The Sun.
London, England, 1829-01-16 00:00:00

,
*llll4

LONDON,
FRIDAY EVENING, JANUARY 16, 1829.

His MAJESTY'S bomb Sulphur, and the
hired ship Parmelia, of 440 tons, at 5/. per ton
per month, are fitting out, and expected to sail
in about a week, to convey the Government Colo-
nists and stores to the New Settlement of Cock-
burn Sound on the writ coast of New Holland.

No expellee has been spared in the fitting of
these ships, or in providing mess table for the
passengers who proceed to this settlement.—
Captain STIRLING, R. N. goes out as Civil
Superintendant, and takes with him his family.
Capt. C URRIE, R. N. goes out as Islarbonr-master,
and various other passengers (with families),
proceed to hold situations under Government.

Several artificers of different trades, with their
families, also go out.
Captain IttwiN and 60 men of the 6Sd Re-
giment, with families, go out in the Sulphur.
Private settlers arc fitting out ships to follow
with all speed.

A copy of the regulations for the guidance of
the new settlement will be found in another part

of our paper.

The Allgetneine Zeittuzg of the 9th instant
has been received. It contains some news from.
Widdin of the 18th December, which partly
arrived yesterday through the Trench Papers,
the purport of which is, that the Russians are
unceasing in their preparations for opening the
campaign ; that they have 93,000, including
sick, in Little Wallachia, while other accounts
make their force only 60,000, one-half of which
is under General GEISMAR. Count LANGERON
is said.to be indisposed in Bucharest, and con-
sequently unable to proceed to Jassy to assume
the command of all the Russian troops that have
returned from the Danube. Much curiosity was

excited at Bucharest by the arrival of two Ser-
vian deputies on a visit to Count LANGERON.
It is the opinion of two Austrian physicians at
Bucharest, that the contagious disease which
has so long afflicted that quarter, is not the
Oriental Plague ; but whatever be its name, the
disorder carries off hundreds of victims from the
people as well as from the army:—

CoNSTANTINoPLE, DEC. 19.

No recent account* from the Grand Vizier have
been prblished, but some reports from FlusNeim
Pacha and t:ie Seraskier of Silistria, which relate to
the raising of the siege of Silistria, and describe the
retreat of the Russians in very strong colours. The
preparations for the next campaign go on with great
activity, and the arrival of some supplies of pros i •
sions has greatly allayed the fears that were enter-
tained of the immediate consequences of the blockade.

The Nuremburg Correspondent of the
inst. contains an article respecting the trial and
partial acquittal of the Polish Conspirators, with
an order from his Imperial Majesty to annul tha
proceedings and to try the prisoners de novo, (.11
the ostensible ground that the Tiibunal had no
right to award any punishment except in the case
of high treason.
No change appears to have taken place in the
troops in Poland and Lithuania, but several
Russian Regiments are marching from the Baltic
provinces towards the South, some of which
have already arrived in the Government of
Wilna :

CRACOW, DEC. 28.

We have before stated that the sentence passed
by the Supreme Tribunal of the kingdom in the
affair of the Polish conspiracy, which entirely ac-
quitted several of the accused, and sentenced others
only to some years' imprisonment, was annulled by
his. Majesty, and the Tiibunal directed to begin the
cause anew. This proceeding is entirely conform-
able to the system of the Polish Tribunal, by which
the Tribunal in nuestion is not authorised to award
any punishment, except in the actual existence of
the crime of high treason. Now, as it appears from
the investigation that this clime was not committed,
the Tribunal should have declared itself incompetent,
and 7efer the matter to the ordinary courts of the
kingdom. This declaration is expected to be shortly
made, as the King's Attorney-General is said to
have called for it. The worst is, that by this error
the imprisonment of the accused is protracted. No
doubt is, however, entertained that as soon as
sentence has been passed in the regular manner his
Majesty's clemency, will alleviate this severity.

The Hamburg!: Reporter and other Papers
to the 11th inst. have been received this morn-
ing, as well as St. Petersburgh Journals to the
30th December, and Berlin State Gazettes to
the 9th inst., -extracts from which will be found
in another column.

If we may credit a Paragraph from Switzer-
land a Swiss corps will be raised for the service
of Greece, probably to replace the French
army until the Greek army -is sufficiently orga-
nised. 'We fear the Swiss will fare no better
than the French in a country where so much
national jealousy prevails. However the expert•
ment is worth trying.
According to the Borsen-halle Report the price
of corn was not sustained in Hamburgh, nor can
the holders in our own market to-day obtain
former prices.

The news from Odessa is more favourable to
the Russians than what appears in the Gelman
Papers. The accounts are to the 25th De-
cember, stating that, on the 23d, several trans-
ports had arrived from Varna in two or three
days. The snow in the vicinity of Varna had
wholly disappeared, and the weather, which
had become very fine, facilitated the commu-
nication between the Russian army and Varna.
This is the same army which the German
Journals had made HUSSEIN PACITA, with his
10,000 cavalry, to drive across the Danube some
sixteen or twenty days before !

The accounts from St. Petersburgh state that
preparations for re-commencing the war are
prosecuted on an immense scale. The ENI.•
PEROR, who neglects nothing, intends to have
400,000 men in the field by the beginning of
Spring.

Aceounts from Constantinople of the 11th
ult., say that the SULTAN has ordered a public
notice to be read in all the Mosques, calling
on all the males from the age of 11 to 60 to take
up arms.

The French Papers announce that it is now
determined on by the Government to withdraw
the army from the Morea by degrees, so that the
final embarkation shall take place about the end
of March or April. Meantime the affairs of
the Greeks begin to assume a more satisfactory
aspect it all, but the uncertainty of the limits to
which t►►eir territorial independence may extend.

" M. EYNARD has addressed a letter to the
Philhellenists, giving a summary of the latest
information respecting the present state and
future prospects of Greece, contained in the vari-
ous despatches which he has received from Count
CAPo DISTRIA, Colonel HEIDECK, and vari-
ous other officers now residing in that country.
Colonel HEIDECK informs him, he says, that
the Gulf of Prevesa has been taken by the brother
of G ntvAs, with 43 Turkish vessels ; that Ge-
neral DENZEL occupies Loutracki, a position
between the Gulfand Lake Ambraciotis; that Gen.
CHURCH hag taken an important position ; that
the capture of the fort of Lepanto by the French
is a great advantage to the Morea ; that the
opening of the rich Gulf of Lepanto will enable
the Greeks to realize a considerable revenue, a
great commerce in oil, in wines, and in Corinthian
raisins, passing along that track ; that General
YPSILANTI is marching towards Mount Par-
nassus and the defiles of Bceotia ; and that in
Candia the Turks occupy the fortresses only."

NEWGATE AND LEADENHAI.L MARKETS.
At per stone, by the Carcass.
s. d. too. d. a. d. tot. d.
Beet >i 4 3 8 Veal
Mutton 2 8 4 4 fork 3 8 4 0

OLD BAILEY.-(THIS DAY.)

OLD COURT.
CHARGE eF MURDER.

Benjamin Barrup, aged 26, wus indicted for
maliciously shooting at Mary Mortlock, with a
pistol, loaded with powder and ball, v.'ith intent to
murder her. He was further charged on the Core-
ner's Inquest, witk the wilful murder of the said
Mary Mortlock.
The prisoner is a very respectable-looking young
man, and was drecsed in a new suit of black clothrs.
On being placed at the bar and arraigned, he pleaded
in a firm voice, not guilty.
Mr. CaESWELL, after a few preliminary remarks
begging the Jury to dismiss from their minds any
thing they might have heard likely to prejudice the
prisoner, and decide only on the evidence that would
he laid before them, stated the facts of the case as
afterwards detailed in the following evidence :
The witnesses were here at the request of Mr.
Clarkson, the prisoner's counsel, ordered to leave
the court.

Thomas Willett examined—l am a watchman of
the parish of Narylehone, I was on duty on the
night of the I ith December last, about a guar-
' ter past 11 at night. I observed two persons toge-
gether on the opposite side of the street, they were
walking down Crawford-street, they shortly made a
stop, and I immediatly heard the report of a pistol;
on making up to the spot I heard the man talking
very loud, as if in a great rage, but could not un-
derstand what he said ; I took the man by the col-
lar, when the woman turned round, gave a laud
scream, and ran across the road, into a baker's
shop; the man then said to me, " I am your pri-
soner, it is me that has done it, take me to
the watch-house; there is the pistol, pick it
up ;" the pistol at that time was lying on the
Hag-stones, near where the prisoner stood. I
then called for the assistance of another watchman
and took the prisoner to the watch-house, where he
was searched by the night constable. Nothiag was
found but a pocket book and knife. There were no
other tire-arms, but he said that be had three or
four more pistols at home. He appeared as if he
had been drinking, but not to that degree as not to
know what he was doing.
Cross-examined by Mr. CLARKSON—He certainly
was not staggering drunk. They were talking very
laud before the pistol was fired.
William Knight, another watchman, corroborated
the evidence of the last witness.

Win. Croft stated that he was at the beginning
of Crawford-street on the 19th, and heard the re-
port of a pistol. Went up and saw the first witness
have a man in custody. The latter pointed out a
pistol which lay on the ground, and said " lam the
man ; I am the man that did the deed." He seemed
to be a little in liquor.
Richard Burt,a watchman, was on duty in Baker-
street en the above night. When witness and the
others were going to search him in Baker-street, he
said he had no more arms about him; that he hoped
he had done the deed effectually, and that if he had
another (meaning a pistol) he would have served
himself the same. He seemed in a passion.
Cross-examined by Mr. CLARKSON— Willa had
hold of the prisoner when he said he hoped lie had
done the deed effectually. He spoke loud, and Wil-
let must have heard it as well as him.

Andrew Hutchinson was in his father's (the
baker's) shop, on the above night ; heard the re-
port, went to the door and saw sparks of lire from
the wadding ; saw a woman who afterwards came
into the shop ; her face was black, and one side of
it bloody. She said he was going to shoot her
again, and that he had got another pistol in his
pocket. She was taken from the shop to the
workhouse.

Thomas Harris, night constable, stated that the
prisoner was brought there at about a quarter past
eleven. He was charged with shooting a woman.
Asked him what he had to say for himself, and he
said that that was best known to himself. He said
he wished to know how his Mary was; he had done
the deed, but she bad been his ruin. He was not
sober.

By Mr. CLARKSON.--Could not say he was drunk,
but he looked very wild ; he laughed very heartily,
and asked witness anti the watch-house-keeper to
laugh with him. He looked wild when he first
came. When he asked about_ his Mary, was upon
the witness's going to take away his garters and
braces. Did not recollect that he said he meant to
destroy himself.
Mr. F. Goodyer, surgeon, was called to prove the
death of the woman. Was present when her depo-
sition was taken, and saw the prisoner there; be ap-
peared to be attending slightly to what she was say-
ing, but looked wildly about.
(The deposition of Mary Mortlock, which has
already been published, was then read.)
Examination continued—Received the deceased in
the Infirmary; her clothes were wet, and she seemed
at the time of her arrival greatly agitated. The
left side of her face was blackened by the gus-pow-
der. The powder had penetrated the skin ' • under
the left side of the nose there was a wound which
might have been covered by the point of a finger.—
Introduced a probe which extended across to the
right cheek, where he found a bullet. It was just
below the edge of the cheek bone. The next morn-
ing Mr. C. Phillips, the Surgeon of the Institution,
cut down to the ball and extracted a piece of lead ir-
regularly shaped. Believed the lead to have been
altered from its original figure by its strikiug against
the cheek bone, which was broken in two places.—
Applied every remedy that was proper. Had at
that time no apprehension of danger, but every thing
seemed to be going on well, no nerve appeared to be
affected. On the second day she had a good deal
of fever. On the fourth day she became seriously
ill, and was affected with spasmodic retchings
with very great fever, which lasted till the
morning of the 28th, when she died at about
three o'clock. Indirectly the gun-shot wound was
the cause of her death, which witness explained
thus—that she was excessively frightened by being
shot, which predisposed her to be acted upon by
cold, more than she otherwise would have done.
Cold caused inflammation of the chest, and accom-
panied by infl:i'amatory fever produced death. The
grin-shot wound was only indirectly the cause of
death, through the medium of the fright and cold.
By Mr. CLARKSON--The wound would have done
well had she not have caught cold ; could not say
whether she had taken cold before this violence had
been offered her. When she was brought into the
infirmary she was greatly frightened, and her clothes
were wet ; fright disposed her to be more affected
than she would have been, and witness believes
she took cold by the wetness of her clothes. If
she had not taken cold, witness does not believe the
gun-shot would have produced death. Any fright
that could have been caused by the wound would
not have produced death without the cold. There
was nothing in the nature of the gun-shot wound
which would have produced inflammation of the
chest, which was the proximate cause of death.
This prosecution is instituted by the parish. Had
attended deceased before this affair: she was aged
about 18, of mild mariners and delicate constitution.

Foreman of the Jury—l understand you to say
that her death was caused by inflammation, not hav-
ing any connexion with the, gun-shot wound. Do
you think that she would have died from the inflam-
mation if she had not been shot -? Witness, yes.
Had I not seen her face when I opened her body, I
should have said that she died of inflammation of
the chest. I should not have looked for other
causes, as I have opened probably lOU bodies which
presented the same appearance, and whose deaths
were produced from the same otuse.
Mr. Justice PARK--That is, she might have taken
cold by walking with this man in the night. Wit-
nes—Certaittly.
COURT —But did you see any symptoms which
you supposed would have produced death totally in-
dependent of the wound ? Witness—l think it was
produced by her state of mind, and that,state of mind
wasTroduced by the gun-shot wound.
Mr. Justice PARK-.-DO you think you can say
i 1$ it ji reasons.* certainty, as a man of science, that
•

she would have died of cold ? Witness--I think I
may say, taking all the circumstances into considera-
tion, that she would have died of the cold.

This witness afterwards stated that his opinion,
that the gun-shot wound was the remote cause of
her death, by having caused a disposition to take
cold, was founded on conjecture.
The prisoner then put in a written defence, which
appeared a very copious one.

•
Mr. Justice .P.sailt then, after a long consultation
with his Learned Brothers, informed the Jury,
that it was the opinion of the Court, that
there being very considerable doubt as to the
re,ult of the Learned Gentleman's evidence
who had just been examined, it would be
im-
proper to allow the prisoner to put in his defence,
as it might prejudice him on a future occasion. As
it could not be said that death ryas caused by cold
alone, so it would be too dangerous to say that it
was caused as laid in the indictment. The indict-
ment says, that of the very wound she then and
there died. Now,, it would not be proper on the
evidence they had heard to send this man to his
account on Monday next. The Coart had the
power, by a late Act of Parliament, of ordering
him to be detained, and to order another indictment
to he preferred against him for maliciously 'boat-
ing with intent to murder. The Court therefore
thought that it would be safer on the whole to have
him acquitted on this. The Learned Judge added,
that if be had been convicted, although he must
hare been ordered for execution on Monday next,
yet he (Mr. Justice Park) would have felt it his
duty to hare obtained a respite in order to talcs the
opinion of his Learned Brothers on the point.
The prisoner was then ordered to be detained, and
was taken from the bar.