The Sun.
London, England, 1827-04-14 00:00:00

IMPORTANT TO MANUFACTURERS.

Our readers may recollect that Messrs. Atkinson
and Barr, calenderers, of Manchester, were summoned,
at the instance of Mr. Graham, the collector of Ex-
cise, to show 'ause why they should not forfeit nine-
teen pieces of printed cottons or handkerchiefs, that
were found on their premises without a stamp de-
noting that the duty upon them had been paid, and
that after hearing the facts of the case, in which it
was admitted by the informant that no fraud was in-
tended, Mr. Foster, the sitting Magistrate, said that
he would give judgment on the following Thursday.
In consequence of this intimation, Mr. Alexander
Kay, who appeared on the behalf of the defendants,
attended at the New Bailey Court House, on Thurs-
day, and stated that Mr. Faultier had learnt (but he
could not vouch for the fact) that the matter had
been before the Board of Excise, and had excited
considerable attention. The officers were extremely
desirous that the question should be set at rest ;
but the Board, considering that the Act related
principally to goods upon which a drawback.
was claimed on their exportation, and that
was passed above a century ago, declined to.
give any official instructions as to the seizure of
goods found as were those of Mr. Faulkner. If the
act, said Mr. Kay, were construed literally, the bu-
siness of the town would be completely paralysed.—
The officers might enter the shops and seize any
remnant of printed cotton that had lost the tab end.
Licensed hawkers might be stopped on the highway,
heir packs rummaged, and their contents seized.—
He therefore begged that before the Magistrates de-
cided upon the question they would take these points
into their consideration. Mr. Graham had expressed
himself satisfied that the duty had been paid, and
that, consequently, there could have been no fraud
in the case. The only question then was, were the
goods, under these circumstances, liable to seizure
It was true, that the words of the act were dis-
tinct upon the point, but hi hoped the Magis-
trates, possessed as they were of the real facts of
the case, would decide not upon the letter, but upon
the spirit and meaning of the act, which undoubtedly
applied more to the shipment of printed goods, upon
which there was claimed a drawback, than to practice
now and so long prevalent, not only in Manchester, but
in every manufacturing town in the kingdom. The
i
practice had prevailed n London to five times the
extent that it had done in Manchester; and surely,
continued Mr. Kay, if that practice (continued as it
'had been, in the vicinity of the Board of Excise,)
had been deemed illegal, it would, ere now, have
been put down. In answer to a question from Mr.
Milne, Mr. Graham, the collector of excise, said that
excise officers never had, nor was it their intention,
ever to enter the retail shops of the town for the
purpose of seizing goods that were divested of the
tab ends. It was only the places of the manufac-
turers—the dealers by wholesale—to which their
attention was principally directed ; inasmuch as the
wholesale dealers being more nearly connected with
the printers than shopkeepers, they had (if they
were so inclined) more ample means of defrauding
the revenue. The magistrates (Mr. Marriott, Mr.
Foster, and Mr. Brierlv, ) consulted together for
some time ; and Mr. Marriott, the chairman, said that
they were very much disposed to relieve Mr. Faulk-
ner, but the words of the act so tied them down that
they had no alternative but confirming the seizure of
c,,3

Oa Monday lest John Budge, James Budge, and
Tr. Ellingham, were capitally indicted for having, on
Monday night the 21st, or early on Tuesday morn-
ing the 22d day of August, committed a rape on the
body of Ann Stamford, at March; and Joseph
Kitchen the younger, and W. Beck, were indicted
for feloniously aiding and assisting the said John
Budge, James Budge, and W. Ellingham, in com-
mitting the said rape.
Mr. Payetz detailed the facts of the case, which
were afterwards proved in evidence.
[The accomplice Kitchen having an indictment
against him for committing the capital offence before
the before-mentioned prisoners;eiothing on this trial
was gone into respecting the rape by Kitchen, he
being separately tried for the offencea—See the fol-
lowing report.]
Ann Stamford, the prosecutrix, stated e-he was
the wife of James Stamford, of Wood Walta,n, in
the county of Huntingdon ; she was 59 years of epee,
titl had been the mother of eight children. she,
left home on the day named in the indictment, to go
to March : she arrived thereabout nine or ten o'clock
in the evening; went into the White Hart Inn to
get some refreshment; on coming out she met
Kitchen ; asked him the way to a Mrs. Sturman's ;
he led her the wrong way. [What took place is
disclosed on his trial.] Came back into the town
with him ; made an alarm ; saw a tall man (John
Budge) with James Budge, Ellingham, and Beck ;
they whispered together. Kitchen having chere-e1
her with steatitg his watch, she ',greed to go to the
field to search for it; 'when she had got ic.ede the
gate, in a close called Goeiman% Close„lohnLudge
got hold of her and threw her down, [Here the
witness completely proved the commission of the
capital offence, first by John Budge, then by James
Budge, and William Effingham; some held her legs
while the others perpetrated the deed.] Prosecu-
trix made all the resistance in her power, and cried
out murder. 'When they had done she got up, put
her hands together (witness here described the man-
ner), end preyed of Beck not to meddle with her ;
he laughed, and then threw ilex down. From the
fall she became insensible, and did not know what
occurred for some time. When she came to herself
they were standing around her--they then ran away.
prosecutrix got up, but found she could not walk;
she then sat down a little while, got up again, and
walked to Mrs. Sturman's. Prosecutrix called them
up, and told what had happened: she then went to
bed—Mrs. Sturman examined her. The next day
she went before the Mitieietrates.—On cross-exa-
mination nothing was elicited to shake her former
testimony.

Mrs. Sturman, of Much, remembers prosecutrix
coming to her house, and calling her up, about half-
past three in the morning ; sha said, for God's sake
get up, 1 have been ravished. Her gonn v,7,,s all
torn, her hair all down, and she was crying bitterly
witness examined her hrfore she went to bed, found
a bruise on her thigh, a scratch ou her shoulder,
cut on her loins, and a bump on her head.

On cross-examination, witness slid she had never
said to prosecutrix, if you don't hang these men I
will never ti peak to you again.
Matthew litmus and othtr witnesses corroborated
various parts of the prosocutriel testimony.
Mr, Belden, assistant to Mr. Culledge, surgeon,
of March, examined—Found the bruises as stated
by the witness Sturman; he also described further
violence done to her person ; he also found
the right wrist bruised, as if made by the nails in a
man's shoe.

For the defence, two or three persons were called
to the character of Ellingham.

The Learned JUDGE summed up with great clear-
ness, explaining the law as applicable to the case.
The Jury, after retiring for some time, returned,
finding all the prisoners Guilty of the capital crime
charged in the indictment.
TRIAL OF .10fiEPH KITCHEN.—Joseph ritehvi,
the prisoner tried with Budge and others, was ar-
raigned on Tuesday, on the capital charge of violat-
ing the person of Ann Stamford.

Mr. FLANNAGAN objected to the trying the
pri-
soner on this second indictment, observinff that the
law of England did not authorize the trying a man
twice for the sam-! cffence. He contended that at
the trial of yesterday, the indictment charged the rape
on one count, and in a second count charged the
aiding and abetting, on which second count the pri-
,loner was found guilty. The Learned Counsel
therefore contended that the offence of rape being
laid in both indictments, and prisoner having been
acquitted of the rape on the first, he was not called
upon to plead to the second.

Mr. PRTME, in reply, argued that the offence
mentioned in the first indictment being for a rape and
aiding others, and the second indictment being for
an entirely new charge, that of rape only, xv;ien he
was alone with the prosecutrix, he was rightly
charged. A Jury was empannelled to try this issue,
and a verdict that they were separate and distinct
offences recorded. The trial then proceeded.

Ann Stamford was then called. She stated, in
nearly the same terms as on the former trial up to
the meeting with Kitchen, in the street, and her
asking him to show her the way to Sturman's, in-
stead of doing which he took her to Goodman's close.
She stated, that he threw her down; she struggled
and called out murder. When he had effected his
purpose, she got up. lie then charged her with
stealing his watch, and rifled her pockets. He then
threw her down again and repeated the offence.
Prosecutrix got up and ra-7 away. She came to
Cunningham's door, and called out murder, and said
he had violated her. Prisoner told him she had got
his watch; he also caught hold of her and said,
you, I'll do for you before you leave March,"
The same evidence was then gone through, as to the
meeting the Budges, her going to Stun-man's, the
surgeon, &c. as on the former trial. An additio:..:l
witness was called, Elizabeth Threader, who was r.:•
tending Mrs. Gray
on the night in question ; and
heard " murder" called ten times, proceeding from
Goodman's close. She could not go down stairs
for fear of disturbing Mrs. Gray, who was very
Verdict—Guilty.

The prisoner; Kitchen, Eilingham, James Budge,
.John Budge, and William Beck, were tiler. put to
the bar.

The Learned Judge entreated the culprits to have
no hopes of mercy, and passed the awful sentence of
the law upon them. They were then removed from
the bar in an agony of grief.

CH ICMESTER.-RECOVERY OF A STOLEN'
CHILD.—A girl, the daughter of a chimney-sweeper
named Hammond, was apprehended in Chichester this day
(Saturday), on suspicion of stealing a child, named John
Kemp, aged six years, front Silverhill, in this county,
whose disappearance caused a considerable sensation in the
neighbourhood. A subr:ription was raised at Maidstone,
and an officer was sent in pursuit, and happily discovered
the little fellow, is a cottage on the New Broil, a perfect
sweep, witheut shoe or stocking, and in a most depUrable
state. He ,was, however, soon cleaned, washed, and
clothed, and a subscription raised by the persons who soon
flocked to see him. The wretch Was obliged to be pro.
tected by the constables from the fury of the populace, whet
taken from the White Hart to be conveyed before the ma•
gistrates.

FlRE.—Yesterday morning, between three
and four o'clock, a fire broke out in the house ofMr. Hug_
3irti great fury, and soon
man, tallow-chandler, Shoemaker-row, Broadway, Lid-
ge-iil The flames, which first appeered in the cellar,
spread l
with.
enveloped the shop in one
body of flame and smoke. An alarm was given immedi-
ately on the fire being discovered ; but the inmates found
it impossible to escape, by proceeding down stAirs, owing
to the immense Lody of fire and crnoke making its progress
upwards. The family were, consequently, in the greatest
distress, and were seen imploring assistance at the win.
dews, almost in a state of nudity. ney were, however,
ultimately rescued from their impending danger through
the attic window, therwhy making their way over the ad-
joining houses. The prompt arri‘kal of the engines pro.
vented the fire from making much progress, and the fire..
men finally succeeded in extinguishing it, but not before
considerable damage was done to V's Luilding, and two

MEETING OF CATHOLICS
_liv_cbp Of EL.

(From the Tipperary Frey Press of Wednesday.)
On Sunday last, a meeting Of • the Catholics of the
ctrunty Tipperary was held in the new chapel in Clonmel.
A vast number of the gentlemen of the county attended on
the occasion, the galleries were crowded with ladies, and
the body Odle chapel was completely filled with the poorer
orders of the people, who seemed to take an intense interest
in the proceedings of the meeting.
The Chair, teas taken amid the loud acclamations of the
vast assemblage by Capt. JAMES I)t)wER.,, of Ballydine.
Mr. J. Luther was appointed Secretary to the meeting.
Mr. E. SLATTERY moved the first resolution,. which
was seconded by Mr. ST A 1.7 NT 0
The petition adopted by tlat Meeting for presentation to
both Houses of Parliamtu' having been read,
Mr. &MIL spoke s a follows—The Assizes for this county
exhibits deplorels',e spectacle. Judge Burton (that able,
humane, ennatfetutional; and truly English Judge) pro-
nounced thee catalogue of crime to be unexampled. This
alartmay state of things may be connected to a certain ex-
-4'7:4 locid causes ; but, in my judgment, it is also the
rer.ilt of the moral and political condition of the people,
lad may be traced to the operation of laws, which cannot
have failed to produce an influence upon the character, the
feelings, and general disposition of the whole community.
`The Penal Code appears to me to afford an adequate cause
for all the mischief that prevails—the distrust and aberra
Lion created between the higher and lower classes by laws,
which foster religious acrimony, are the main-spring- and
fountain-head from which thipublie calamities flow. In Great
Britain the different departments of the community are not
divided by any immediate and palpable line of separation—
the :boundary between the different decries of society is
scarcely perceptible--111 ranks are connected by regular and
successive gradations, and are chained by a series of small
and uninterrupted links. The whole body of the people
have A common interest iu maintaining the law by which
'they are equally protected; but, in Ireland, the population
is divided into two distinct parts, by a barrier erected by the
Legislature, which keeps them at a distance from each
other.—(Hear, hear.)—The Catholic is separated from the
Protestant not by his religion (because they live in other
countries in perfect harmony) but by the law which renders
religion the standard of superiority. Thus the Penal Code
becomes a hot-bed of had passion—an interruption of
sympathy is produced by this artificial separation, and
having no participation of feeling, both parties have
become accustomed to consider their essential interests as
distinct. The gentry, who are in a great measure com-
posed of the professors of the privileged religion, have no
influence over the mass of the population, from which they
are kept :minder by the law.' Thus a sentiment amount-
ing to linvtility, rendered more or less active by local cir-
cumstances, is generated between the proprietors of the
soft anti their dependents, and the people feeling themselves
disqualified and degraded by the law, which lets a mark,of
U'sna-ace upon them, instead of resorting to it for protec-
tion, are thrown into confederacies and associations founded
upon a mistaken principle of self defence. The law first
snakes a caste, and that caste resolves itself into multiform
combinations, an universal tendency to organiza.tiOn is pro-
duced, and as the lower orders are uncontrouled by the in-
fluence of education, their turbulent passions acquire addi-
tional ferecity when brought into confederacy, and lead to the
perpetration of the most atrocious crimes of which they are
themselves the ultimate victims. If a better understanding
existed between the people and their superiors, I conceive
that a useful moral intercourse would be established, the
le ttimnte influence which the gentry ought to possess
'would be restored, the associations of guilt which justice
has not been able to break up would be dissolved, and habits
of peace and sithordinatiOn would gradually grow up. But
how is it possible that any good understanding can exist
between the two classes of which I have been speaking,
while kept apart by the .impolitic and exasperatin;- dis-
tinctions created by the legislature? I feel, the greater
confidence in the justice of these views, because experience
has proved the inefficacy of the measures to which Govern-
ment haw successively resorted. Special commissions, in-
surrection acts, constabulary troops, have failed to subdue the
people into civilization. The Government (to use Mr. Plun-
::!eett's phrase) has not been able to inflict peace upon the people.
measures of severity- may have had the effect of checking
the moral disorder, or rather of throwing back its symp-
toms for a time; but the result has afforded abundant evi-
dence that the source of the malady was so deeply rooted
as to be incapable of cure by local and superficial applica-
tions. The venom, if I may so say, Las been absorbed into
t'o. constitution, and cannot be expelled except by changing
the whole action of the political frame. I think it must
be admitted; -that after the failure of every other experiment
for the pacifteition of Ireland,,it Is at least worth while to
try the only means to which the Legislature has not yet
resorted, and which many wise and good men have pro-
nounced to be the only means by which peace and good
will can be established. I think that if Catholic Eman-
cipation were substituted for the inefficacious measures
which our opponents recommend, a general reconciliation
between all classes would be prodisced—metual confidence
would be created, an interchange of cordial feeling would
take place—the obstacles to education which arise from
political causes would be removed—the habits of the
higher orders would be insensibly communicated to
their inferiors—a reliance in the law would he diffused
---the people would be taught respect and gratitude to their
superiors—and the latter would grow anxious to cherish
and protect them. These views and, opinions I have en-
deavoured to embody in a petition to the legislature, which
under the existing circumstances of this county, I think it
judicious that you should submit to their consideration.
Having said thus much with regard to what I believe
(however I may be mistaken) to he the source of the evils
by which we are afflicted, I consider it my duty to address
to this immense assembly, composed of several thousands,
and comprehending a vast body of the peasantry, some
well-meant advice.—You know me to bean active, and I
may add, an honest member of your community; and you
are well aware that in the course which I have adopted, I
have not displayed a mean and pusillanimous spirit, but am
as deeply sensible as any, pan of the wrongs which are in-
dicted upon my country. What Isbell say, therefore, in the
shape of strong remonstrance and reproof, will, I hive, be
taken in good part. —(Loud Cheers. )—Now I tell you plainly
and undisguiaedly, that although I consider the government
to have adopted unavailing and inapplicable means for the re-
storation of tranquillity, yet that I look upon the crimes com-
mitted amonest you, not only as destitute of any (even the
least) palliation, but as among the most disgraceful—(but
that is a feeble word)—l should say, the most deserving of
execration that stand in the annals of atrocity. Gracious
God ! what have I not witnessed in the course of the few
days which the Assizes have occupied ! The recollection
of what I have seen and heard before the public
.tribunals
is enough to make the blond cold, and to suspend the
heart iss its beatings. Well might the 'excellent Judge say;
with tears in' his'eyes, that he'lacl not in the course of his
judicial experience beheld SO frightfill a mass of enormities
as the calendar displayed. It was, indeed, a bloody mis-
cellany of dreadful—l would rather say, of infernal guilt.
Look, for example, at the murder of the Sheas—(Loud
cries of hear, hear,)—look at the midnight conflagration
of eighteen of your fellow-creatures, and tell me, is there
any thing in the records of horror by which that accursed
deed has been excelled ! Merciful heaven ! not only seventeen
human beings, most of whom had never offended the perpe-
trators of their death, were sacrificed in that night which
stands without a parallel,—but the unborn child—the little
infant who had never lifted its innocent hands, or breathed
the sir of life—the little- child in its mother's womb. But I
sea wrong in sayingthat thechild who perished in the flames
was not born. The wretched kinsman of its unfortunate
mother gave a more just description than I have done.—
When asked how many were consumed in the flames, he
said there were seventeen, and that if the child that was
dropped (for that was his phrase) in the burning be counted,
it would make eighteen ! Born in fire !—sent into the
world- in the midst cf a furnace !—transferred from the
wemb to the flames, kindled by fiends, who eiulted around
them'. ••Stretched on a bed of luxury and of softness,
wornau groans upon the rack on which she is laid by nature,
but what must have been the pains of that delivery in
which mother brought forth a child, and while she was
herself perishing
in the flames, felt the infant that was
clasped against her bosom, consumed by the fires with
which
she wls surrounded. I should not withhOld` from
you an incident illustrative of maternal tenderness, which
adds to the honor of this abominable crime. The mother
cf the new-horn
child was foetid dead near a tub of water
in which she had placed
her infant to save it, and the child
was discovered witkite)oani burned
off,
and the rest of
the limbs preserved be- water
pains of death and child-
ter in which the expiring
Mother had striven in the
united
birth to preserve it. What shall
the we say of this ! In what
language shall we express
—with
which this appalling
deed sends into the heart •
a.enviivbhat eiclamation, shall we
give vent to the emotions, awakened flu recital of that which
you tremble to hear, and whicha there wereY
We can liTTanbeingsf°und
443,watt not afraid to do !
him why th!t,
a"r"lted us
with our hands
!
tit*heh thGecisdamorejfogermseice,asantdbeademone sho' n
pet it?
risetr!aeo thet
unexampled murder, and why did they colrimßY virtue
of a horrible league by which they were hound together, not
only against their enemy, but against human nature and the
11,94 whomadeitl-:--for they were bound together—they were
swig
ratify oresin the
s heoame of their Creator, and they invoked Heaven
deed which they were confederated to perpetrate