The Sun.
London, England, 1828-12-17 00:00:00

THE ARMY.

Lord Fitzroy Someret, as Military Secretary to General
Lard Hill, Commanding in Chief, went through his list
yesterday, at his office in the Horse Guards.
A few Generals, and upwards of sixty other officers,
transacted business with his Lordship.

Detachments of Artillery and Infantry belonging to the
East India Company's Service are ordered to embark this
morning, on board a attain vessel in the river, for Graves-
end, on route to Chatham.
A Detachment if the I3th Light Dragoons is ordered
to match this morning, frour London, for the Cavalry De-
pot at Maidstone.

GENERAL ORDER.

Adjutant-General's Office, Dublin, Dec. 6, 1828.

At a General Court-Martial held at Kilkenny, on the
24rh of November, 182 S, Drum-Major Samuel Pollard,
and Schoohnaster,Seijeant William Poole, of the 32d Re-
giment, were arraigned upon the undermentioned charge,
viz. :

" For most infamoueconduct in entering into a conspi-
racy against Lieut.-Col. the Hun. John Maitland, of the
3.1 d liq,iment, he. being at the time absent from his corps
on sick leave, by addressing a letter to his father, the Earl
of Lauderdale, dated October 26th,.1828, and signed with
a fictitious name, the said letter being written by School-,
master Set jeant Poole, containing accusations against Lieu-
tenant-Colonel Maitland's character, entirely. false anti un-
founded, in order to intimidate him from again joining the
32d Regiment, .such conduct being most unbecoming the
situation of Non-commissioned Officers, and totally sub-
versive of every principle of military discipline."
Upon which charge, the Court came to the following
decision :

" The Court-martial having duly considered the evidence
given in support of the charge against the prisoners, Drum-
major Pollard, and Schoolmaster-serjeant Poole, their de-
fence, and the evidence they have adduced, are of opinion,
that the prisoners, Drum-major Samuel Pollard, and School-
master-serjeant William Poole, both of the 32d Regiment,
are guilty of the charge preferred against them. The Court
adjude that the prisoners be reduced to the ranks as private
soldiers, and further do receive a corporeal punishment of
one thousand lashes each. The Court cannot separate with-
out expressing their decided and unanimous opinion, that
the aspersions which Inive been attempted to he cast
against Lient.-Col. the lion. John Maitland's character,
are totally false and unfounded."
The proceedings of the before-mentioned General Court-
martial having been laid before the King, his Majesty was
pleased to approve and confirm the finding and sentence of
the Court.

It is Lieut.-General Sir John Byng's desire, that the
charge preferred against' Drum-major Samuel Pollard and
Schoohnaster-serjeant William Poole of the 32d Regiment,
together with the finding and sentence of the Court, and
his Majesty's pleasure thereon, shall be read at the head of
every Regiment, and Regimental Depot in Ireland.

.•
The above General Court-martial is dissolved.
By command of the Lieut.-General commanding,
J. GARDINER, D. A. G.

GENERAL COURT-MARTIAL.
32D ItLGIMENT, KiLKENNY.

The sentence of the Court-martial lately held in the bar-
racks of this city, has receive(' the approbation of his Ma-
jesty, and, by royal order, the punishment awarded has
been inflicted. The Court, it appears, as was always anti-
cipated, found both the prisoners guilty of the crime laid to
their charge, and sentenced them to receive 1,000 lashes
each. Having awarded this punishment, so justly due to
the individuals tried, and, after a long and most minute in-
vestigation, found guilty, the members declare, on the face
of the proceedings, their unanimous ,and decided opinion
that the aspersions attempted to be cast on the character of
Lieutenant-Colonel Maitland were totally false and ground-
less. On Wednesday morning, the sentence was carried
into execution in presence of the 3211 Regiment, which
Major Dillon was ordered to comtnand for that day. Thet
Drum-Major (Pollard) received 600 lashes, and the School-
master-serjeant (Poole) 525.—Leinster Journal.

(From the Limerick Chronicle of Dee. 13.)

Major-General Sir Edward Blakeney will in a few days
leave hence for Tralee, to inspect the books of the 22d and
88th Depots stationed there.
The 72d Highlanders arrived safe at the Cape of Good
Hope, from London, on the 29th September.
An order has been issued to the Royal Staff Corps to
cease recruiting until further orders.
Letters have been received at this Office from Trinidad,
to the 29th October, When the Ist Royal Regiment was
in excellent health, not having a casualty by death since
the 15th August. On Wednesday, the 15th October last,
the Sergeants of the Regiment gave a ball at St. James's
barrack, to which were invited the Sergeants of the other
Corps in:garrison, viz. :—Royal Artillery and let West
India Regiment. The company assembled in the
evening about seven o'clock, whets dancing, &c. com-
menced. Col. Farquareen, of the 25th, or Borderers, act-
ing Governor, with Major Deuchar, of the Royals, and
nearly the whole of the Officers of the Regiment, ho-
noured them with their presence, a 3 also their Ladies,
who expt eased themselves highly gratified with the even-
ing's amusements. About twelve o'clock, nearly fifty sat
down to supper, which was provided of the best the
season afforded. After supper dancing was resumed. and
kept up with great spirit till day-light, when the whole re-
tired, evidently much delighted with the entertainments.

The following circular from the Secretary of
State for the Home Department, to the Lord -Lieutenants,
relative to a- proposed reduction in the expenses of the -
litia has just beetrissued

" Whitehall, Dee. IS.

"My Lord—l have the honour to inform your Grate,
'that his Majesty's Government having taken into consi-
deration the 'expense of the staff of the militia, have de-
termined to submit to Parliament a bill for effecting some
reduction in that branch of the public expenditure.
" According to the proposed measure, the future esta-
blishment. retained on permanent pay at head-quarters,
will be, for each eorps,-1 adjutant, I serjeaut-major,- I
serjeant for every 40 private men, I drummer for -eve'',
two companies, with an additional drummer far each flank
company; over and above which, in regiments consisting
of eight companies and upwvrds, a drum-major will be
allowed.
" It is not intended to diseontinne, till the 24th- of
June next, the pay of those members of the militia ;Staff
who will be included in the proposed reduction.
" The substance: of this communication will he made
known to the commandants of the different corps by the
Secretary at-War. have the honour' to be, my Lord,
" Your Grace's' most obedient humble servant,

_
1. ROBERT PEEL.
" gis Alajesty's Lieutenant of the county of

The sloop Lucy, of Fowey, was seized on the
14th inst. nt Chichester, by Mr. Blake, of his Majesty's
Customs .and boats crew, for having a false bottom, con-
taining 100 half-ankers of spirits ; the crew, consisting of
the waster and three men, ate in custody.

WINTER AS4IZE INTELLIGENCE.

THE KING V. I,OOLEW ANT) OTHERq

MAIDSTONE, DEC. 16.—This Was itryintlictment
against Thomas Wooley, Richard Croaci, and James
iffetea!fe, for a conspiracy. The.indictinent charged
that the defendants, charged and prosecuted, at the
Warwick Assizes,- one George Nightingale with a
highway robbery upon the said Crouch, well know=
ing at the time that he was innocent of the accusation.
The prosecution was conducted-by Mr. ADOL-
PHUS._ The cimunstances under which this charge
was brought were these :—The prosecutor (Mr.
Nightingale) had for some years kept different pub-
lic-hoitses in various parts of the town, and was at
this moment -a carrier, doing business. He had an
unfortunate taste for frequenting fairs, fights, and
such places of anmserrent, where he unfortunately
fell into bad company. Unfortunate connections
lead men, however innocent, into embarrass-
ments, and so it Was with Nightingale. He
was charged and tried at the Assizes of this
town, in the summer-of 1827, with robbing the
Post-office, but acquitted. Upon the evening of
that day, and immediately upon his discharge, he
was taken into custody upon a charge of robbing
Crouch, one of these defendants, at Warwick, of
three hundred and sixty pounds, and committed for
trial upon the capital accusation at the ensuing As-
sizes for that county. The trial took place, and he
was again acquitted. Now a word as to this charge
of robbing Crouch. It would, perhaps, be recol-
lected that a great fight took place at Warwick in
1825, between Ward and cannon, two pagilists.l
The prosecutor was there, as were the several de-
fendants. They lodged at different public-houses,
but Crouch, in the evening of the fight, was cer•
tainly much abused by some person, and robbed, he
said, of this RIM of money, at the Castle Inn, at
Warwick. He, in the first place, charged Ned
Stockman, a pugilist, with the robbery, and an in-
quiry took place into the charge at Bow-street. De-
positions to that effect would be read, -signed by the
defendants. Subsequently, and two years after-
wards, he turned round and accused Nightingale,
and the other two defendants concurred with him in
the charge. The prosecutor was tried at 'Warwick
and acquitted. Now it would be shown, from the
depositions and conversation of the defendants, that
their only object was to extort money. Nightingale
was not au unimpeachable man, but his eviden-e,
supported by testimony of credible witnesses, would
bring. conviction home to the defendants.
The several depositions were then put in and
read.

George Nightingale, the prosecutor, was then
called, and underwent a long examination. He de-
scribed all the circumstances of his behaviour at
Warwick, and denied that he had been in the Castle
Inn at all when the robbery of Crouch took place.
Cross-examined by Mr. CLARKSON, for Wooley—
The witness kept an E. 0. table in partnership with
Dalby. Was in the habit- of frequenting fights and
fairs, and was acquainted with persons_ since trans-
ported. He had been tried at Maidstone upon a
charge of robbing,the mail-coach, but acquitted.
He was now in trade as a leather-dresser.
Cross-examined by Mr. BODKIN-1 have a brother
at Tiverton, who is not unlike me, but is rather
taller. Crouch trained 'Ward for the fight. He
never betted; I never saw him with any money.
I don't think he ever had 10/. in his life. I don't
know that he had backed Ward that day. I have
heard of a person of the name of Hayne. He was
betting that day. I don't think Crouch had any
money that day. I was sitting at the George from
three o'clock to a quarter past six. I have been to
Mold, in Flintshire,, b►ut not upon a fishing-party.
Dalby did:not keep an E. 0. table there. I remem-
ber being shaved in a shop just opposite the Bank.
A small accident has happened there since. The
Bank has been robbed. I did not hear that it was
on a fair night the robbery took place. I had not
curiosity enough to inquire. I remained at Mold
one night, and came back to Cheltenham. No ques-
tions were put to me at Epsorn about the Mold
affair. I have some money of my own. Crouch
is a trader.

Re-examined by Mr. BRODERICK...At all the fights,
cock-fights, and races that I have been, Crouch has
been there. I am sure he did not bet on "Ward's
fight, for be never had money. %%rooky is a man
who frequents fights. My brother is- some inches
taller than me.

Henry Kepping, a constable of Maidstone, re-
membered the trial of Nightingale for robbing the
mail in the summer of 1827. About five in the
evening of that day, witness was employed with a
brother officer to take Nightingale into custody. It
was immediately ater the trial was over ; I took
him into custody in the town. Crouch and Wooley
went to the Magistrates' office with us. There was
no other person employed as an attorney but Mr.
Wooley. Wooley and Crouch were examined, and
made depositions. Wooley offered to become bail
for Nightingale's appearance. Crouch made some
objection to being one. I went down to the trial
at Warwick, being bound over. I got there on
Sunday. I saw Wooley and Metcalfe. I saw the
indictment in 'Wooley's hands two or three days
before it went before the Grand Jury. The three
defendants were examined. I was in the Court
during the trial. Wooley was also present the whole
of the- time, but was not examined. The July
stopped the case before all the witnesses for the de-
fence were examined. Wooley said he would give
501. if he could filing this thing home to Nightingale.
Examined by Mr. BODKIN, for the other defen-
dants—At the examination before the Magistrate at
Maidstone, Nightingale applied for time to produce
a witness. Crouch was impatient for the trial com-
ing on.
Mr. Baron VAUGHAN—We all know that attor-
neys are not always in the same huffy as the parties
to press on prosecutions at Assize towns. They
don't dislike good eating and drinking. So much
for Mr. Wooley's delay in this case.
Joshua Hudson, the pugilist examined--I keep a
tap, part of the Half-moon, ia Leadenhall-market.
Mr. Baron VAUGHAN-- Qh, he deals in lapping.
(Laughter.)
Witness—l have known Crouch five or six years.;
Wooley not se long. I have seen Wooley at fights,
but not many. 'I attend horse-races, and Fairlop
fair. I have seen Crouch and Wooley at Doncas-
ter, Epsom, and other races, I was at Warwick in
1825, when there, was a fight between two persons
named Ward and Cannon. The tight took place a
mile out of the town. I have known Nightingale
10 or 12 years. I went to the Castle at Warwick,
where I was putting up, the night after the fight.—
I dined with Wooley there. Crouch came with the
cause intention, but changed his mind, and had tea.
Abbot and Priestley were of the party also. I don't
know what Abbot is. We went to the Warwick
Arms, and Crouch, Metcalfe, and Wooley, followed
us afterwards to the Castle. I went from the caitle
direct with Moss to the George. We found Night-
ingale at tea
George. I had some sherry awl' water with 111 r.
Reeve, of Stratford. Nightingale joined us afteibe
had had his tea. We sat in the front room. We
then heard a mob going by, hallooing and hooting.
I went out to see what was the matter. This was
about five or. six o'clock, an horn and a half after
we had left the Castle. • Nightingale had not been
out of the .house in the mean time. -Reeve, flees,
Jackson, Dalby, and Nightingale,
remained"
The first thing .1 heard outside
,was, that .Crotich
had been rob6ed and " licked." I back bathe
George, and told therhAl2Out the robbery. Nightin-
gale was still there, but I *not say'where he was Fit-
ung. Dalby and I went out to seek for Crouch. We
found him in a little house at the back of the " Hare
and Hoands." He appeared to haVe been dreadlOY
licked. I don',tknow that I saw Nightingale after thit•
I have seen Croneh odd Nightingale together,' bnt
not so familiar as WoOley and Metcalfe. have
never met Wooley and Crouch at the Gun. Ciouch
said he bad been robbed of his all, but did not SHY
what that was. I knew Crouch as a trainer of
fighting men. He trained Ward before the fight at
Warwick.
Cross-examined by Mr. CLARKSON--I have got

no license. lam only half a publican. Mine is a
tap. I saw some notes in Crouch's hands at the
Warwick Arms. He used to bet upon fighters.
He backed Ward upon this occasion. The Black
Horse is in Wentworth-street, Whitechapel. I
don't know that that is a house constantly frequented
by police. I don't know that it is the greatest re:
sort for thieves in London. I don't use it myself.—
(A latigh.)
Mr. BODKIN—A negative pregnant!
Witness continued--I don t know what a " flash-
house" is. Mine is not one. I don't knoW what
Nightingale has been for the last two or three years.
Mr. Baron VAUGHAN.—What, though you have
known him so long! Has he any bilge concern in
the leather trade ? Josh—Oh ! certainly not.
Nightingale kept the public-house perhaps a few
months after the fight. I don't know how long
after. I know that. he was there after the fight, be-
cause of a circumstance. A parson came to lodge
with him while 1 was there, and George,catehed
him tryin to rob him.—(Laughter.)--I have never
known Nightingale other than tts a piiblican and
E.O. man. I have been to the East Indies since.
I went out as a butcher to an Indiaman; I was not
obliged to go. I have killed a man, but it was in
fight. I was tried for that here, but " rode" it
out. I got six months. It was not a prize tight,
hut a piece of work in a public-house; we went out
into a field, and there fought.'
Examined by Nlr. BODKIN.--'•Priestley offered to
stoke 1,0001. or 8001. with Mr. Haynie upon the
fight, but Hayne could not post the blunt. If
Hayne bad had the money, Pi iestley would have to
stake all the motley. know that he borrowed
any for that purpose. It is not usual to borrow
money for such purposes ; I often do it myself.
Nightingale haS often called at our house xvhert he
has been into the City with Dolby. I hao part of
this table myself, but left it off about three years
ago. Dalby then went with one Luttrel for some
time, but how long I don't know.
Examined by the JUDGE---The table was not an
E. 0., but an urn, deux, cinque.
Mr. Baron VAUGHAN—WeII, I don't know what
that is.
•

Hudson--It is a French game. . •
Mr. Baron VAUGHAN—That is information.
Jahn Reeve--I am la licensed victualler at the
King's Head,. in Stratford, Essex. I -was at the
fight at Warwick between Ward and Cannon. I
know Crouch and Nightingale. After the fight I
was with them at the George Inn in the Market-
place. Nightingale ordered tea in an adjoining room,
with the door open. We had ►ome sherry and
water before dinner, and Nightingale joined us. This
was an hour after he came in, and in the mean time
he had not been out of our sight. Hudson went out
upon hearing a row. He reported that Crouch had
been very ill used ; Nightingale was still with us. I
swear that Nightingale could not have been out of
the room.

Cross-examined—I get my living as a publican.
Mine is a respectable house. I have known a per.
son of the name of lkey Solomons some years. He
used my house about twice a year ; perhaps oftener,
when he went that way. I was once as a witness
fora prisoner at' the Old Bailey. It was upon a
charge of shoving a man into a well. I am a filmily
man, (so I'm told, said the Counsel), for I have, a
large family of children. I know 'Cathy well ; he
calls at my house, on his way to Newmarket; to take
his glass of grog.
James Dalby—l have known Nightingale pro-
miscuous five years. We have been partners in a
gaming-table for the last 12 months; but we were re-
gularly joined the beginning of this year. I was at
the fight at Warwick in 1825. I saw Nightingale-
there. Upon the afternoon of that day I met him
at the George ; I stopped there about three quarters
of an hour. Nightingale never left the room.
Cross-examined—l era the rtoprietor of" Dalby's
Carminative."

Richard Priestley—l am a bookseller in Holborn.
I. was at the light in 1815. I know Crouch. I
never lent him any money of my own, but I banded
over to him about 2001. from an acquaintance. 1
think it was about that sum, for that was the sum
he wanted for a bet. It was Abbott who lent it.
This was after the fight. I never heard Crouch say
that it was I who gave it to him.
This was the case for the prosecution.
Mr. CLARKSON submitted that there was no case
against Wooley to go to the Jury.
Mr. Baron VAUGHAN thought there was—though,
perhaps, not so strong as against the others.
Mr. CLARKSON then proceeded to address the
Jury for Wooley, and contended that not one of
the witnesses for the prosecution was entitled to
the least credit. They were, upon their own show-
ing, a knot of fellows---ruffians--•in the hourly prac-
tice of violating'the law---keepers of E.O. tablet, and
prize-fighters ; fellows who, in violation of all thegood
feelings of human nature, got their living by inflicting
pain- -and that by the most barbarous processe3---
upon their fellow-creatures. Upon such testimony
(with the exception of the Magistrate's clerk and
the constable) no Jury could conscientiously place
any man's personal liberty in danger. He therefore
submitted, w►th great confidence, that the evidence
even if worthy of credit, did not establish a case of
legal conspiracy against.. Wooley or either of the
other defendants.
Mr. BODKIN followed for Crouch and Metcalf.—
The charge upon► this indictment was, that the
defendants had conspired to take away Nightingale's
" good fame and reputation"—could any man esti-
mate his loss

Mr. ADoLPItus here said, he gave up the case as
against Metcalfe.
Mr. Baron VAUGHAN summed up the case, and
had no hesitation in saying, that, if the caso rested
upon the testimony of nightingale, no Jury
could convict upon it. He (the Learned Judge)
would not, however, say the same of the other wit-
nesses for the prosecution, as, except their fondness
for prize-fighting, which was to be regretted, they
seemed to have spoken conscientiously. He con-
sidered his notes to have been polluted by the evi-
dence of Nightingale. Of prize fighting, he should
only say that the fights seemed to have been got
up very often for sheer purposee of plunder.
The Jury deliberated for some time,and then found
all the defendants Not Guilty.
Mr.-Baron VAUGHAN-I think, Gentlemen, you
have done the best thing.
The trial did not conclude till seven last evening.

It was, as we stated on Monday, the inten-
tion of his Majesty to receive the young Princess of Brazil
at his last court, hut ciicnnistances, over, which his Ma-
jesty had no control, prevented it. She will be introduced
to his Majesty on the very first opportunity..•—Morning
Paper.

- •
LIVERPOOL,- -AND --MANCHESTER RAIL-
Koa D. —We forgot to mention-last week, thatllfr. Telford,
the engineer, appointed by -the- commissioners etripowered
by Government to grant loans in tOrwarding publieworks,
and from whom the direetors of this rail-way have obtained
the sum of 100,0001., had been in Liver Poul to etamine the
progress of the works conrz2eted with the rail-load. We
understand that he expressed the greatest approbation of
the manner in which all the works . have been fledged;
and epeke of the tunnel in the 'highest terms. Tlie price
of the-shares of the-rail-woy has, within the kit ten days,
considerably advanced—they are new at a premium of 501.
—Liverpool Advertiser.

FLIGHT EXTRAORDINARY.—One evening
last week as the man who carries the mail between. Black-
burn and Bolton was going through Shorroek Fold, lead-
ing his horse to the stable, he was tnueh surprised to re-
ceive a rider to. his flosinante, in the
person of a female,
who jumped out of an upper chamber window, and alighted
safe on the horse's hut. It afterwards turned out that
the fair Mercury was the spouse of a pson well known
for his love of domestic discipline, and who, it seems, was
about to inflict corporal punishment upon
his aforesaid
" rib," from some dereliction of driti,, When she ran 'p
stairs, and seeing the postman passing by, thought shei
could not do better than take her flight through the win-
dow, and try her fortune on horseback.. rio-v she suc-
ceeded is already related, and she was restored unbolt to
her liege lord, who had forgone
his auger, in admiration
of her vaulting provress..—Manchester Mercury.