil:3l,loeUtiTellu,neAirGa.noo 31,.—viIid, ndiittEn.l fresh breezes.—
uilia.

AND

13tibltr Optitton.

" Who runs may read."

PO2EIGN.
Notwithstanding the improved tone of the French
journals noticed in another article, our readers will
perceive that they are still ingenious in that species of
discovery which is called " the finding of mares' nests."
For example, the Toulonnais accounts in the following
manner for the unwillingness of the French. Government
to publish the Prince de Joinville's dispatch We are
assured that the Prince de Joinville has dwelt upon the
precision with which the eighty guns of the town of
Tangiers were pointed, and he declares that they must
have been served by Englishmen. He also mentions the
complimentary visit of Admiral Owen's aide-de-camp,
and his refusal to admit him into his presence. Other
passages, containing more or less ill-feeling towards the
English, have no doubt determined the Ministry in
withholding the publication of his Royal Highness's re-
port."
The National, in another passage, writes—" The bad
feeling of England towards us is demonstrated every day
by the clearest eridence. We have already cited various
facts in support of our assertion, and we shall now give
the following :—The Bey of Tunis is, like the Emperor
of Morocco, our neighbour in Algeria. The Queen of
England has sent him a present, consisting of jewellery,
to the value of 8,0001. sterling. It is known that small
presents cement friendship ; consequently, if the Bey of
Tunis become the ally of England, he certainly will not
remain the friend of France. In time of peace this
would be but of little consequence, but in case of war,
the hostility of the Tunisians would be troublesome to
us. Thence it follows that, if England at present seeks
their friendship, it is a proof that she entertains hostile
intentions, and that we must redouble our vigilance."
'The non sequitur suggested, after the word " conse-
quently," is a curious specimen of polemical logic. The
inference from the premises assumed by the National is
not that which he thus deduces ; but rather that if the
King of the French would make the Bey of Tunis a
richer present than the Queen of England has tranmitted
to him, the Bey would remain the attached friend of
Louis I'hillippe, and not of Queen Victoria. This
might nut be- absolute gallantry in the Bey ; but it
would be, we suspect, the morale of Tunisian morality.
W e find in the Frankfort Gazette des Postes the fol-
lowing extract from a letter dated Copenhagen, the 22d
ult. :—" The death of the Grand Duchess Alexandra,
wife of the presumptive heir of the Crown has inspired
much sympathy, but, in a political point of view, the im-
pression caused by this event is quite different. The
connexion which was formed between Denmark and
Russia was not seen with pleasure. The marriage was
even less popular in the Duchies. The presence of the
Russian fleet has caused considerable irritation here.
Serious fears wore entertained that the Emperor of Rus-
sia coveted both Copenhagen and Constantinople. At
Stockholm the entrance of port had been fortified, to
prevent surprise."
Adrices from Tripoli, of the 12th ult., states that an
insurrection had broken out in the Gerian mountains,
and that Miludi Sheik, the ex-Minister of the deposed
Mahmudi family, had placed himself at its head. A
body of Turkish cavalry, marched against them, had
been repulsed,,with the loss of their Colonel, Ismail
Bey, who was either killed or taken prisoner. The son
of the Pacha was preparing to embark for Bengazy, to
assume the command of the expeditionary army. It was
rumoured that some Frenchmen were directing the
movements of the insurgent mountaineers, but for this
report there seemed little foundation. _

Athens appears to have been recently the seat of
serious disturbances, which are described by the Greek
Observer, of the 19th ult., to have occurred on the 16th,

three days previously, on the occasion of the elections.
The mayor having presented himself before the hall in
which the electors were assembled, at the head of a
party of gendarmes, previous to the counting of the
votes, the people opposed his admission, and a collision
ensued between them and the military, in which one
man was killed, and several wounded. The King imme-
diately repaired to the scene of these disorders, and was
enthusiastically cheered by the multitude. The Ministry
had resigned on the previous evening, and the people,
hearing that Coletti had undertaken the construction of
a new Cabinet, retired quietly, and tranquillity was re-

stored.
The Gazette de France states, as a rumour, that Baron
Athalin, first aide-de-camp to his Majesty, had left
town for London.
Great interest, and more uncertainty, attach to the
rumours touching the fate of the renowned Abd-el-
Kader. The Siecle has the following passage, quoting
from Marshal Bugeaud's dispatches :—" In the opinion
of the entire army," says the Marshal, " the battle of
Isly is the consecration of our conquest of Algeria, and
ought to accelerate the conclusion of our differences with
the empire of Morocco." This expression may account
for the pacific news which was current at Marseilles, and
of the surrender to us, by the Moors, of Abd-el-Kader.
Such a report, however, requires confirmation.
The Journal des Debats states that, notwithstanding
the positive assurance given in several journals that the
Emperor of Morocco, after the battle of Isly, sent a
detachment of his 'guard to arrest Abd-el-Keder, the
Government had not received, up to a late hour on Fri-
day afternoon, any confirmation of such a report, and that
such reports should be received with a certain reserve.
The Paris correspondent of the Times remarks, " That
_

•
the Emperor would. readily accept them (the new terms
about to be proposed by the French Cabinet to Abder-
rahman), is also generally believed, but the difficulty
that prevented his acquiescence in the original terms
still exists in the person of Abd-el-Kader. How long it
or that redoubtable warrior may continue to exist, con-
stitutes the entire question. That he will submit is not
to be expected. That (as rumour states) the French
Government have set a price (two millions of francs)
upon his head must be a calumny. That some of his
own followers or emissaries of Abderrahman may at-
tempt his life, is quite possible, but there is nothing be-
fore us to show that with the very best intentions the
Emperor of Morocco can, or could, expel him the empire.
The pacific arrangement of the affair, though more pro-
bable than it appeared some days since, does not there-
fore appear at hand." From other advices, also, it ap-
pears that the rumour as to the taking of Abd-el-Kader
was still very prevalent, but the French Government
had yet received nothing to confirm it. There is no
doubt, however, as to the existence of a circular, in
which Marshal Bugeaud announces the sending out of
400 cavalry by the Emperor of Morocco against Abd-el-
Kader.

Some of the Paris journals state that a letter has been
received by the Minister of War from General Bugeaud,
announcing his return to Oran, and his having left the
command-in-chief of the army on the frontier with
General Lamoriciere. Some affect to consider this as a
clear proof that the operations for this season are over.
The Moniteur Parisien announces that copies of the
letters exchanged between the son of the Emperor of
Morocco and his father, together with a diplomatic cor-
respondence, were found in the Moorish camp. They
were inclosed in two chests. A large convoy of gun-
powder had likewise been intercepted by the French.
The Debuts says—" It is known that Captain Bouat,
Governor of Senegal, who had left Paris to join the
French squadron at Cadiz, could not arrive in time to
take part in the operations against Mogadore. It is he
whom the Prince has charged with the duty of bringing
to the King the colours taken from the Moors. He will
arrive probably to-day at Paris. As this brave and able
officer was lamenting, in presence of the Prince, his hav-
ing arrived too late for the attack of Mogadore, the latter
said to him—' My dear commandant, you wore taking
part with us although absent, for it is to your excellent
information that we owe a great part of our success. "
The Courrier Francais states, that at ten o'clock
yesterday morning Lord Cowley went to Neuilly, and
had a long conference with the King, M. Guizot, and
another personage, believed, it says, to he Marshal
Sebastiani.
" Marshal Soult," says the Constitutionnel, "has re-
ceived a new and most earnest invitation to return to
Paris, in order to give his sanction to the determination
come to in the negotiations with England."
The Constitutionnel states positively that Baron Atha-
lin has left Paris for London, with letters to many in-
fluential personages in England, and among them one
from Lady Cowley to the Duke of Wellington.
The Revue de Paris says :—" Accounts have just been
received from Messrs. Garella and Cortines, the en-
gineers who were sent some time since by Governmen
to survey the Isthmus of Panama. The full results are
not yet known, but it is said that they reject the idea of
a railroad, and decide in favour of a canal ; the great
object being, not the mere conveyance of merchandise
across the Isthmus, but a union of the Pacific and the
Atlantic, so as to enable ships to pass from one to the
other in a few hours, instead of having to go round
South America, after doubling Cape Horn."
A Morning Contemporary observes :—" Our letters
from Constantinople show that there is not the slightest
ground for the assumption that the Turkish fleet (the
departure of which from the Dardanelles supplied to the
French Government the pretext for nearly doubling its
already extensive fleet in the Mediterranean) was ever
destined for Tunis." The pacification of the Lebanon,
in which a Turkish Commissioner is still busily em-
ployed, seems to have been the actual object of this
armament.
Wultusch and Petronevitch have been allowed to re-
turn to Servia. The Commissioner sent into Albania to
inquire into the grievances complained of by the people
of that province, has returned to Constantinople. The
trial of the Albanian prisoners is over ; 500 are con-
demned to different degrees of punishment, of whom
twenty-eight to death. The Sultan has, however, com-
muted the punishment of the latter to the galleys for life.
The Russians are said to have suffered severely in the
Caucasus.
A great sensation has been created in Malta by a
recent act of the Government in respect to the coin in
circulation. The South American dollar had been forced
by the Government, at the fixed value of 4s. 4d., which
was more than its real value. It appears that these
dollars are of no defined weight, and the consequence
has been that a great quantity of coin has been intro-
duced, the value of which is under 45., though circulated
at 4s. 4d. Latterly, however, the public offices have
refused the light coin, and the consequence is an im-
mense loss to the public, besides an immense incon-
venience, of which the Malta papers speak in the
bitterest terms.
The Madrid papers announce that the elections pro-
mise to be very favourable to the Government ; an un-
a opponents, s tlken
care
b o tt
o
frontier, with hints as
dsh
c eao
cnuudbrit
ede
ad
the
het rsen
tanbr u
eft
nloeprcht tohrbes
yGa
cs oe
rnvoedrn
gtmh eetnht e hr
d
to the danger of returning.
M. Cortina, so long the object of angry menaces, has
at length been compelled to withdraw out of Spain. He
has taken refuge in France.

It seems to be the general impression in Madrid that
Narvaez, at the earnest and reiterated instance of the
Queen-Mother, is resolved to co-operate with her in
bringing about the general "restoration" of the whole
of the Church property. That is to say, we imagine,
the unscrupulous intriguer and reckless adventurer is
pledged to aid an infatuated woman in the attempt to
divert from its appropriation to the State purposes and
financial difficulties of their distracted country, as well
as the portion of Church property which remains un-
disposed of; as the proceeds of that large portion which
has been already sold. The prospect of resuscitation,
moral, political, or constitutional, seems to be, day after
day, becoming more and more hopeless to a State which
ought at this moment, instead of being overwhelmed in
the most shameful degradation, to be taking root among
the foremost nations of Europe.

COTTAT-1"11811XOTILABLZ.
The Duke of Wellington is expected to leave Apsley
House today, on a visit to her Majesty at Windsor
Castle, where an illustrious circle have been invited by
the Queen to assemble during the week.
The Duke and Duchess of Buckingham's grand fete
at Stowe, in honour of the Marquis of Chandos attaining
his majority, is fixed to take place to-morrow se'nnight,
the 10th inst.

The Earl and Countess of Ripon and family have left
Carlton-gardens, for Leamington Spa, Warwickshire,
where they purpose to make a journey of several weeks.
The Earl and Countess of Egmont arrived at Chelten-
ham on Wednesday last, from Ireland.
The Earl and Countess of Sandwich have, during the
last week, been entertaining a party at Ilinchinbrook,
near Huntingdon, for the races there.
The Earl of Mansfield has left Caen Wood, Hampstead,
for Scone Palace, Perthshire.
Viscount and Viscountess Palmerston, by the last let-
ters from Germany received by the family connexions,
had left Ems, where they passed four days with Lord
and Lady Beauvale, for Wiesbaden, at which spa th?.
Marois and Marchioness of Lansdowne and Lady
.Louisa
Fitzmaurice are staying, as also Viscount Ebrington.
After a sojourn of two or three days there, the Noble
Viscount and Viscountess were to go directly to Berlin..
Lady Heytesbury and the Hon. Miss A'Court
ll
shortly leave Brighton for Dublin Castle, to join the
Lord Lieutenant.
The Lord Chancellor is expected at his residence in
George-street, Hanover-square, to-day, from his seat
Turville Park, near Henley-on-Thames, where the
Noble and Learned Baron and family intend to pass the
autumn.

The Right Hon. W. E. Gladstone will be unable to
join his col!eagues at the Cabinet Council to-day, the
Right Hon. Gentleman with a party of friends being at
Fettercarne, N. 8., enjoying the sports in the Highlands.
His Excellency the American Minister has gone on a
tour in Scotland.