The Sun.
London, England, 1845-07-12 00:00:00

THE DUEL AT T.ORTSMOUTH

Althoughthat the parties concerned in this
lamentable it
is
occurrenceino
will not surrender to take their trials at
the present assizes, yet, as the depositions have been returned,
and a bill of indictment prepared for presentation to the gland
jury in the usual manner, Mr. Baron Platt made some obser-
vations to that body upon the subject upon the present occasion,
Elis Lordship observed that the law upon the subject of duelling
was-extremely clear, and had been distinctly laid down in the
several text books upon the subject. His Lordship then pro-
ceeded to read from Russell upon Crimes the several principles
upon the subject which were applicable to the present case;
and the general efftot of which was, that a party who had caused
the death of another, under circumstances which disclosed a
deliberate purpose upon the part of the slayer to gratify a feel-
ing of revenge by inflicting grievous bodily mischief with a
deadly weapon, was guilty of in4rder. With regard to the ease
where the indiction of death was preceded by the oircum,
Itaucos of great revocation having been 4,iveu to the

slayer by the deceased, it had been laid down that in orde•
to reduce the offence in such cases from murder to man
slaughter, it was essential that the wounding, battery,
should have been inflicted immediately upon the occurrenceye
the provocation, for if there were a sufficient cooling time 14_
passion to subside and reason to interpose, and the person
provoked afterwards kills the other, this is deliberate reveltge.'
ofand not heat of blood, and accordingly amounts to r°
If, therefore, two persons deliberately fight a duel, and OPAier°
them be killed, the other and his second are guilty of tor. its
no matter how grievous the provocation, or by which ftr4of
was given, and even the second of the deceased is gni".ti.l
the same crime, as being present aiding and abetting. It '
perhaps be suggested that, in the case under consideration, la
wound inflicted in the duel was not the immediate nausep,
death, and that it had, in fact, resulted from the surgical ele
ration. But this would not be an available defence, ,he
wound originally given was mortal, and if the effect ofithe
surgical treatment had only been to hasten the decease• he
jury would take care, as it was their duty to do, that the
should not suffer their minds to be in any degree influencoey
by anything which they had previously read or heard upon sthe
part of the case, and although they may not be able, upon the
evidence before them, to decide with perfect certainty as to
real character of the offence, yet if they considered that theli
were different grounds for putting the matter into a coal 10°
more minute and searching examination, their duty ann)
to return the bill, and leave the merits of the case to be un-
decided upon a full investigation of all the facts and the 13vbfer
The jury having retired, returned one or two indictments j
common larcenies, which occupied the Court for the rest, °I
the day.
~set
Mr. Justice Erie sat at Nisi Prins, and disposed of two cwt
totally destitute of interest or importance to anybody eice`
the parties immediately concerned.

CENTRAL CRIMINAL COURT'

OLD COURT.

(Before Mr. Baron ALDERSON.)
George Ilie!anott, on Wednesday, pleaded guilty to floe
charges of forging receipts, was placed at the bar to reee
sentence.
Several witnesses gave the prisoner an excellent characteribe
Mr. Baron ALDERSON said there was no doubt that o.
prisoner had prior to this transaction borne a very good cuatiot
ter, but still the offence was one of so serious a descriptio'se,
it was impossible to pass it over without inflicting a severe,jog
tence, such as would be likely to deter other persons coingo"
it in future. A short time ago the prisoner's life would inture
probability have been forfeited, and although the Legis'a it
had of late taken a more merciful view of the offenee,h.
doubly became the duty of the judges to take care that eo:aiod
placed lenity on their parts led to an increase of the (dole! the
compelled a return to that dreadful punishment which y
Legislature had abolished. He then sentenced him to be tre°
ported for ten years.
A'eled
William Leonard, 24, and John O'Brien, were in-,1400
for feloniously assaulting Ellen Reeney and causing an exP'°i,ori
of inflammable gas upon her, whereby she was severely hu,r,,joh
and injured, with intent to kill and murder her ; and Itog,
Twenty, 33, was indicted for feloniously procuring, '"'"toit
and commanding the first-mentioned prisoners to do andeOTS
the felony.
rej
The circumstances under which the charge was pref'eharse
will be fresh in the recollection of our readers, as they
been given very recently in the police reports. ro'
Mr. Baron Aanscitsort, at the close of the case for the Pe to
secution, expressed his opinion that there was no evidene,r
induce the jury to convict the prisoners of the offence el 'is
tending to murder the prosecutrix. He doubted whetil eer'set
law, if the prisoners had really caused the explosion by t" oe
imputed to them—viz., unscrewing the gas-pipe, it would e,Lef
within the scope of the Act of Parliament, or whether
could be charged with the intent to murder the proseeeir'to
In his opinion, the more probable intention and object wbelp
burn and injure the house, but, at all events, he could 120 t „b $
thinking that the evidence was very slight to support s°'
serious charge. cord.
The jury concurred in the view of the case taken by his 7-$Ol
ship, and they, therefore, at once returned a verdict 0'
Guilty,
William Wallis was indicted for the manslaughter of JeU3ci
Boxall. Oa
It appeared that the prisoner and the deceased were yep
public-house together, both being slightly intoxicated, wi
they quarrelled, and eventually fought, and the deceasew
the scuffle, received such injuries as caused his death. (16'
Evidence was adduced for the defence to show that the
ceased had forced the quarrel and fight upon the prisoner, joti
the latter received a very good character.
ev
The jury found the prisoner Guilty, but strongly r-
ece
mended him to mercy,
polish
confinement.
Baron ALDERSON sentenced him to a month's pe
Margaret Shoughnessy was indicted for unlawfullyA
ue9ert"
in,'' her child.
After the examination of some witnesses,
Mr. Baron ALDERSON expressed an opinion that the iir
deuce did not support the specific charge contained ie tu-sot
dictment ; and the jury accordingly returned a verdict of
Guilty.

SURREY SESSIONS.
(Before Mr. PUCYLE and a Bench of Magistrateq 0 $
On Thursday—Tames Bowesly, aged fifty, describe , b of
schoolmaster, in William-street, Poplar-row, in the Psri9iiitY
Newington, was indicted for indecently assaulting two
girls named Palmer, sisters, who attended his school. d6a
From the evidence it appeared that the defendant 1"/
pit
wife conducted an infant school, and that it was part °pia
duty to teach the female children, as well as the males, eaiveo
and arithmetic. In the performance of that office, it ass rle'
in evidence that the defendant had behaved with gross ,;., tO
cency to some of the female children, but more especiawd,
two girls, sisters, of the name of Palmer, the daughters/3OP
decent mechanic. The children were at first afraid tome bat
what had taken place at the school when they got horae; iliO
one of them having confided to another the eircurnstanete of
defendant's gross conduct at length came to the knovri ibg
the children's parents, and they, in consequence, institute
e;tos
present prosecution against him. The children, in the
obit);
of their examination, gave similar testimony to that 130
they had recently done at the police-court, and whi'
already appeared.
sgsj it
The defendent denied the charge, and insinuated that
,iO,
got up against him in order to remove him from his situaLtot
There, however, being no grounds for such an assertion as of
uttered by the defendant, the jury found him guilty, and he
sentenced to six months' imprisonment.

11/8
CHEESEMONGERS' BENEVOLENT INSTITUTIOL,,--ttIO
anniversary dinner of this Society was held on Thursday amen
London London Tavern, when about one hundred and twenty gentid
sat down to an excellent dinner prepared in the best Oil tits
Messrs. Bathe and Breach. Mr. W. Ewart, t°°oolll
chair, and was supported by some of the principal metnhers pinto
trade. The Chairman, in proposing the toast of the f? hope'
" Success to the Cheesemongers' Benevolent Institution,' ;haft
and ventured to prophecy that, in the course of a verfed
poA
period of time, the duties upon those articles which form
roil
an incubus upon their trade would be removed. The sec rot'
then read the usual report, which announced the increasing rf
tpe
perity of the Institution, and also the list of subscriptions To
evening, which amounted to nearly three hundred pound'. 00,
vocal part of the entertainment was conducted by Mr. 1-1013b6 nt'
with his assistants, contributed greatly to the amusement
AV
assembled party, who retired about eleven o'clock. Mr. Toote
the toast-master, and, we need hardly add, acquitted himself ip
able manner.
REDUCTION IN THE PRICE OF GAS.—The rm.
ham Old Gas Company have given notice that from the Ist "00
present month the price of gas to consumers under 5,0°°,,,, or
feet per quarter, will be 6s. Bd. per 1,000; to those consulnnw,
wards of 25,000 cubic feet per quarter, 55. Bd., and to eng°
above that quantity, 4s. 6d. per cubic font.
lfe
ORNITHOLOGICAL EXPRESS.—The system 0-f O
stl
j
munication by means of carrier-pigeons, between Lon°o ,reo
Paris, is carried on to a very considerable extent, and at 3; bi
cost. There are several perfect establishments kep,t,ilore:
parties interested in the quick transmission of interta a,
at the ports of Dover and Calais, and at regular diets
on the roads of the two countries; whence the birds s'jitlis
changed in regular order, as they return with their, bid
billet. The interruption occasioned by the hours of nht
oa
made up by a man on horseback; who
again at daylig;',., the
arriving at a pigeon-station, transfers his dispatch
y dsl
keeper, who has his bird in readiness. The distance 7,006`
is accomplished in less than eight hours. It has been OS
that hawks have proved themselves dangerous enemies eoste
to these quick-flighted birds; and a premium of half-a-cof
is paid for every hawk's head produced. The paY tof
keeper is 50/. a-year ; and when this is added to the c;:tio0
food and the expense of sending the pigeons on from s' thst
to station to be ready for their flight home, it will aPPL„earjeti
the service is attended with considerable outlay. 1`;11- of
of training young birds, and the management of `efe
ones, in feeding them at proper times, and in keeping t'l,,,oosw
the dark till they are thrown up, is very responsible, and* tO
unceasing. A good bird is not supposed to last more than
yeaßrs.—Note Book of a Naturalist.
11'
OCHDALE MONTHLY CATTLE PAIR, 0
JULY 7.—We have had about an average number of b°sacl
cattle in the far to-day ; there was also a numerous attend all
of graziers, butchers, and country farmers. The prices °tbel
sorts of horned cattle were about ten per cent. higher than tn'
were at our last monthly fair, and more than an average ,T
her of the middle qualities oibeasts were sold. Good nittoaet
was selling at 9d., 91-d., and in some instances at 10d. Per 6
being upwards of a penny per stone less than it was a !vont' fl
SAVAGE CONDUCT.—On Monday afternoon, - h tll-
found upon the street was taken to the police-office Inac rY
worse of liquor, and, as is the practice with this description °r t. "
ola
sonars, when they do not seem outrageous, he was put into te ac.
along with several others, who were in custody on the sau'd 151
° lo
count. After being left in the place, it seems he went boot
down beside a fellow prisoner, named David Watson, and, svlo
the slightest provocation, caught hold of his under lip vi_Al /rein
teeth, and fairly tore out the piece. Watson was rescue" 00
the fury of this cannibal, but in a frightfully disfigured states,i.
the want of a large portion of his lip.—Glasgow Constilui° jog,
ROBBERY FROM A WAGGON.—Thursday everinlay
shortly after nine o'clock, James Stutter, a man in the en3rooo,
Messrs. Chaplin and Horne, had occasion to leave a wl;
containing goods, for a few moments, at the corner of Port° ;et*
street, Lincoln's Inn-fields, and, during his absence, tw°2o tl)a
apparently countrymen, who had been noticed standing "9,9 on'
waggon, and had been supposed to be belonging to it, we'otion
served to lift several parcel. from it, and proceed in the drr
Attie
of Holborn. Upon the return of the man they had made O"
the property.
a. be'
SINGULAR ACCIDENT.—On Thnraday rnovarnr,giog
tween eleven and twelve o'clock, a bricklayer, named John Ye leg
residing in Upper-street, St. Martin's-lane, who had been piP
to excess, fell aster, with a box of congreve matches thief
pocket, which from some cause ignited and set fire to his cifhellt°
His wife, who was in the room with him, fortunately put
out, but not before he had sustained severe injury.
_o,e/

IHRTIELF. Gil°
On the 7th inst., at Southampton, the lady of Alfre—
Esq., C.E., of a son.
h
On the 7th inst., at St. Ann's-hill, Wandsworth, the la
of R. B. Dunlop, Esq., of a son. 014
iA
On the 10th inst., at Freder-street, Mrs. Job*
Taylor, of a son. d
_....-
.

On the Bth inst., at Trinity Church, Islington, the of
gesr ili.
- --• b -
Rheniers, to M

, co .argaret Sergi Matilda, fifth daughtel
iate Lieutenant-Colonel Charles Elphinstone. ch
On the 10th inst., at the church of All Saints, -vr;o0v"
Daniel, son of Daniel T. Shears, Esq., of the Lawn, ger
Lambeth, to Ellen, youngest daughter of John Gilbert
mott, Esq., of Norwood.

i)./If:D.
o 111111 °II'
On the Ist inst., Mrs. Smythe, of Newpark, Rose
relict of the late R. Smythe, Esq. gilriS'
On the Ist inst., at St. Leonard's-on. Sea, LucY
~
second daughter of J. W. Sherer, Esq.
1.1111.
On the sth inst.., at Tunbridge-wells, Charles —1
lace, Esq., aged 42. Si°
On the 6th inst., at Charles-street, Berkeley-square'
Ann Ral..er, aged 82. ,_,.. Tor
On the Bth inst., at the Ffryth, near Wrexham, AP'
ping, widow of the late J. Topping.

-------0
15146'1e
L ,i-k.,11 : Printed and Published by MURDO Y ,i„ 1
ifi
'go. 112, Strand, Printer, at The Sun Office, ,
...,Alo'''ty
Strand. in the Precinet of the Savoy, in the
vv
Uiticlicaex, Saturday, July 12, 1845.

SIXT II

Sir PETE]
ANDREI

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