The Sun.
London, England, 1842-04-11 00:00:00

THE SUN, LONDON, MONDAY MORNING-. APRIL 11, 1842.

ch arged with creating a disturbance in the Surrey
teatre, and a,ssaulting one of the constables.
Selby stated that he was a constable, and that while
on duty at the above theatre, on the preceding night, he
was called into the boxes by a gentleman, who com-
ied of the improper conduct of the defendant to-
wart is him. When he (Selby) went up the defendant was
abut ing the gentleman, calling him by the most oppro-
brions epithets, and his conduct was so violent that it
was found necessary to eject him from the boxes. In
carrying this into effect, however, the defendant re-
sisted very much, kicked witness on the shin, and when
he :got him into the lobby, the defendant tried to throw
hiln over the bannisters, which, had he succeeded in the
attempt, might have proved fatal. At length the de-
fendant was taken to the station-house.

-
Mr. Mackerel stated that he was sitting in the front
of one of the boxes, ,and the defendant, who was behind
him, conducted himself in a very improper manner, with-
out the slightest grounds. He desired witness in a very
di,itatorial manner to take off his hat and sit
down, although 'there was no impediment in the
Ar ay. Witness, -finding the defendant inclined to
be very noisy, did not notice him at first, upon
which he used th ?se expressions—" You are ashamed
to take off your ha t, as you wear a wig. Come out, and
I'll fight you for P. sovereign." And when the constable
afterwards came up the defendant exclaimed, " You are
a parcel of thieres, come here to rob people." The wit-
ness confirmed -the constable's account as to the assault,
and the violenae of conduct he exhibited in getting him
out of the theatre. The witness added that the de-
fendant, to show his wit, exclaimed that he would "fry
him " in the r corning, in allusion to witness's name
being Mackerel
The defendrAnt denied that he was so outrageous as
represented, and said that Mr. Mackerel would neither
sit down nor take off his hat, which prevented those
behind from seeing ; and that nettled at such a want of
common politeness, he (defendant) used rather strong
language, he admitted, when the constable was called,
and, he was dragged out by fur or five men and taken
to the station-house. He complained that he . was the
a ggrieved party himself.
Mr. COTTINGHAM said that the defendant ought to
have complained to the box- keeper, if he considered that
his view of the performance was intentionally impacted
instead of acting in the manner he hat done. The de:-
fendant, instead cf being fined, put a small sum into the
poor-box, the constable saying that he did not wish to
press the charge.
CLERKENWELL.

• William Prescott, was charged with assaulting Mr.
Jackson, a silversmith, in Nelson-place, Clerkenwell.
The complainant stated that between eight and nine
o'clock that same morning, he was coming from his
country-house, Hornsey Cottage, to his place of business,
with his family in a chaise, when the defendant, who
was riding in a cab, put his head and waist out of the
window of his vehicle, and, after flourishing his stick,
made a deliberate aim at him, and struck him violently
on the forehead. For a short time he was deprived of
reason, and the reins of his horse. dropping out of his
hand, the animal took fright and broke the harness, and
it was a miracle that no further injury took place. Upon
his zecovering himself, he gave chase to the accused,
who pressed forward as fast as he could until he arrived
at king's-cross, where he had the horse turned round
egain towards Clerkenwell, and while driving at ,his
utmost speed he was stopped by a policeman, to whom
witness appealed for assistance.
Mr. GREENWOOD—Did the defendant refuse to stop ?
Complainant—Yes ; he tried all he could to get away.
Mr. GREENWOOD—What have you to say to the
charge ? Defendant—l was flourishing my stick, and
it accidentally-strfick this person.
Mr. GREENWOOD—WeII you seem a gentleman, and
I should think the blow occurred as you have described.
Complainant—lt was not an accident. He took a deli-
berate aim at me.

Mr. GIUIENWOOD —Have you any witness ? Com-
plainant—Yes. Here is my wife. She will tell y(,u
whether it was an accident or not.

Mr. 9REENWQOD—WeII., I shall not examine her, as
the geiftleman does not deny that he struck you. Do-
fendant—Suppos2 I were to give a sovereign to some
charity ?
Mr. GREENWOOD—YOU have committed an assault,
according to your own admission, and I fine you 20s.
Defendant—l hav'n't only 15s. or 16s. about me. I will
give yoU a cheque, if that will do.
Mr. GREENWOOD—YOU will soon be able to procure
it. If we were to take cheques we should be inundated
with them. -

Mr. GREENWOOD (to Waddington the gaoler)—Don't
lock the gentleman up, let him sit in your room until he
gets the money.
Waddington then led him away, but returned shortly
afterwards into the justice-room, and addressing Mr.
Greenwood, said, C° Your Worshir, I can't stand this
The man you told me not to lock up will not sit down.'
He says he will go where he likes, and there he is flour-
ishing his stick about, and treating me like dirt."
Mr. GnEzNwoort—Then you mutt do your duty, and
treat him as you would any other prisoner.
Waddington, who seemed delighed with the order,
immediately- returned to the gentleman and bundlqd him
into a cell.

The 20s. were, in about a quarter of an hour forth-
coming, and the prisoner was liberated.
MARLBOROUGH-STI?EET.

James Knight, a young man in the garb of an ostler, was
charged with stei.ing a 51. Bank of England note, under the
following circumstances :—The prisoner, having been for some
time out of a situation, was a sort of " hanger-on" and occa-
sional servant at the Swan Tavern, in Mount-street, Gros-
venor-square, kept by Mr. James Mitchell. On Wednesday
last he was entrusted with a five-pound note to get change, and
with which he decamped. Information being given to the
police, he was stopped yesterday, at Hounslow, as he was passing
through the town, the police recognizing him f. om the descrip-
tion that had been forwarded. lle was fully committed.

at once admit all the facts stated by my Learned Friends. I t
admit that the letters which have been read were written by
the unfortunate defendant, and therefore I will not trouble my
Learned Friends to call any witnesses to prove what I so
readily si,tmit. The Learned Counsel then read that part of
the teclaratim which recounted the injury which the plain-
tiff had sustained by the malicious and unfounded charge
preferred against him by the defendant, and stated that the
defendant, having admitted the truth of it by allowing
judgment to go by default, he (Mr. Godson) now, in the
presence of the Court, admitted that it was true, and that
there was not the slightest ground for the prosecution to
which the plaintiff had been subjected. He (Mr. God-
son) was sure the Jury would be glad to hear one statement
more, and it was that the defendant was upwards of :0 years
of age, and that he (Mr. Godson) agreed with his Learned
Friend (Sergeant Ludlow) in thinking that the only way of
accounting for his extraordinary conduct was on the ground of
insanity, or perhaps, more properly speaking, of delusion. As
to damages, a large sum should be given. Such a sum as must
convince the plaintiff that the Jury regarded his character as
untainted, unsullied, perfectly good, moral, and just. He ( Mr.
Godson) was prepared to consent, and the arrangement bad
been sanctioned by his Learned Friends on the opposite side,
that the verdict should be far 2001:
A verdict of 20111. damages war then recordedfor the plaintiff.

NORFOLK ClRCUlT.—Norwich, April 6.
CIVIL SlDE.—(Before Lord Chief Justice TINDAL.)

THE QUEEN V. UTTINE AND ANNE BUNN.

This was an indictment which charged that the two defen-
dants conspired together knowingly to accuse falsely one Dania
Durrant with having committed a lately-capital assault upon
the female defendant, Anne Bunn.

Mr. Andrews and Mr. Byles conducted the prosecution; Mr.
Prendergast and Mr. Palmer the defence.
and the female was the wife of a labouring man, residing near
YarmouthT he male
defendant,
;tha for
urUatltoi Utting ' i
alone
hass a sheriff's officer in Norfolk,
pleaded to the indictment,
and he, therefore, alone was. tried. At the last assizes one
Daniel Durrant was indicted for having on too several occa-
sions committed a rape on Anne Bunn, and, after an investi-
gation of many hours, he was acquitted upon one indict-
ment and found guilty upon the second. There were many
circumstances which at the time rendered the story of tie
proaecutrix very doubtful, but she persisted in it with great
cunning and consistency. and it having been in some degree
confirmed by other evidence, especially by that of Utting, the
prosecution was but too successful, and the unfortunate man
was sentenced to be transported for life, and be is now at the
hulks. At the trial she swore that the prisoner was the first
and only uan who had been intimate with her, and she hid
the scene at. a period then very recent. Soon after the trial,
however, she was observed to be enceinte, and it then became
apparent that the story of her being intact at the time of her
alleged intercourse with Durrant was false. Inquiries were
immediately set on foot by the friends of the then prisoner,
who had heretofore borne an irreproachable character, which
ended in the preferring the present indictment, which was
found a true bill, and removed into the Queen's Bench.
The evidence taken yesterday and to-day was most volumi-
nous, and as it consisted almost entirely of convex sat ions with,
and statements made by the two defendants, it is impossible to
give an account which would be intelligible without extending
it to an into'erable and unpardonable length.
The defendant, at the conclusion of a very protracted in-
quiry, was found Guilty.
Sentence be passed in the Court of Queen's Bench.
CaowN CoußT.—( Before Mr. Serjeant ATCIIERLET.)
William Youalle, aged 17, was indicted for setting fire to a
barn full of corn, the property of Daniel Watson, on the 29th
of December.

Air. O'Malley stated the case ; Mr. Gunning, at the request
of the Learned Judge, undertook the defence.
The prosecutor is a farmer at East Harling, and on the
night of the 29th of January he had a barn full of wheat
and peas near his dwelling-house. lie was at his brother's
at eight o'clock in the evening of that day, arld was callei
in a great hurry to go 4.0 his premises, which he did, when
he found the barn on tire. The prisoner was a poor boy
living in the same place, and it appeared that in the morn-
ing of the same day he met one Ward in e street, and
asked him how he liked Norwich Castle? to which Ward said
not at all. Norwich Castle is the Norfolk county gaol, and
Ward had been recently confined there. Upon Ward's giving
this answer, the irisoner replied " I'll be there soon ' • I'll set
somebody's place on fire before to-morrow night." The fire
was first observed about eight o'clock in the evening, and five
minutes before that time the prisoner was seen within a few
yards of the barn. lie was apprehended two hours after the
tire, and itated to the police.nan who had him in custody that
he had gone to the barn between four and fire is the afternoon ;
that hn had then 1 one home and supped, and taken a box
of lucifers, with which he and another boy had set fire to the
straw in the barn. He made the like confession to the Magis-
trate, before whom he was taken, to whom he also admitted
having confessed to the policeman. The prisoner was one of the
most active persons at the fire, endeavouring to extinguish it.
The Jury found the prisoner Guilty.—Sentence was deferred.
George Barber, aged 10, was indicted for murdering John
Smith, a lad of eight years aid, by throwing him into the river
Waveney on the 6th of last November.
The stripling prisoner not being tall enough to Le seen
above the front of the dock, the door was opened and the boy
placed outside the bar. He at first pleaded " Guilty," but at
the suggestion of the Learned Judge he withdrew his plea, and
consented to take his trial. It appearing that the only.evidence
against the prisoner were certain supposed confessions of his
own, and that they were rendered inadmissible by reason of
having been extorted after a: threat to run him through the
body with a red-hot iron unless he confessed,
The Learned Junox stopped the ease in lintine, and the pri-
soner was Acquitted.

NORTH WALES CIECUIT.7-Chester, April 6.

• CIVIL SlDE.—(Before Mr. Justice CovristAN., )
HICKSON V. WOOD.

This was an action to recover compensation in damagcs for
defamation of character.

The plaintiff is a commercial traveller rasidirig in Manches-
ter. and the defendant is a grocer residing in Stockport, in this
county. The facts of the case were briefly these : About
the beginning of the present year the plaintiff, who was in the
employ of a wholesale-tea dealer in Manchester,called upon the
defendant to receive a small account, and to solicit orders; the
defendant took up a bag containing a quantity of silver, and a
purse containing gold, from which he paid the account to the
plaintiff, and the latter left the shop. Shortly afterwards the
purse was missing, and the defendant pursued the plaintiff
and charged him with stealing it. This he denied, on which
he was searched, but the purse was not fc und. Subsequently
it was discovered on the counter in the place where the defen-
dant had placed it. The latter was afterwards applied to to
retract the charge of felony which he had made, but he refused.
The Jury found for the. Vamtiff--Damages 40/.

ELECTION COMMITTEES.

LONGFORD,

The Committee appointed to try the merits of the petition
against the return of Mr. Luke Wlrite (Liberal ), for the county
of Longford, met on Friday at eleven o'clock. It consists
of the following Members:—Mr. G. W. Wood, Mr. J. W.
Hendley, 11r. R. Ferguson, Mr. H. Halford, Mr. Mangles,
Mr. Forbes, and Lord Ashley, Chairman.
The sitting Members for the county of Longford are Mr.
Luke White and Col. H. White, who at the last election each
polled 621 votes. The defeated candidate, and the petitioner
in the present case, is Mr. A. Lefroy, who polled 483. The
question raised by the petition is one that applies to
Ireland solely, as the validity of the election is
disputed only on the ground that a great number of the votes
for Mr. White (against whose return the petition is presented)
were not possessed of the sufficient qualification of 101. a year
over and above all rent and charges.
The Counsel for the petitioner (Mr. Lefroy) are Mr. Ser-
geant Wranghain, Mr. Bere, and Mr. Lefroy ; for the sitting
Member, Mr. Austen, I%'r. Robinson, and Sir J. Bailey.
The CHAIRMAN gave the usual intimation to the parties
with regard to costs, &c., and the clerk then read the heading
of the petition.
Sergeant WRANGNAM contended that the preliminary pro-
ceeding ought to be the opening the registry, which he said
had been the usual ourse up to 1837.
Tho Clerk of the Peace for the county of Longford was
called to prove the poll books, and an objection was taken to a
voter named James llogherty, for the purpose of raising the
quest ion.
Mr. A(I STEN said tint this was an argument that would oc-
cupy a rhele day, and he suggested that it would save time
and be more convenient, if the Committee would adjourn to
the next day, than to commence the argument at that hour
(one o'clock).
. The CHAIRMAN asked if himself and Mr. Wrangham would
undertake to finish the arguments on both sides in the course
of to-morrow.

Sergeant WRANGHAM said he could not attend to-morrow
without the utmost inconvenience ; and the only possible
arrangement he could see that would moral:no:late his Learned
Friend—though he mentioned it with extreme diffidence to the
Committee—was that they should adjourn till Tuesday.
Mr. ROBINS 114 suggested that Mr. Austen might go on with
his argument to-morrow, and that Mr. Wrarighain might
reply on Monday.
Sergeant WItANGRAII could not undertake to say that the
arguments could be concluded in one day, as Mr. Austen
might claim a right to reply nn his rejoinder.
According to the arrangement made on Friday' with the
Counsel of both parties, this Committee only met on Saturday
morning, at eleven o'clock,pro forma, to adjourn till this day.

WIGAN.
The Committee met at eleven o'clock 0.1 Saturday.
The vote of Joseph Wa'sh, which was nbjcc'ed to on the
part of the petitioner, and adjourned from Friday, was pro-
ceeded with. The vote was retained.

The Committee then adjourned tial eleven o'clock this dly..

GREA I' MARLOW,

Mr. TALBOT replied on Friday at great length upon the
evidence against the vote of Jason Povey, which was objected
I o on Wednesday by the petitioners Counsel on the ground of
bribery, ang has occupied the Committee ever since.
The mom was then ckared. In about a quarter of an hour
the parties and Counsel were re-admitted, when
The CHAU:MAN stated that the vote was a bad vote and
must be struck off.

Mr. Sergeant WRANGLIAnt then addressed the Com-
mittee on the p irt of the petiti,mer, and expressed a hope
that, as the vote of Charles Gibbons was retai. ed upon
the sitting Member's poll solely on account of the credit
given to the testimony cif Richard Gibbons, in opposi-
tion to the evidence of the voter himself, and as this
Rictiard Gibbons had been convicted be'ore the Committee of
gking false evidence in another case (for which he was now
paying the penalty by inearcerati,m in Newgate), the C nomit-
tee w odd re-consider their decision. The Learned Sergeant
cited several cases to show that tlic Committee had the power
so to do.

The CHAIRMAN then said, that Mr. Austen should be heard
in reply on Monday, at eleven o'clock.
The Committee then adjourned.

SUDBURY.
The Committee appointed to try the merits of the petition,
against the return of men; hers for the Borough of Sudbury, com-
menced its sittings at one o'clock on. Friday. Mr. REDINGTON
in the Chair.

Mr. Sergeant Wrangham and Mr. Hildyard, are the Counsel
fu'r the petitioners; Mr. Austen, Mr. Cockburn, and Mr.
Lebec, for the sitting Members.
Mr. Sergeant %Vita:souAsa opened the case for the peti-
tioners. The election for the borough of Sudbury, took place
on Tuesday the 29th of June. The registered constituency
at that time amounted to 693 ; of this number, there voted
for Mr. Villars, 284 ; for Mr. Dyce Sombre, 281 ; for
the two unsuccessfnl candidates, Messrs. Jones and Taylor,
374. Until Saturday, the 26th of June, Messrs. Jones
and Taylor had, been in iwlisputed possession of the
field. It was not till Sunday, the day previous to the nomina-
tion, that the adverse candidates, Mr. Villars and Mr. Dyce
Sombre, appeared in Sudbury. They came, in answer to a
requisition from nearly 2110 of the electors ; and upon the cif-
cumstances connected with that requisition, and what followed
upon it, the case of the .petitioners would rest. The requisi-
tionists received one sovereign each for signing the requisition.
Mr. COCKBURN interrupted the Learned Counsel, by en-
quit ing whether be intended to specify tho names of the voters
who received, and of the persons who had given the bribe. It
had been decided in several Committees, that the name and
place must be specified.
Mr. Sergeant WRANGHAIf said, the case of the petitioners
was of this nature. On the Monday evening two sets of
strangers arrived in the town of Sudbury ; one party took up
their abode at the Black Boy, and tho other at the Swan. The
parties at the Black Boy hired a bed-room in tile inn, and on
the morning of the nomination a large stream of voters were
seen making their way towards this room. It would bc-• rroved
that they received from these strangers 21. each in addition to
the sum which they had previously received on signing the re-
quisition. On receiving this sum it was Observed to them by
the strangers that they knew where they could get the rest.
he same stream of vo:ers then proceeded to the polling
booth, and, after polling, to the Swan. It would be proved,
that at the latter place they received another sum of 41. each,
through a hole in a window, having previously been supplied
withta ticket for that purpose in the Committee-room of the
Sitting Members. The Learned Counsel specified several
other eases of bribery by persons whom, he said, he should be
able to connect with the Sitting Members, but said the peti-
tioners mainly rested their case on the bribery en masse to
which he had referred.

The Learned Counsel having concluded his opening, the
writ and the poll-books were put in, and the Committee al-
journed shortly before four.
The Committee met on Saturday morning at eleven o'clock.
The Counsel for the petitioners proceeded to examine wit-
nesses in support cf their case.
Joseph Cook examined by Mr. HILDYARD, deposed to
having seen a large body of electors go on the morning of the
polling to the Black Boy Inn, which was an inn us,te by the
Committee of the sitting 31,nnbers, where they went up stairs,
and remained there about five minutes.

William Dighy, a constable of Sudbury, examined by Mr.
Sergeant WILANG lIAM, deposed that he saw a large body of
voters go to the Black Bey Inn, whence, after remaining a
short time, they proceeded to the polling-booth. From
the latter place. they proceeded to the Swan Inn,
which was at the side of the Market Hall, and opposite to
the Black Boy. He 'saw several persons come out of
the Black Boy to poll in the course of the day, some
of them being accosipanied by the four Messrs. Goody, who
were agents of the sitting Members. All these persons polled
for Mr. Villiers and Mr. Dyce Sombre.
James White, examined by Mr. HILDYAItn, deposed that he
was employed by Mr. Thomas Goody to keep order at the
Black Loy, and that he received B'. ter his trouble. He was
also engaged on Monday to go to the Swan. There was a
room at the Swan, at the top of the stairs, in which he saw
Mr. S. Goody, the solicitor. The rails of the stairs gave way
in consequence of the pre. sure of anuinber of persons who went
up stairs.
Benjamin Harris, examined by Mr. HILDYA RD depos,'d
that on the morning of the polling he saw a number cif per-
sons proceed from the Black Boy Inn to the polling-booth,
and vote for Mr. Dyne Sombre and Mr. Villiers. There were
some scores of persons who did so. The Good: s were very
busy with them.
This witness was cross-examined by Mr. LEAKY, but with •
out anything of impie tance being elicited.
Sarah Baram, examined by Mr. HI LDY ARD—She was at
present a servant, living in London. At the time of the elec-
tion she was servant at the Black Boy Inn, Sudbury. The
"Yellows" frequented the Black Boy. On the Monday even-
ing preceding the day of polling two strangers arrived
at the inn. On the Tuesday morning, she saw
one of them in the bed-room up stairs; he was there
about two hours and a half. A great many of the voters went
into the room to h.m. 'I hey only went in one at a time, and
remained about a minute. '1 he others were crushing up stairs.
When they left the room they went towards the hustings.
Witness saw the door of the room open, and something given
away by the strange gentleman. She knew Mr. Dice Sombre,
because he was a black man. Saw him on Tuesday going up
the stairs which led to the bed-room. The stranger was there
at the time he went up. She said to the voters when they
were crushing up stairs, " For goodness sake don't crush so,
or you will break the place down."
The Learned Counsel was then proceeding to ask the wit-
ness what was said to her in reply, when
Mr. AUSTEN objected to the question.
The room was cleared, and on our return the Committee an-
nounced that they Lad resolved that, previous to deciding whe-
ther the question could be put, Counsel must show whether the
parties whose conversation with the witness he sought to elicit
were or were not voters for the borough.

The witness having alleged that .roseph Wheeler, jun., had
addressed him on the landing of the stairs, evidence was gone
into for the purpose of identifying him with a person similarly
described on the poll-book.
The room was again cleared, and on our retarn the Commit-
tee announced that they had decided that the question should
be put, inasmuch as they would have to report to the House
upon facts of bribery, elihough not committed with the know-
ledge or consent of the sitting Members, or their agents.
Sarah Baram was again sailed, and on the Learned Counsel
asking her what Joseph Wheeler said to her when she spoke of
the crushing, the witness said his reply was, " We are going
to take our money." The witness then gave some furthe:-
evidence, in the course of which she stated that she was pre-
sent in the room three or four times when the stranger was oc-
cupied with one of the persons who had come up stairs, but she
could not state the name of either of the parties whom she saw
there.
The Committee adjuurned at half-post four.