The Sun.
London, England, 1845-10-01 00:00:00

• COUP ,:.
VV INTELLIGENCE.
BANKRUPTCY, Sept. 'l9.
(Effort Der. Commissioner Snkprrkan.)
The h.., Ur It •
JOHN SIMONS, A BANIIRITPT. business in
7 'Mpt this case had carried. on
ttr4. at a. coal merchant ;
.his debts amounted to
tstata.-61,11rat which there were little or no asset,,'csts.
There -"Lving been mainly swallowed up by lawyei,i
tentstPea red in the balance-sb.eet no less than and-
ssix.
44„, als of costs from six-and-twenty different attorne)es,s
vio4ing in al/ to upwards of GOO/. The bankrupt _
01_
No„,3;: opposed by his legal friends, but the. LFarne l C
at-
torte.,„"t, considering him to
with been a victim to the
'B' granted. his certificate out conditions.
NI • _ 11E BARLOW, AN INSOLVENT.
knsto„l43olvept had been in business as a builder in worth-
diklar., rind his debts amounted to 2341. He applied for his
mtg.! 'under ,the la editsolvent Debtors' Act.
d that
the in„,7(1'10,, for the crs, opposed on the gr"oug bts on
the f
ief tent had been insolvent before, and that his e
Petiv-kcasions united exceeded the statutable amount.
L°ll ellsaliased.
SEPTEMBER 30.
1%,4,. (Before Mr. Commissioner SHEPHERD.) _ _
ra.
kilaie4eVl 1)0c-roi is DISAGREE" &c.-The Learned. Co
m-
-2 /vas oce
fedapi a considerable timeinheiahrienagtcatrii-
encl 2 ii'n BPPpor t summons granted under ,
kt,
eit ctorta.
'.(' be party summoned must, according to the
bap 8,,,,,h„eT PaY the whole pof the debt, an
ueldoc"rltY to try the question at law, or be made
The Pt'
k "estion li • b t• e 3 specially argued be-
.e one or than is been several im . .
Wldely difie o eft ter of the Learned Commissioners, who have
t4)4 very fewre„,hl opinion as to the construction of the Act.
ose
„ngie had uay s ago a well-known public character, _
t,
a.
,44e Aet exoe...
1 t ded credit on many occasions, declared n t
1,8t11; kit°fti; and! ! Victoria had been repealed by the 7th and
Proti'llst'alledei ea 7 nod Commissioner (Fane) asked how a man
eletlof 1,, •° dr awing beer could draw conclumns on que_as
7ee,4%,,T he debtor said he would quote " Archb?ld'
LIII,. ri,ght, pl," Learned Commissioner said Archbold might
on ainc), 1 aight be wrong; it was a mere matter of
retidge then" lirofessional men, and he should, therefore,
-Inot pab„toe defendant should be made bankrupt, as he
4114 tile p'res"e '3.ebt, but dared dispute it.
mops tile
geet instance the person against whom the sum-
-413 • 48
busi-
an ited carried, and still carries
at, eninono rcctensive way as a lace-mercheannt,
His
,r`,rev „r 423(1 for a small sum of fifty-foursiso.olll2.tes-
He said it
~l,t_tn6stra,?-e t d altogether against the pro
h71:111 a „.,-Htracy
teand unjust that his clientee was as suhbat-
,"esin in de as any in the city of London--that
sub-
tle to the,tqd to make an affidavit that he had a good de-
nalroln , r sal
,tion-and that, as it was an arbitary act, the
slbteor ell, titled to the most liberal interpretation of it in
4cl if,„l-oar the affidavit set forth that his client was
f,7'0114; ,` goods sold " In the schedule of the Act, and
illeer.,„no'it,.lvas laid down that there must be a full copy
a:en,(l4oreicd.itor's solicitor said it was a copy of the ledger,
o"t‘ he bet; were delivered with the goods ; there could
to. l'e rer, E•r Particulars • even in common law they is ould
:gitbe 14ited In s '• ta two
110, •4, it.- °ine I ns nees pennyworth
. t would
opeeient, cut. Re submitted thit t e
NI th,, fiaet support the petitioning creditor's debt on
go eoit, •
in
,;...,' &SIONRII said it was true it would, yet the term
no
ci(!plaintil:,°,, Dot very definite.
1141Nnet Nolattorney submitted that there hadent been
t
re,terned co ald down to thereverse of his argum
tine laid b elnnssioner was bound to accord with the' pre-
The d efore h.
044 efeadaot, inn*
coh,.' Sad it b. s attorney said his client was perfectly soh
,r,.. oo b ,••
and,:% he could e libellous to make an assertion. to. the
asla",,Ais then
rpri,,pay 21; as. in the pound to all his creditors,
eininlitt: that he),i, ~amt he (the attorney) woyld join in an
itlie t.,,31 elie-ved there was a good defence in law to
ile,, the eZessloX.En said, that on such an affidavit being
patt7eBe defendnoltv,!a taken out of the statute.
'the Inaking
~, 3 attorney appred for the names of the
Planitifi,‘ attend,vit in reply,
if,e Po stiff's
ey refused to them .
ookkilv,eterit72krztt
filed foat said that he had gi
no power np
to order it ;
oe gst, 'T
as r ulterior proceedings/ an
(Before C ' '
ThL
oninnasioner PrANS*) office copy
-1 ./1801
t'6ltflasho,es,,,s3l as,avfgriloct' no, la7ppßetLariedittEalinlixere boy, had carried on
aient'lilan. !.1.,,nixe41 atteaUaanndterboubracy,com characterd
41114 4 6eis-41•9 Peton as at "to b a c cdoetahmleeren/Lihxhaneaddt, "t hlaevdiy.
1,‘,Z1 reeelvunds" of that commodity
'to k fll.'eut th` seine
money on the day he filaneddhia!epaetition.
; The tout fed
e sePl covering necessary costs, and he paid it
rkrnelliearned rAdito,,
4 this he prerttaari tastrt said the case must be ad-
l'l'l to etZ an insOI•4I:TARE MAJOR. his protection order,
,o4lr, Ti._ Ole hi,„
,_ . came up
^ uti;",ci/E4
a•" Lu take the benefit of the new Act.
IliNio Kg
tb PPeared to support the application (which
pettlet,t II was e InBobrent from further incarceration)a.ttale
h fur whethe
it „eontern,st r a party in custody
dthe' the Ar„ in,....n0t payin,, costs was entitled to the
tevAtted44ebyarn. ed-conlestuPaz.!if,the deebt.
11:1,:c4eYtijohectitidrgln:13:4:441 0 contendbd that directly costs were
but it is not a debt re-
/A, ,„ alicr`tbElP;;;Yt"dOesnot satisfy it.
k 304 p
The (ifrA77' DEBTORS' COURT, Sept. 29'
jt;),_tlreeieettir,t ileai()tote S'''lr• Commissioner PoLLocic.as
•eing ad-
gle) wii° therm -(4-13' for ash on
'" take 4, When the settondvacation(for a short
,tti,.. . Place.
4 ‘"11S01 14 RR
h„l% ieh , vetlt - JOHN ISAAC Colm,soN.
kti"l cl i;')18 fo, 1 WhO had be a builder was opposed by
It' Ikr • 4essra, pi ken ; merchants and sup-
;ill4t4P,Peer.,i ,9,001ce, ee ten, lead m
:41'ts; a ;(11,at th insolvent had petitioned the Court of
114,41.terl keos-eltt,,, tinie since, when the creditors who now
),„"iritm Ellart n, 4,nn on tile 'round that he had fraudulently
°n 'NI h' 4i3 tUeir debt ground that he had fraudulently
djs The insolvent was soon after-
debt. The result WaS, that the Court
114144 iris
sine die. The insolvent was soon afte.r-
-)ror• 0,08441 e RroPotoist°,n, and i't Was now sought to remand him
itoatthl tieflnNiafiior, .., .. ther era,,.rol.l.oclz was of opinion that the facts
tietoortied
his
(b5ci..................z......._......_._.___:____Lg.L........_.tr0_1M in remanding the insolvent to prison,
It°ll4 ~,, C,,,INTELLIGENCE.
4 3eta°o-PaY 4,,,, x,"l-1/L-briALL.
~,,he,i ehataber 'l'llV, a laundress, who had the care of
Strlterit plated
ni,ds In the Temple and was chaeged a few
It". pirl,4cedn--Png the Wearin ' a parel and articles of
t• SI 1 'er charge, 'was gfuriLer examined before
thaki% i,.% the soli •
oth attoo state, o!tor, attended on her beha.lf.
.64 da
for
N erkeQuice f4lllat the case stood over till t...., Y.
t4e,4thetl,l4en Who erh,• G,lYnn, who was in the. country, the'
to
Itiffer• and We°aer on ''PloYed the prisoner having agreed-
41so td to her ha,_account of the good character she ot tete- inipriso-ntig a small family. She had already
tc' (llient to he, roellt, and he hoped Mr. Glynn (1,,i, tilt 4,4 of tia,, would
nib '111) vi `e-Qourt)said he was sorry he could not
ew, bot
1141)hti ekh. Pretec:. ' he t ought something more must bes
4,47,d to these-111 of the gentlemen whose property wa
too tirokets't sonie t 0 laundresses. In his case the prisoner
los t 1)sli open a veil, sheets, and other things, and she
Iliking to his ealloset to get at them, and had tried to
a illln o ,f11,,1%, and .•,,b,°x• She had also pawned a coat be-
'''
ha -Ple of 'e would give no information what had
DAeontc, ‘'lng F toe articles lie did not wish the fact of
pin--at if jeeo forced t •
, she
we red be taken notieaaof, but sh.ould,
it' ale 4 re sunarnarily convicted for mega!
i4lt •4, A 4thnitted .
ii,, N 7,4 lin%
af,_ this was dealing mercifully with her.
She Inor,,,adnionishing
thi es, the "Las, unless she paid a fine of 20s. and
her, adjudged her to be
iiii goods
et,,h,4oeetninitt •
k ed. She declared she had not touched
kin
!411, 44)1e 11 0 11,..
18 iht4B,l totne -4Pll„• STREET.
a ene `ally !Ai sr, a widow woman, aged silty-foie
ti NI Nts • od, appeared before 11. Ir. Hall to request
O,N dt..NIIt •With th •
•St •••itto• Illight e parish authorities, that her claims
telt;l4 hadd,;e. Thee admitted, she being in a state of en-
,,mad Pariar, applicant was accompanied by a beadle
ty jot, N„e it sii,:.,trom whose statement it appeared that
1111 eq,, tilSt‘gie hotis'eular application on Friday last, and was
IliCOVjg'l had beena casual pauper, but it being ascer-
VehtNm ': 8 leaf j a householder in St. Anne's, Soho.
h. L.,--S4 it iki., : br.ead, shelter for the night, and wa,
killr '.11,3_ V, W:Lg onsoered that her claim for settlement,
47thA l4st 'llveoci, 'tloPon the authorities of the Strand Union.
.e.o44,4loeoazi,i:eorseettlyeinlngento,fficer of the Strand Union,
la 31t1t El":4letJ'zltt had been excluded from the advan-
from the fact that she had
ktlkikttit.
41: I)l.ii'snht. several tenements during her residence
totitAterill•iletlB4alLche eould not exercise
any magisterial au-
ohetot Ati equein'eretice existedbetweennarishes respecting
lheo,ted toillc'eg mend, is
he had experienced such shuffling
thWor r„ihd a„,.Zucera of St. Giles's parish when he was
tlitt'ttari-i,lef,thaiT destitute persons as the applicant to
11. th eat' tonior, he Nvas re tdl bliged to request of
.411thteohtspoerr:einlIcitithor,ities ptoeaexe examine into cases of real
Nli, l`Rlit it ,' rtii,,P ',lnds at his command to afford more
ho,ig•iptt t'wookip and that to a very limited extent.
lath', last,
,P eetl.-io well if a general fund was established 1
relief ,then I,q of hzO,7Y to prevent such lamentable oceur-'j
Nil ' °thite ss bo„ng parish authorities comparing with 1
t littelvay itiole per,'aless it might or might not be to afford
:154 ' lkilit, ' Illiser '°ll 'laving a just claim was suffered to
1tt,4°,4 hi, %I saiti'jitlll,l Want.
k1A,.:,,4 fir3t Part to t ere could not be the slightest objec-
kolthe exikta,ke the appli-ant into the house ; but it
1,014 the claiu, `ecl by the Bard of Guardians, that a
objec-
t '11'1(11 1)1 leal w,48 4 matter of dispute should be re-
-1,414,01N -aot wa, Y.
h7c the the emitift, conducted back to St. Giles's
-ikri)e 1)14 wryt that e, but returned in a few minutes to
~ k r•tor 811 e not only was rejected from
.the
11‘4,s'Pt., wood , -..Y in the most unceremonious
spar%l %ostrat_ oeinb. ~_.
liken (5,,,! agreea "4441 n. sent
.for, • at the solicitation c!f
Or, ;It 'l'%•ttnut_ 1 pv.e relief to the applicant until
evia...(Att j ° relief
her case before the board of
It i b.: . aka that to , bst„_,,, Iti mat the c• cu
I,,,,t4,lll:!4,l4:oiltil;ctv,:utilr,:e3,:;tiettlasii.ricis
he
ro:ia_r„
limn
vstesaanb;gae
toeff.rdo
1:n the applicantna3c
i o.
n lel s,
th,,i che,7,r c,0,,,,04 of sip
..,!._ Z.. GerlleS suetntitleddhertmdtahe
itti°lll4l.l.llg then tinl. e tetusoich mode of Proceeding,
"ling Winter, would be dying of
4dlliß kart v°)ST/jp s ttlallttlled
MantledtNa liattled Char- Titenr•
flack ',Pon tharge
Taylor, who had been ofhaving dangerously
IVey , 4 litio_itned Chart e
no e 1 :•oad ' oadea • es Chapman while firing at a
re-
his Tine N4,-, was .1 with ball,in a field atfoinin the
need
try`eo 'q 41a P 'lced at the b i
• g•
tt. at of h was .ar for final examination.
j N dtla 4nger, Ilew m attend
ki. t 1,4% , although the ance, and was pr -
:ktzlltis)4lll3:::l:l:lll3eLvvi_e4illt:iendhgea:lpfbiyoesfidtdhe
'NZ44, , lie . ed an t.),,,
efforts ball was still lodged in
thaNi, Re, oa •-•v of the surgeons to ex-
pelPorriesdelithere'
defray
44
1,
..eaa!len`e,e.:nt the injnreeds. iniesnfuo;teduntahtee reocacgiusr:
all the medical
htiktes..o4 his '1 orence betge he had underon
thi, ak‘eBhort
,o"...tilie eufferin an with a gratuity of 4/. as
rly 4 4140ent to the the Parties, ghee.complain4l4l4 4/4 CeLearjogped• Pr°Posed arrangement, and
vati,iiq;
~ .eker,
.... -.......„Xx. it 7...
, ~ohann.‘
~a,n, was charged with corn-
tl' ~° 4 NPe ~".arTied -in' v ivLt.
'''.i.,',;,1)°,,11: Thtile brklge, an talliabnneY,, aged eighteen, ser-
riat The p.,,,7 lciud. ecinplainaot,B e!'taker in Gloucester-street,
Sh; anePlainent,
state in
was of the most
4.,lniide
rilverit to 8 mast inept observed
44y te,kt that°
_coirmse_,lloer. he,. thaaetr he heard her call
etehnewith her. During the
itplit
ti;Ai tchl 1,1-g';n fllialalngbeel'elnB
assatZtaetldnl not
egrieSev
onit
she
:kir, :1:1111t hers roelv ife that
'144.,,, lotialed tliattlh!he sai,tin ittuld Perpetni):.eirtn4r Was the man
•4t 444114,„ he (witil:s, Was astee„
_..,e offence. On
citali about. '3) child, writ
on the second
la Only two years
-..*C 134 + _
tl/4"14 tile Prelecutri4 wore tip the
...

offence having been effected by the accused, he should leave
it to a jury to decide as to the prisoner's guilt, but he would
take bail for his appearance to take his trial at the Old
Bailey.

s
A man named Jeffries was charged with embezzling
I'. lls. 2d., which he had received from Mr. Atkinson, of '24,
Old Bond-street, for his mistress, Mrs. Jones, fishmonger, if
Amavell-street, Clerkenwell.
In August last the prosecutrix sent two baskets of fish to
Mr. Atkinson, who at once paid to the prisoner the cost for
the same, amounting to the before-mentioned sum. The
accused afterwards got intoxicated, and spent the money,
and has since been wandering about in want of common ne-
ces.saries.—He was fully committed to Newgate.
Two fellows, named Carroll and Tooney, were charged as
follows :—Sergeant 37, of the E division, said that while on
duty in Regent-square on Monday night, he saw the pri-
soners conduct themselves most insultingly to females Ile
remonstrated with them, and they then Commenced a feroci-
ous attack on them, and would have injured him mast dread-
fully had not some neighbours kindly interfered on his behalf.
They were committed to the House of Correction for 14 days.
Q UEEN-SQ UA RE.
A NOTORIOUS I3IPOSTOR.—On Monday Ellen Smallman,
alias Mary Watkins, a young woman on crutches,• with her
head so enveloped in linen bandages that her- face was
scarcely visible, was charged with begging.
James Light, 128 B, stated that at a little after six on
Saturday evening, he was in Queen's-buildings, Brompton,
when he saw defendant go into a dark place, and wrap
bandages round her head and right arm. She then placed
herself on the side of the footway, with a written label in
front of her, on which were the words, " I am entirely deaf."
She hung down her head, and appeared to be very ill; and
persons who passed relieved her. Witness then took her into
custody, when she walked very briskly to the station, and
Appeared to have suddenly recovered. He took the bandage
from her ann, and found that there was nothing the matter
with it; and on removing the cloth from her had, he dis-
covered a very fine head of hair, but no wound or injury of
any description. She understood what he said perfectly. •
elorseford, chief officer of the Mendicity Society, proved
that defendant had been on two or three occasions appra-
hended with her father. She could both hear and speak, but
he had every reason to believe that she was lame. Defendant
got a great deal of money in the streets.
Mr. BOND committed her for fourteen days.
Defendant, who never uttered a syllable during the exa-
mination, evidently understood every word, and on the de-
cision being given, immediately left the bar.
GREENWICH.
John Chambers a fruit-grower, at Mereworth, Kent, was
brought before Mr.i Jeremy, charged with resisting an ex-
ciseman in the execution of his duty, by which he had made
himself liable to a penalty of 2001.
Charles Crane depoSed that he is an' excise officer. He
was passing between the Dartmouth Arms railway station at
Sydenham and Lewisham, on Saturdayevening, when he
met the prisoner driving a van. It was between seven and
eight o'clock. It was nearly dark, and knowing that it was
not usual for fruit vans to travel by-roads in that neighbour-
hood, he suspected that he had contraband goods secreted.
He ran up to the van, and jumped in ; the man appeared to
be asleep. The prisoner being aroused, warned him off.
Witness told him that he was an officer of excise, and wished
to see what he had got in the van. The prisoner resisted
him, saying, "that he wanted to rob him." He was nearly
overpowered in the struggle, and called for assistance. He
was on his back for a quarter of an hour with the prisoner at
the top of him.
Joseph Gribble deposed that he was at the Castle Inn,
Brocklev village, when Crane asked him to follow. He did
so, and when Crane jumped into the van, he held the reins
of the horses, but the prisoner drove off at a gallop, and he
was nearly run over by the wheels, and in consequence let go
his hold. -Crane did not say he was an officer when Ike stopped
the van. He jumped in and demanded to search the van,
and then said be was an officer.
A police-constable deposed to stopping the van. On
searcing it a bottle containing two quarts of rum and a large
number of empty baskets were found. The prisoner said he
had bought the rum to take home on leaving the market.
It was dark at the time the prisoner was given in custody.
Mr. JEREMY said that, under a certain clause of the Ex-
cise laws, the prisoner had incurred a penalty of 2001. for
resisting the officer in the discharge of his duty. •
The prisoner said he was returning home from market
about twelve mouths ago, when he was stopped by a party
under similar circumstances, and his van was searched. On
proceeding homewards afterthis, he found that he had lost
71bs. of tobacco, and this circumstance being fresh in his
recollection, he conscientiously helieved that an attempt at
robbery was being made on the present occasion. He was
well known to Mr. Alderman • Lucas and numerous gentle-
men in his own neighbourhood, who would speak to his cha-
racter for a long period. He felt rather drowsy on returning
from London, and•took the road to Sydenham instead of
Widmore, near -Bromley, where he had to call on a friend on
his route through Chise:hurst to Mereworth.
Mr. Sly, the .Supervisor of Excise, attended, and said he
had reason to believe Mr. Chambers was a respectable man,
and the officer had suspected him from the fact, that fruit
carts did not travel on the road (a by one) where the prisoner
was met.
Under these circumstances, lAf;. JEREMY said he should
dismiss the charge. He hatl had a naerow escape.
WOOLWICH.
James Smith and William Jackson were placed at the bar
before Mr. Jeremy, charged with breaking windows at the
house of Mr. Wates, the relieving officer for the parish of
Woolwich.
Mr. Watesstated, that the prisoners on the previous even-
ing; came to his house and wanted relief. He told them he
would make them out an order for the union ; they refused
to go,'and said they had just come past the union house.
fie told them he could not help it ; these were his orders.
Shortly afterwards he heard the noise of two windows
breaking.
Police-constable, R 101, proved that when he apprehended
the prisoners they acknowledged having broken the windows,
and said they were sorry for what they had done; but they
did so in order that they might get into prison to be supported
there ; they were waiting deliberately for him to come up
with their backs to the walls.

The plea of the prisoners was, that they had come from the
country, the one from Suffolk, the other from Chester, and
could obtain no employment whatever.
Mr. JEREMY said he hardly knew how to deal with such
persons; there was no excuse for them, coming as they did
fram the country, where agricultural labour was in such great
demand. He should order them to pay the damage they
had committed, viz., 3s.

William C'hirry, ;I labouring man residing at Eltham, was
charged with stealing three exceedingly diminutive turnips,
the property of Mr. Geo. Smith, a farmer.
Police-constable Taylor, 218 R, deposed that he was cross-
ing Mr. Smith's farm on Sunday night about one o'clock,
when he heard a noise, and turning his light on, he saw the
prisoner in the act of pulling turnips a little out of the path ;
he had two turnips in his pocket and one in his hand; he ap-
peared to have been drinking.
Mr. Smith said that 5/. would not pay him for the loss he
had sustained by the robberies committed on his turnips and
potatoes.

Mr. JEREMY said he hardly knew how to estimate the
damage done in this case, as the value of the articles was so

trivial.
The prisoner said the fact was, he had been to Woolwich
that night, and he had had too much to drink. Finding him-
self thirsty ha pulled one of the turnips, and that being rather
small he threw it away and pulled another, as he thought he
would get a larger one.
Mr. JEREMY said that was just the way in which persons
who entertained such loose notions acted, and thus Mr. Smith
might suffer even to the extent of his rent. He should put a
stop to such practices, by committing the prisoner to hard
labour for fourteen days.

THE MURDER OF MI. PEACOP.
CHESTER, SATURDAY.—The further examination of the
four prisoners charged with this horrible murder took place
to-day, in the Nisi Prius Court. Shortly after eleven o'clock
the following magistrates arrived :—The Rev. R. M. Fielden
(Chairman), Messrs. J. D. Case. J. R. Shaw, 11. Winch, W.
Jackson, and W. Potter. After being in consultation about a
quarter of an hour in their private room, the four prisoners,
Tallant, Lynch, Nowlan. and Burns, were placed at the bar,
and the Court doors thrown open to the public, when a
tremendous rush was made, and the Court speedily crowded
to excess.
Mr. Fielden having asked Mr. Chew whether he appeared
for the prisoners to-day, and being answered by that gentle-
man in the affirmative, said, " I have to state that the
magistrates have given this case that ample consideration
which they promised they would do, and the decision they
have unanimously come to is, that the case must be referred
to a higher tribunal. The prisoners must, therefore, be com-
mitted to take their trial at the next assizes."
Mr. Chew declared the proceedings of the magistrates to be
contrary to law and to justice.
Mr. Fielden—We are not trying the case.
Mr. Chew—Then are these men to be incarcerated in gaol
for six months upon no evidence at all ?—( His further obser-
vations which he was muttering against the magistrates were
put an end to by the Chairman remarking that the prisoners
stood fully committed, and immediately the magistrates left
the bench.)
The prisoners appeared much disappointed at the result
as they had been led to the belief by their attorney that the
Bench could not commit them according to law. The im-
mense number of Irish labourers at Birkenhead are also much
disappointed at the result from the same cause, and a great
deal of dissatisfaction is expressed.

LAMBETH EMBANEMENT.—Considerable efforts are
making by the inhabitants of the ancient houses westward
of the Palace-wharf, Lambeth, to get up an embankment of
the river, to extend from the church to Vauxhall-bridge.
There is probably no part of the metropolis which calls
louder for improvement. The houses next the water are
generally swamped in spring tides, and the inmates washed
out of their cellars and parlours. The tide has risen as
high as the church yard wall, overflowing Palace-yard, and
the streets adjacent. Persons residing in Lambeth know
very well the inundations and misfortunes to which the
poor are exposed in the locality. Not long since all the
beer of a licensed victualler near the Palace-wharf was
entirely spoiled by the deluge which filled his cellar.
Either the Government or some spirited public company
should take this matter up, with a view of promoting health
and improvement. It is folly to talk of the health of the
lower classes, and the removal of nuisances, whilst this damp
and miserable district is suffered to remain in its present
state. The late Marquis of Westminster was so sensible of
the bad state of the banks of the river on the Surrey side,
that he consulted with his surveyors upon the best mode of
improving that part of his estates in Battersea-fields, and a
plan was adopted, which it is understood will be carried into
effect, for making an esplanade, to accord in architecture
with the intended new bridge across the Thames, in a line
with Sloane-street. At a period like the present, when ca-
pital, art, and science produce gigantic effects, it is reasonable
to expect something may be done to adorn the Surrey side of
the water, and that the magnificent pile of architecture
forming the new Houses of Legislation Should not be left a
splendid monument of taste contrasted by a prospect of ne-
glect of the public health and comfort on the opposite banks
of the river.

CHELSEA OUT-PENSIONERS.--WOOLWICH, SEPT.
27.—The enrolled Chelsea pensioners residing in the Wool-
wich division of the London district were measured on Fri-
day last for their new clothing, and shortly expect to be
called out for service under the command of Captain Forbes,
appointed to the staff of the Woolwich division. One hun-
dred and thirty-eight new muskets, with flint locks, have been
received from the Tower by the Armourer of the Royal Artil-
lery, to be set aside for use. These arms are a portion of
those which will be issued to the privates, and the staff non-
commissioned officers will be supplied with carbines, known
as the Duke's pattern, and formerly used by the 6th Dragoon
Guards. The dress of the pensioners is to consist of frock-
coats, made of a dark-coloured cloth, with scarlet necks and
cuffs, and the trousers of Oxford mixture, with red stripes
over the outside seams. Racks are in progress of erection
for storing the arms, which will be kept by the staff-ser-
geants at the depot at the rear of the Royal Artillery Bar-
racks when not in use. The number of efficient out-pen-
sioners in the Woolwich division is upwards of three hundred
and fifty men, thoroughly acquainted with the duties of the
services in which they spent the early part of their lives, and
still able and willing to serve her Majesty.
The eldest son of the late Mrs. Hemans has been
appointed engineer to the Irioh Great Western

.

THE SUN, LONDON WEDNESDA YT.

THE ACTION BETWEEN THE
SUPERB AND THE TWO SPANISH FIRST-
R ATES.
The following letter, contradicting the absurd assertion of
Thiers in relation to this action, has appeand in the
Times

EXTRAORDINARY WHIRLWIND
AT BAB WOL.TIL
About half-past two o'clock in the afternoon of Sun-
day last, one of these extraordinary freaks of the ele•
mews, designated whirlwinds, was experienced at Bab-
worth, near East Retford, which in its passage from the
S.E. into the N.W. did considerable damage, and was
productive of no small alarm to those persons residing
upon, and near the course which it pursued. From in-
formation collected from various sources it would appear
chat at about 25 minutes past 2, P.m., two dense clouds
were observed moving in nearly opposite directions, and
that towards the upper or western part of the parish of
Ordsall, these two floating masses suddenly came into
contact with each other, when they appeared to blend
together in a most singular manner, and assumed the
appearance of an immense vat: r-spout. This descent is
the mechanical effect of a whirlwind, which, creating a
vacuum, or high degree of rarefaction, extending
between the clouds and the earth, in which the
clouds descend by their gravity, or by the pressure of
the surrounding clouds or air. Having amalgamated
together for a few seconds, it soon became apparent that
mischief was brewing by strong currents of wind rushing
about, and beginning to amuse themselves by pitching
and tossing the sheaves and stacks of wheat, belonging
to Mr. Ledger, on the estate of John Kippax, Esq., in
all dirt ctions—east, west, north, and south. Finding
more corn on the opposite side of the hedge, its gambols
commenced here and occupied a slanting breadth of at
least one hundred and fifty yards across the field, which
it left in a most admirable state of disorder, passing
northward over a field of barley stubble, and another of
seeds, where its effects are only slightly discernible, it
passed the rubicon of Ordsall, at the top of the Whisker
hills, where it set to work in ri,4lit good earnest. It
commenced its carder of destruction in a large planting
of elms and firs, where, in addition to seven trees blown
down, the tops of many of the others are so intricately
twisted into each other as to defy all attempts to sepa-
rate them; whilst limbs and broken parts lie scattered
about in every direction. Here its range appears to
have been about one hundred yards wide. Leaving this
plantation somewhat abruptly, it crossed a small valley,
which is liberally strewed over with the trophies of its
victory brought from amongst the trees which it had just
left in such commotion. Entering another plantation
where were trees of a sturdier growth, it appears net to
have made so great an impression, as its pastime
was principally occupied in sporting with the junior
branches, which are suspended by the neck or
strewed about in the most admired disorder, to the
very confines of its lateral range. Descending the hill
it appears to have collected its force into less compass,
and after passing a plantation of elderly larches
without committing nny depredations of magnitude,
it entered a plantation of elms where its powers are
most fearfully visible. Here are no less than a dozen
trees capsized, and split and reft in every direction,
whilst the ground around is covered with the dead
and dying branches. Passing on from thence over the
valley, it crossed the valley which supplies the Babworth
lake, and entering upon two grass fields, which are
divided by an iron fence, it tore up this fragile partition
from end to end, putting the rods into every conceivable
shape, and snapping the uprights in pieces, as short and
as easily .as though they had been radishes. Along the
line of this fence were several large trees, usually de-
nominated hedge-row timber ; three of these were ruth-
lessly torn up by the roots; MAN the large reft boughs
from the others exhibit the resistless force of the storm.
These fields are in the occupation of the Rev. W. B.
Simpson, and are immediately in front of the rectory.
Rushing onwards it crossed the Retford and Worksop
turnpike road, immediately contiguous to the new lodge
recently erected as an entrance to the rectory, which
escaped completely scatheless, and entered the park
attached to Babworth Hall, and in its passage, tore off
large boughs from every tree with which it came in con-
tact, and scattered the branches to a distance almost in
conceivable. Leaving Mr. Simpson's farm premises, a
little to the right, it entered Bowman Hill wood, near to
an opening, by which it escaped on to the farm occupied
by Richard Milward, Esq., when all immediate traces of
it appear to be lost on the large brecks of the forest for
a considerable distance. Passing onwards, however,
within a quarter of a mile, we find trees which bear
marked testimony of the tempest's force; and further
onwards it entered the estate of the Right Hon. the Earl
of Lincoln, at Ranby, where its career appears to have
been stayed. Further than this we have not been
able to trace its progress, but, undoubtedly, it has pro-
ceeded much further, and been productive of greater
damage than we have been able to ascertain. On pass-
ing Babworth, an eye-witness describes it as a huge
dense black cloud travelling with astonishing rapidity on
the surface of the earth. It was accompanied by a
sin
torgreurlaatsr roaft trl ianign a nwelh ime
ho, a nihonwg
however,
and
viers,di
dattendednot
te extend
dw it
farwith
beyond
atwhic theh it rbursehaeddtho
nwwhai crhd
sawreallyc
eedin occupied.glyr a
pTi
dh, e
beingrate
not less than from thirty to forty miles an hour. With
the exception of the havoc committed amongst the trees,
no other casualties have come to our knowledge ; and it
is most providential that neither human nor animal life
has suffered from the visitation of this fearful and awful
elemental contention.--Doncaster Gazette.

TO TIM EDITOR OF TIIE TIMES.
Sir,--As the modrn history of France by the talented M.
Thiers is now in every reader's hands, I. feel it a sacred duty
to the memory of the gallant Lord de Saumarez, and of my
brave old shipmates, to give an unqualified contradiction to
a misrepresentation which casts a deep shade upon one of
the brightest pages of our naval annals—an achievement
which in the House of Peers both Earl St. Vincent and Lord
Nelson concurred in pronouncing to have surpassed anything
they had ever seen or heard of.
In describing the action in the Straits of the Mediterranean
on the eventful night of the 12th of July, 18(11, M. Thiers
asserts that the Spanish first-rates,.Carlos and Hermenegildo,
were destroyed by red-hot shot, fired from the Superb, and
heated by furnacaa sent on board for the purpose. Now, Sir,
at that glorious period'l had the good fortune to be the sur-
geon of that noble ship, and being one of the very few
survivors of her officers and crew, I solemnly pledge my word
of honour that there were no means of heating balls in any
of our men-of-war; that every spark of fire was put out
early in the day; and that the late distinguished Sir Richard
Keats, our captain, a thorough. bred officer and seaman,
would have scorned to employ any combustible missile, or
any other mode of warfare than the fair old English way
of fighting, with warm hOarts and cold iron.
I write, Sir, a tale of years loag gone by; bat as the
question is again before the world, some of your numerous
readers may be interested by nay relating some particulars
of the action, as well as the real cause of the tragical catas-
trophe so disastrous to our enemies.
Her Majesty's ship Superb arrived at Gibraltar, from a
cruise, in high health and discipline, a few days after the
battle of Algesiras, when the Hannibal had been obliged to
surrender from having grounded 'Under the enemy's batte-
ries; and when our other disabled ships were towed back to
the mole with great labour and difficulty from the wind fail-
ing them. Here, also, M. Thiers is in error. The Pompey
suffered, indeed, severely, but never struck her colours, as he
is pleased to assert. The exertions to refit the crippled ves-
sels were, I believe, never equalled; but they were far from
ready for service, when,• on Sunday afternoon, the 12th of
July (six days only after this first action), the combined
French and Spanish fleets, plainly in sight f our squadron,
was perceived to be preparing to weigh anchor. Then all
was bustle and animation ; the whole garrison and population
of Gibraltar were on the qui vice. The rock was covered
with anxious gaiers. The force of the enemy more than
doubled ours, beir'r two of 112 guns, seven of 74 (not reckon-
ing the Hannibal, which they failed to get out), and four
frigates. We had only four of 74 guns, and one frigate, for
the Pompey was obliged to remain in harbour. Neverthe-
less, our intrepid Admiral determined to attack them in the
night, ordering Captain Keats to annoy their rear after dark,
and adding, that he would follow with the other ships as
soon as possible. About sunset, after long maneuvering to
weather Carbrita-point, the enemy bore up for Cadiz, and at
half-past eight o'clock the Superb made sail in chase.
At eleven P.M. I had reported everything ready in my de-
partinent, and was walking the deck with the Captain, when
we came up with a large ship upon our larboard bow, which
proved to be the Carlos; and another, the Hermenegildo, was
soon after seen a little a-head of her, both unaware of our
stealthy approach, and probably too conscious of superiority
to fear attack.
This was a moment of intense interest; the wind blew
strongly from the East (a black Levanter), it was nearly
midnight, and dark as Erebus, our lanterns were concealed
in match tubs, our other lights shaded, while those of the
enemy flashed brightly from their portholes and cabin win-
dows. Our decks were clear, our brave tars at their guns,
cool and confident of succe.s. The strictest silence prevailed;
and not a sound was heard, except the ripple of the waves
as the gallant vessel made her way through them.
When nearly abreast of the Carlos, Captain Keats said,
" Now, Doctor, below ;" and before I could reach my quar-
ters the most astounding broadside was poured into her,
and repeated again and again before she returned a shot,
being taken so wholly by surprise. At last she began firing
from both sides, mistaking her consort for another enemy.
The effect of our thunder was terrific : away went her fore-
topmast, the sail fell over her bow guns, their flash caught
the canvass, and the rigging being newly tarred, the fire
flew to the mast-head with the rapidity of lightning, and in
a moment she was on fire fore and aft.
All was now horror and dismay on her deck, the Herme-
negildo was close to her; in utter confusion they fell aboard
each other; their yards locked inseparably; and in another
moment this second formidable vessel was also in a blaze.
Their sad fate was now too evident; the Superb, therefore,
ceased firing, and passed a-head to avoid the awful conflagra-
tion, for already some sparks had come into a port on her
lower deck, by which two cartridges exploded, wounding
Lieutenant Waller desperately, and several of our sailors
more or less severely.
According to my general orders, on the first alarm, I called
out for the magazine door to be shut, but when one vivid
blue flash after another came down the cockpit hatchway,
I thought our fate was sealed also; happily, however, the
deck was wet, and the evil extended no further.
From my pandemonium below I ran on deck for a mo-
ment's breath of air, and to catch a glance of the sublime
but appalling spectacle ; and the deep red glare Miming
and spreading over the sea and sky, the impetuous roar of
the raging flames, and the shrieks and agonising gestures of
the despairing Spaniards can never be effaced from my
memory.

It seemed wonderful that the adverse squadron, still so
superior to ours in strength, did not put about at any risk,
and try to rescue the hapless crews of the burning ships ;
but as they continued their course, it was obviously our
duty to fol'ow them.
Accordingly, the Superb overtook and engaged Le St.
Antoine, a French line-of-battle ship of equal force, which
after an honourable defence surrendered, just as the Admiral
in the Cmsar, and Captain Hood in the Venerable, came up.
The latter being the fastest sailer, at daylight, near Cadiz,
brought to action the gallant Linois in Le Formi.lable, but
without any other result than a mutual severe mauling, the
brave adversaries parting by consent with both their ensigns
flying.

As the Suberb had suffered damage in the engagement, we
necessarily laid to, not only to repair them, but to take pos-
session of and man the captured French ship ; and while
thus employed, a large boat came alongside, with 2 officers
and 39 only of the ghastly Spanish sailors—wet, nearly
naked, panic-struck, and speechless.
At noon next day we passed by the melancholy wreck of
the ships, blown into fragments by the explosion of the ma-
gazines, the only relics of two " wooden worlds," which the
day before floated proudly on the ocean, peopled with 2,400
men, all of whom perished, alas ! except the comparative
few we had the happiness to save.
In the evening we arrived at Gibraltar, with our prize in
company, under the command of our first-lieutenant, the late
Rear-Admiral S. Jackson, C.B. (than whom a braver fellow
never stepped on ship board), and were welcomed by the
garrison with the wannest enthnsiam.
I fear that this tough old yarn may be spun out too long
for insertion in your valuable columns, even at this compara •
Lively dull season, and have the honour to subscribe myself,
with great respect, Sir,

Your very humble servant,
B. F. OUTRAM, M.D., F.R.S.
Hanover-square, Sept. 20.

MELANCHOLY OCCURRENCE AT
HOUNSLOW BARRACKS.
We regret 'to state that an occurrence of a melancholy
character took place on Sunday night at the barracks of the
4th Regiment of Light Dragoons, stationed at Hounslow,
during which Quarter-master Thomas Tarleton was stabbed
in the belly by Lieutenant Martin Kerwan, of that regiment.
The greatest secrecy relative to the circumstances connected
with the unfortunate affair has ever since been maintained
by the military authorities at the barracks, and it was not
until yesterday afternoon that the fact began to be known,
even in the town of Hounslow. Various reports were im-
mediately in circulation as to the particulars of the trans-
action, one of which was, that in consequence of the pro-
motion, liry purchase, of Major Harcourt Masters, of that
regiment, to the rank of Lieut.-Colonel, unattached, which
appeared in the London Gazette of Friday last, that officer on
Sunday last gave a dinner to his brother officers, which took
place in the mess-room of the regiment at Hounslow bar-
racks. The convivialities of the evening were kept up until
a late hour, and it is stated by some who profess to be
well-informed, that about twelve o'clock, while under the
influence of wine, Lieutenant Kerwan took umbrage at some-
thing that occurred, and finally quitted the mess-room for
his own apartments, whither he was attended by Quarter-
master Tarleton, who endeavoured to soothe his irritated
feelings, but on reaching the Lieutenant's apartments that
officer immediately seized his sword and stabbed Tarleton as
above described. From inquiries made by our reporter at
Hounslow last evening, we have obtained, from a source "of
the highest respectability, upon which every reliance can
be placed, the following particulars, which differ consi-
derably from the statement in current circulation. After
the dinner, the officers generally amused themselves with
wrestling, and eventually with fencing, and our informant
states that it was in one of the passes, while fencing,
that the wound was inflicted. This account would make
the occurrence purely accidental, and this we trust will
turn out to be the correct version of the matter. Quarter-
master Tarleton was immediately attended by the surgeon
and assistant-surgeon of the regiment, who were present at
the dinner, and who, on examining the wound, finding it
to be of a most serious nature, communicated the fact to
Colonel Daley, the commanding officer, with a suggestion
that the assistance of Mr. R. Frogley, surgeon, of Hounslow,
should be procured. Colonel Daley immediately directed a
mounted orderly should be dispatched to Mr. Frogley's resi
dence in Hounslow„ and that gentleman promptly arrived on
horseback at the barracks, where he remained in attendance
during the night. The wound is understood to be of a most
serious character, and at present it is impossible to ascertain
its depth, or to form an opinion as to what the ultimate re-
sult may be. Mr. Frogley and the regimental surgeons were
in attendance several times yesterday, and we understand
that it was found necessary, from the symptoms which ap-
peared to first apply leeches, and afterwards to bleed to the
extent of 28 ounces. Quartermaster Tarleton is a man much
respected in the regiment, and in figure is very corpulent.
It is not known whether Lieutenant Kerwan has been
placed under arrest by the military authorities, but up to six
o'clock last evening no steps, as far as our reporter could
learn, had been taken by the police with a view to his appre-
hension by the chit authorities.
Colonel Daley, our reporter was informed, left the barracks
in the course of the forenoon for the purpose of reporting the
occurrence at the Horse Guards, and receiving instructions in
the matter.— Times.

T., „,
SUDDEN DEATH OF CAPTAIN DURBAN, R.N.--
Monday information was forwarded to Mr. Bedford, Coroner
for Westminster, of the death of Capt. J. G. D'Urban, R.N.,
which occurred under the following circumstances :—The
deceased 'gentleman had for some time past occupied apart-
ments at No. 38, Norris-street, Haymarket, and was a mem-
ber of the Junior United Service Clbb. About half-past
eleven o'clock on Sunday night he returned home, when he
appeared in his usual good health and spirits, and shortly
afterwards retired to his bedroom. Between one and two
o'clock the landlady of the house was alarmed by deceased's
bell ringing violently; and on going to his room and open-
ing the door deceased said, "Leave the light and withdraw,"
which she did. For some time afterwards he was heard to
be moving about; but on the servant taking up his shaving
water yesterday morning at the usual hour (eight o'clock),
and receiving no answer to her knocking, she entered, when
she discovered him lying with his head forward on the bed,
one leg partially bent under him, and: the other outside, his
foot nearly touching the floor. He was quite cold; and a
surgeon being sent for, life was pronounced to have been some
time extinct. Deceased was about fifty years of age.
Loss or Lire BY FlRE.—Late on Monday night, Mr.
Wm. Payne, the Coroner, held an inquest at Guy's Hospital,
on the body of Eliza Evans, aged six years, the daughter of
a labouring man living at 21, Brunswick-court, Bermondsey.
On Saturday morning, about seven o'clock, deceased was
about lighting the fire, when her pinafore stiddenly ignited
from the candle which was standing by, and burned so ra-
pidly that in a few moments she was enveloped in flames.
Deceased was removed to the hospital, and expired the same
evening from the erects of the injuries. Verdict--"Acci.
dental Death."