The Sun.
London, England, 1829-05-19 00:00:00

...OS TIIII NOTION FOR

, .
addition stated, that the knife as it now appeared was
blunted at the point, and he was of opinion that it was
not so when the )vound was inflicted.
It will be recollected that nn the last examination it was
stated that a young woman was taken into Kensington bar-
racks by Birmingham, who slept with her on the night of
the murder. The female alluded to, and who it was stated
was a stranger to Birmingham, has since been found ; and
she was sow called on to prove this important fact. Her
nanae is Sarah Berry, and she is a very young girl. On
being called into the room, she stated that on Wednesday
last she had been spending the evening in Tottenham-court
road with a female, who was now in the country. After-
wards, while going to Kensington, she met a gentleman,
who desired her to wait for him for half an hour, but not
liking his appearance, and being afraid of him, she, in
order to avoid him, got over the wall into the Kensington
Barracks. This was about half-past eleven o'clock. A
young man, dressed like a groom, came up and spoke to
her, and asked her to accompany him to his room—she
did so, and slept with him all night.
Coaolaatn—Did you ever see the young man before?—
No, Sir, I never saw him before to my knowledge. It
was near six o'clock on Thursday morning when I left
him ; and on coming down into the barrack yard, I saw
the serjeant, and he saw me. I have not seen the young
man since. He had on at the time I saw him a kind of
foraging cap on his head. The sentinel on duty at the
time I had some knowledge of.
Juror—How is it that you have come here?, Witness—
The serjeant saw me at between five and six o'clock on
Friday morning, in the Park, and he told me that he
wanted me to say that Thomas was in bed with me during
the whole of Wednesday night.
Coaosiaa—What else did he say to you 7—Not much.
• He talked about a death that had happened, and said that
he had been at the inquest. Thomas was the serjeant at
the time. . .

frbr *lot,

LONDON,
TUESDAY EVENING. MAY 19. 1829.

It will be seen by the Debate of last night that
the House of Commons have decided against Mr.
O'CONNELL'S claim to take his seat without first
taking the Oath of Supremacy. The numbers for
the motion were 190, against it 116, leaving a ma-
jority of 74 against Mr. O'CoNszu.'s claim. The
address of the Hon. Member at the Bar of the
House was listened to with great attention, and was
Idnly appreciated by all parties for its temper and
moderation. As we have already expressed our
opinion in favour of Mr. O'CONNELL, it would only
be a waste of words now to reason upon the mat-
ter. The question is decided against him, and a
new writ will probably be issued this evening for the
election of a Member for the County of Clare. Mr.
O'CONNELL will, it is expected, be re-elected with-
out opposition. rile Hon. Gentleman will this
afternoon attend the House for the purpose of hav-
ing the Resolution of the House of Commons com-
municated to him by the SPEAKER.

The following is from the Votes and proceedings
of the House :

The witness having been called on to state particularly
the nature of tlie conversation which took place between
her and the setjeant when lie first met her in the Park,
she merely repeated what she bad previously stated ; but,
on being pressed, she denied what she had previously stated,
namely, that Birmingham was with the serjeak, and said
that she had not seen him since she had left him on Thurs-
day morning.
Juror—Did you ever live in Kent-street, in the Bo-
rough ?—Witness : Never in my life, Sir.
The witness was here desired to withdraw ; and on her
doing so, one of the local constables came forward, and
on being sworn, said that he went to Kensington Bar-
racks on Saturday morning to serve the witness, who had
just gone out, with a summons to attend here on this dev,
she told him that she resided at No. 6, Kent-street, in the
Borough.
William Lea, on being sworn, deposed that he was con-
fined in the New Prison, on suspicion of felony. He then
stated, that when the young man, Birmingham came first
to prison, be was cleaning the yard. The witness ad-
dressed him, and alluded to the shocking nature of the
charge that he had been brought to gaol for. The young
man replied that it was. I then advised him to he care-
ful, anil not give any information to those in the prison
who asked him about the matter that he was brought
there for. On the Saturday witness again saw him in the
yard, when he went up to him and said, " Whoever has
done the crime, he did it with a penknife." " No," said
he, immediately, " it has not been done by a penknife,"
adding words to this effect, " that no one would ever find
out what it was done with." Witness then told him he was
there as a prisoner, like himself, and again cautioned him to
be careful what he said. The prisoner then said, " What I
say to you I hope will go no further." Witness then re-
marked that there was half-a-crown found in the band
of the deceased, upon which he said, " I saw the half-
crown, but so help me God I didn't give her any money
that night." Some further conversation then took place
between us, relative to a pin found on the deceased. He,
Birmingham, said that he could not be identified, adding
that the murder could not be discovered as it was dark
when it was perpetrated. He then said that he had spent
two of the most dreadful nights he ever did since he was
apprehended. He further said that he was in the habit
of getting over the barrack wall at all hours of the night,
and also said that he took the girl to sleep with him to lull
suspicion, and that she might be seen leaving the barracks
the next morning. He said that his master would get him
out of the scrape if it cost him 500/. and he shoula take
care not to say too much on the subject. On the
Sunday morning he started up in his bed and ex-
claimed, " By Mary, I have done it at last ;
where am I now?" Witness slept in the same room
with him, and distinctly heard the words just re-
peated. On Sunday morning a newspaper was brought
into the prison. He was at the time lying in bed ;
one of the prisoners said, " Here's all your case con-
cerning the murder," addressing himself to Binning-
ham—" I will read it to you." At this moment witness
perceived a considerable change in his countenance, and
he remarked the circumstince to oae of the turnkeys. He
(the prisoner) frequently said that he knew that no one
could hang him, as nobody could prove that he had com-
mitted the crime. He afterwards said, " I hope I will
not be shown the body, as I should not like to see it."
Before he left the prison this morning, he said to witness,
" I hope what I have said to you will not be mentioned
elsewhere," or words to that effect, " as it can be of no
benefit to you, and I hope the saddle won't be placed on
the wrong horse." lie repeated again that the murder was
not done with a pen-knife; and when witness asked
whether it was done with a bayonet, and whether there
was not some likelihood of the weapon being discovered ?
he replied that it was not likely the weapon would be
found. It was then near ten o'clock, and Birmingham,
shaking hands with witness, said, " God bless you, if I
never see you again ; I hope you will not mention what I
said to you."
CORONER—Is every thing you have said true?
The witness declared in the most solemn manner that
every thing he had stated was correct, to the best of his
belief. He mentioned that the statement he had now
made he took down in writing, immediately after it had
taken place, in order to refresh his memory.
Samuel Aruntlell examined.—l am a prisoner also in
the New Prison, Clerkenwell. I saw Birmingham for
the first time on Saturday. I❑ the course of the evening
I heard he was suspected of murder. The next morning
(Sunday), before chapel time, on my speaking to him on
the subject, he disclaimed all knowledge of it; I then
asked him how far the place where the body was found was
from the barracks ; and he replied about a mile and a
half, adding that he slept in the barracks on the night of
the murder. On Sunday morning, witness proposed club-
bing together for a newspaper ; Birmingham declined sub-
scribing, saying that he did not wish to have any thing
to do with newspapers; witness, however, afterwards
procured one, and perceiving an account of the murder
in it, asked Birmingham if he wished to have it read.
Birmingham at this time exhibited much agitation and
changed colour. Witness then began to read the article
to those around. Birmingham threw himself on the
bed, and a stranger coining into the room, be fixed his
eyes on him. Witness, on coining to the name of the
young woman, perceived a deep flush came over Birming-
ham's countenance, and his lips quivered, and he remained
motionless until the conclusion of the reading of the
paragraph. He then said that he left the Csmden's Arms
pliblic-heuse at eleven o'clock on the night of the murder.
That the landlord saw him go from the house, and that
he directly crossed over to the barracks and went to lied.
He added that he had not seen the deceased for a fort-
night before.
Smith, the watchman, was re-called, and, in answer
to a question from the Coroner, said that he was confident
Birmingham wits not the man he saw with the deceased
on the night of the murder.
The CORONER summed up the evidence, after which
The Serjeant of the 15th Hussars said, he wished, he-
fire the termination of the proceedings, to be heard in ex-
planation of his conduct in the business. The request
was granted, and the explanation was pronounced, both
by the Coroner and Jury, as perfectly satisfactory.
Strangers were then ordered to withdraw, and after a
deliberation of about twenty minutes, the Jury returned a
verdict of " Wilful Murder against Thomas Birmingham,"
who was shortly afterwards removed from the Holland
Arms to Newgate, on the Coroner's warrant.

" Daniel O'Connell, Esquire,—Debate on Motion (15th
May),—' That Mr. O'Connell be called lltck, and heard
at the table,' resumed;—Question again stated :—Amend-
ment proposed, to leave out from the word ' O'Connell' to
the end of the Question, in order to add the words, the.
Member for Clare be beard at the bar, by himself his Coun-
sel or Agents, in respect of his claim to sit and vote in
Parliament without taking the Oath of Supremacy, instead
thereof:—Question, ' That the words proposed to be left
out stand part of the Question,' put, and negatived :
Words added :—Main Question, as amended, (That Mr.
O'Connell, the Member for Clare, be heard at the bar, by
himself his Counsel or Agents, in respect of his claim to sit
and vote in Parliament without taking the Oath of Supre-
macy,) put, and agreed to.
" Mr. O'Connell was called in, and heard accordingly,
and being withdrawn :—Motion made, and Question put,—
' That it is the opinion of this House, that Mr. O'Connell
having been returned a Member of this House before the
commencement of the Act passed in this Session of Parlia-
ment for the relief of his Majesty's Roman Catholic sub-
jects,' is not entitled to sit or vote in this House unless he
first take the Oath of Supremacy :'—The House divided;
Ayes 190, Noes 116.
" Mitrtis, 19° die Maii, 1829.

" Ordered,That Mr. O'Connell do attend the Hausa this
day; and that Mr. Speaker do then communicate to him
the said Resolution, and ask him whether be will take the
Oath of Supremacy ?"

The French Papers contain no additional news
from the Theatre of 'War in the East. The
Gazette de France contains some particulars re-
specting the failure of the negociations which had
been opened with the Dey of ALGIERS by the
French Consul, at Tunis. The Dey is fortifying the
whole coast of Barbary, so that, if France should
think of undertaking an expedition against him, it
would require a considerable number of troops to do
it with success. The Dey is represented as having
expressed surprise that France should persist in re-
quiring satisfaction from, or should demand the pay-
ment of an ialentnity beyond his resources for con-
tinuing a war which he neither excited nor merited.
What decision the French Cabinet may now come
to we know not, but we think that they have
hitherto displayed neither energy nor skill in their
attempt to punish the refractory Dey.
(From the Gazette de France, dated May 17.)

PARIS, MAY 16.—The Count de Villa Flor has just
left Paris to return to London. _

~•M. Carnpusano, lately Ambassador of Spain at Lisbon,
is appointed to the same post at Vienna. He will arrive
at Paris in a few days.
The official part of the Moneteur contains a report,
filling six columns, from the Minister of the Interior to the
King, respecting the state of the roads in France, and the
best means of completing and repairing them.
The Moniteur states that the total length of the roads
called the Royal toads is about 6,6311 leagues ; that
only 4,205 leagues are in good condition ; that 6,166}
leagues want repairing ; there are 8141 leagues to com-
plete, and 446 to open.
The roads to be repaired would cost 61,000,000
To be completed 43,400,000
To be opened

Total 139,400,000
This result, which is perhaps exaggerated, is doubtless
calculated to excite uneasiness, says the report, especially
considering the burdens which the country has already to
bear ; but the advantages are such, that it is evident that
no expenditure was ever more usefnl or productive. The
Monitsur then states at length measures recommended by
the Commissioners appointed to iuquire into the subject,
and recommends an ordinance in 20 articles, which the
King has approved, and which is annexed to the report.
FRKNCH FUNDB.-LPARIS, MAY 16. —Five per Cents.
107 f. 95c. 108 f. ; Three per Cents. 78f. 80c. 90c. 79f. ;
Bank Stock, 1878 f. Naples Stock, 861. 55c. ; Royal
Spanish Loan, 79f. ; Haytian Loan, 415 f. Exchange on
London, one month, 25f. 45c. ; three months, 25f. 30c.
—Court Authentique.

German Papers have Leen received to the 13th
inst., but their contents are not politically important
They chiefly refer to commercial matters connected
with the fair at Leipsic.

Letters and Papers to the 24th November have been
received by the Borodino, via Mauritius, from Van
Diemen's Land. We regret to state that their con-
tents are very unsatisfactory. Great commercia
pressure prevailed. Colonial produce at extreme
depreciation. Flocks actually refused at 3s. 6d. per
head, and worst of all, the incursions of the natives
had assumed a more dangerous and ferocious character
than ever. Such was their audacity and strength
and the many atrocities they had committed upon
the unfortunate Settlers falling into their hands, that
martial law was proclaimed, and the Governor was
proceeding to the interior to take the field against
these barbarians, who had shewn no mercy to sex or
age, but slaughtered, indiscriminately;:all they could
lay their hands on. His Excellency was to fix his
head-quarters near Ross, and the contest is now
likely to prove a war of extermination.
Some commercial failures had occurred, and more
were apprehended.

Our City Correspondent says, " We can state
on authority from a quarter which seldom or ever
failed us in information, that the moment the French
and English Ambassadors arrive at Constantinople
the SULTAN will make propositions, through the
medium of the above Ambassadors, to the Emperor
of RUSSIA, for the amicable termination of their
existing differences ; it is understood that the propo-
sals on the part of the GRAND SEIGNOR are very
moderate, and which it is expected will not be en-

Prince LiEvEN, the Russian Ambassador,
and the French Charge d'Affaires, transacted business with
the Earl of ABERDEFN yesterday, at the office of the Se-
cretary of State for Foreign Affairs.

tirely refused by the Emperor of RUSSIA."

Prince LEOPOLD entertained a select party to
dinner on Sunday evening, at Marlborough House, Pall-
mall. Among the company were the Duke of BUCCLEUGH,
the Duke and Duchess of LErstsxxx, the Marchioness
of STAFFORD, the Marquis and Marchioness of : -
,-.-_--
a,-;
CONY NI:MAW, the Marquis and M I Marchioness of LoxooN- There
0 s s
o,c EiL has been lately black-balled at one rumour o just now in circulation that Mr.
DERRY, Count and Countess Lunot.r, Earl and Countess
DARNLEY, Earl and Countess GOWER, Viscount and
-
Viscountess GRANVILLE, Mr. and Mrs. HUSKISSON, Mr. the English Catholic Clubs. When we call to
AGAR ELLIS. The dinner was given in the new drawing- 1 mind the peculiar circumstances connected with this
room, which was used for the first time. 1 Gentleman ; when we remember that it is chiefly
Prince POLIGNAC, the French Ambassador, owing to his exertions that the Catholic Aristocracy
was invited to dine with his MA,Esrr on Sunday, to meet are no longer cyphers in the State; that to him
the Dukes of ORLEANS and CHA RTRES ; his Excellency
had, however, left tows for Tunbridge Weill, for the they are indebted for their improved condition, nay,
bead* of his health. i even for their political existence---we cannot but