The Sun.
London, England, 1844-05-01 00:00:00

supporting the narrower ground of interpretation, and having 1 SPORTING INTELLIGENCE:
been informed on the highest authority that an appeal was
(RECEIVED THIS DAY.)
depending in the Court of Queen's Bench, he should best
CHESTER RACES—YEgrEnDAY.
consult the interest of all parties if he directed a case for the Produce Sweepstakes of 50 sous. each, hft ; for colts Bst 41b,
opinion of the Court of Exchequer as to the construction of and fillies Bst. (Ten Subs.)
the Act of the 3d and 4th of Wm. nr., chap. 27. That case Mr. Mostyn's Brunel .. ... .... .... ... ............ (Holmes) 1
might be argued in the course of the next term, so as to Sir R. Bulkeley's Coal Black Rose ...
enable his Lordship to dispose of the case altogether before I The following also started :—Mr. Mostyn's Lady 'Alice,
the long vacation. Lord Westminster's Fanny Eden (carried 31bs over), and
The Court then proceeded with the case of Canty v. Holds- I Mr. Price's Missy.
ditch.
Missy made ail the running to the last turn, where Coal
Black Rose took it up, and went on with it to the distance.
Brunel challenged her there, and won easy by a length.
Fanny. Eden was beaten early.
Match-49 sovA. Mile and a half.—Mr. Smith's Tubal-
cain, Bst (Copeland), beat Mr. Collett's Rory O'More, 9st,
cleverly.
Two-yrs-old Stakes of 25 sovs. each ; colts Bst 51b, and fillies
Bst 21b. Half-a-mile. ' :

VICE-CHANCERY.-(THIS DAY).

The Vice-Chancellor of England was occupied the whole
day with the further arguments in the part heard motion of
Booth v. Glover.

QUEEN'S BENCH.-(THIS DAY).
(Sittings in Banco.)
The Court took the Crown paper this morning. No case
of the least public interest had come on up to the hour when
we went to press.

Mr. Worthington't Lancashire Witch (Oates) 1
Mr. Smith's Alice Gray
The following also started :—Lord Westminster's Ann
Page, Mr. Bennett's Violet, Mr. Skerratt's Tottenham, Lord
Stanley's Psalm-singer, Mr. Yowler's Witch, and Mr. J.
Shepherd's Alaric. A remarkably fine race between all but
Violet and Witch, the Lancashire Witch winning only by
half a neck, Psalm-Singer a head from the second, and so
closely run in that the judge could not place a third.
Sweepstakes of 5 sovs. each, with 25 added. Heats, 1 mile-
and-a• half.
Mr. Dawson's Daft Watty, 4 yrs (Lye)
Mr. Speed's Walton, 3 yrs
Mr. Wilson's b c by Hampton, d by Comus, 3 yrs
Sir R. Pigott's fby Dr. Faustus, 3 yrs ..
Won cleverly.
CUP BETTING.
6 to 1 agst Red Deer 22 to 1
,7 to 1 agst Pagan 25 to 1
7 to 1 agst Bramble 25 to 1
• 15 to 1 agst Nutwith. 25 to 1
20 to 1 agst Jamie Forest I 25 to 1
20 to 1 agstAlice Hawthorn I 25 to 1

BAIL COURT.-(THIS DAY).
(Before Mr. Justice 'MAULE.)
THE QUEEN V. RICHARD ANDREWS.
Mr. 3IILLER applied to the Court on behalf of Richard An-
drews, a prisoner in Warwick gaol, on a charge of murder,
that he might be admitted to bail before the magistrates of
Birmingham, in the county of Warwick. He mae this ap
plication on the ground, that there was not a scintilla of evi-
dence in the case to support the charge. The deceased was
the infant child of the prisoner. She was about three or four
years of age. The prisoner's wife was dead, and he lived with
this child in a state of akect poverty, in a small house in a
court of Birmingham. The prisoner had been remarkable for
the very great attachment he had for his child, and the
kindness he invariably showed to it. About half-past seven
in the morning of a day in January, the prisoner hav-
ing gone out some little time, the people in the
court were alarmed by screams of distress which
proceeded from the house, and going to the windhw they per-
ceived a fire in the room, and a child (to use their own exprea-
sk,n) " fighting with the flames." They went into the house
and found the child on a bed of shavings, with an old rug
over it—the shavings being on fire. The child, which was
very much burnt, was at once rescued and conveyed to the
hospital. Near the place (and this was one of the grounds of
suspicion) where the child's hand had been observed " fight-
ing with the flames" was a small cinder ; which, however, in
his (Mr. Miller's) opinion would, upon the trial, decidedly
manifest the innocence of the prisoner. When the child was
being taken to the hospital by the wife of a man who had
been first to rescue it—and who kept a house of ill-fame in
the court, this woman said—" I believe it was her father who
set her on fire." The child, before it had been taken to
the hospital, was asked how she got on fire, and she
replied she had felt so very cold that she had gone
down stairs to warns herself—that she had played with the
fire, and then had got into the rug. In two or three hours
after, about eleven or half-past eleven, when in the hospital,
somebody spoke to her on the matter. and she said it was
Isar father put her there. At this time the mind of the child
was giving way, and there was no doubt (and the affidavits
stated it) that, in her then wandering state, she feebly re-
collected what had fallen from the woman when carrying her
to the hospital. Before twelve o'clock the evidence of the me-
dical gentlemen testified that she was in a state of complete
delirium. He should state, that as soon as ever the father
heard of the accident he hurried to the hospital in the great-
est agony, and that the moment the child saw him she
strove to get to him, 'and hugged him in the fondest way,
which she certainly would not have done, had he been the
cause of the dreadful torture she was enduring. Unfortu-
nately the inquest upon the child was taken before a Coroner
who was of the medical, and not of the legal profession,
and who admitted these expressions of the child in evidence,
which the Court would be aware a lawyer would not have
done. The consequence of the admission of this illegal
evidence was, that a verdict of " Wilful murder"
was returned, and the man was committed under
the Coroner's warrant to Warwick Gaol, to take his
trial. At the last assizes an application was made by the
prosecution to put off the trial, on the ground that the two
persons he had alluded to who first discovered the fire, were
not present, and their evidence was essential. They, in fact,
were persons of bad character—the police had been after
them for some crime or other, and they had absconded. The
prisoner had applied to She Court that the depositions of these
witnesses should be read, in order that the Court might be
satisfied there was no sufficient evidence against him, and so
authorise him to go at large on bail until the absconding
'*itnesses were brought forward ; but Mr. Baron Gurney
tie sitated about this, on the ground that he could not recog-
nize consents in criminal cases. Before the witnesses went
up to the grand jury the solicitor to the prosecution had
very properly warned them that they must not repeat to that
tribunal the illegal evidence which the Coroner had so im-
properly admitted before his jury.
Mr. Justice WrGrermax—rhen the prisoner is arraigned
on a true bill as well as on the Coroner's warrant.
Mr. MILLER—Yes, my Lord ; but I have affidavifs to prove
that, though warned not to do so, the witnesses did give the
same illegal evidence before the grand jury that they had
previously given before the Coroner's Court.
Mr. Justice WIGHTMAN—HOW can you properly know
what passed before the grand jury ?
Mr. MILLER—The affidavits of the. witnesses are now in
nay hand.
Mr. Justice WlGHT:aux—Had the prisoner been kept in
custody simply on the Coroner's warrant, my course would
have been pretty clear, but when he is detained by reason of
a true bill found by the grand jury, the case takes a very
different aspect. Can you give me a case in point ?
Mr. MILLER would •endeavour to do so.
Mr. Justice WIGHTMAN—I will take time to consider tire
matter, and to mention it to Mr. Baron Gurney. But you
must be prepared with a case m point when the subject is
again brought before the Court.

4'l 1
1 2 2
3 dis
3 dr

agst Tacita
agst Rowland
agst Freedom
agst Roscius
agst Xanthus
agst Everton

MARKET NEWS.-(THIS DAY.)
CORN—EXCHIINGE.
We had, the time of year considered, a fair average sup-
ply of English Wheat. The best parcels readily produced
Monday's figures, but other qualities were very heavy.
Foreign Wheat met a slow inquiry, at unaltered figures.
Barley was a heavy sale, but not cheaper in any instance
In Malt, Oats, Beans, and Peas, a fair business was doing.
ARRIVALS. •
Wheat. Barley. Oats. Flour.
English ..... 3,430 qrs. 370 qrs. 1,0.5) qrs. 3,110 sacks
Irish.. 3,780
Fortign 3,220 14,660 460 ----
alt. 4,240 qrs.
WHITECHAPE.T.4.
Prime Beef, Mutton, and. Lamb were in demand, at full
prices. Otherwise the trade was heavy, and previous rates
were barely supported. Beef, from 2s 2d to 3s 4d; Mutton,
2s 4d to 3s ; Lamb, 5s to 6s 2d; Veal, 3s 4d to 48 4d ;
and Pork, 2s 4d to 4s 2d per Blbs by the carcase.

EXCHEQUER COURT-THIS DAY

(Sittings in Bunco.)
The Court took the special paper to-day.
THE QUEEN V. EMANUEL SCOTT A.ND OTHERS.

Mr. ERLE applied for a rule to show cause why "a fine of
5,000/., and some smaller fines' which the Court of Queen's
Bench had imposed upon the defendants, who are railway
engineers, belonging to the Leeds and Manchester Railway,
for the purpose of compelling them to widen and improve a
parish road over which the railway passed, should not be en-
forced, and why further proceedings in the matter should be
respited. The road was at first only 18 feet wide, and the
parish authorities required that it should be made 30 feet wide.
Colonel Pasley had pointed out how the improvement could
be effected, and the defendants forthwith set about the matter
and completed the requisite improvement, and as the fines
had been only nominally imposed, in order to compel the de-
fendants to widen the road forthwith, it was now sought to
have the parties relieved from any further process.
Baron ALDERSON said that it was necessary to show that
the public were satisfied with the alterations made in the
road. It might so happen—though he did not mean to say it
was so in this case—that both plaintiff's and defendants
might be satisfied with what had been done, while the public
convenience might not have been consulted in the matter.
It was therefore necessary for the defendants either to get
an affidavit from two resident magistrates, or from Colonel
Pasley, to the effect that the public convenience had been at-
tended to in the making of the improvements.
Mr. Dux—Your Lordship could grant a rule nisi, to be
made absolute on our procuring such an affidavit as your
Lordship suggests.
Baron ALDaitsoN—Yes, you can have a rule nisi, under-
taking to get such an affidavit.
Rule nisi granted accordingly.
The other cases that came before the Court up to the time
of our going to press, were merely arguments on demurrer,
involving only questions of law.