The Sun.
London, England, 1811-09-05 00:00:00

ineltended them, as mee,bers of the pert-fingeredi
• trt. ert,
cr.a-ps. - -
They were remanded ill Saturday, by ,vhich'
means their anticipated /wryest k,'e fair will. be
Melted. • ,
Alderman Wm.!) observed, it the City Marshal,
on their being agate bi-Lught up,- recognised them
as old effeoders, he 8110114 te, I It his duty to t
:ticia them, under the statute, as reputed thieves anti
,vagabonds.
Edwards and Jones were brought up, as sys.
Mrs charaeters..
An officer stated, that having seen them runntog
in and out of the Fortune of War, public ,house,
Smithfield, .and believing them to'be improper per-
sons, he bad taken them into custody. in Ow
beta Edwards he found, several 1:i.
hav,Ards. stated that he,:was a ,e,trnan
to a ,Weitindia ship lying in the Lundert..ks--;.
the .haedltercniefs had, teen put tot, his hit by the
prrioner. Jones, who offered:to sell them tor half, a
eroutn• •
Julies said he was an invalid,,havi,e traaured his
skell.—He earned his bread, by carrying loads
from the .water side,-.The.handketchiefs were his
own,
Mr. Alierman Woop direaed one of the officers
to take Edwards to: the 'London tlocks, to learn the
truth of his statement,---Jones he sent to Bridewell,
for seven days,- preparatory to his being passed to
the parish of- St. George in the East, to which he
said he belonged.
asperThonzas,who had been charged on a former
day with having robbed his employer, Mr. Mor,
ton, the proprietor of a carpet warehouse, on Hui-
born-bridge, , was again brought up. Mr. Baxter,
and three other pawnbrokers, attended, with 'whom
the prisoner had at difter,:nt tt ,oes pledge I a qiian-
tity of carpeting to a large amount. With one of,
the pawebiokers he had lett not 1. ss than eight
carpets, worth from four to five pounds each, and
several hearth-rugs. • The person of the prisoner
being luny identified, and the property :morn to,
Mr. Morton and the pawnbrokers were trounki
.over
to prosecute.
/Pillions Wilson, who was apprehended in Fleet.
street, at an early hour on Sunday moriiing, c
ing a deal plank, waste-examined.
A person in the employment of Mi, Wicker, •
who owns a wharf in White-friars, swore posti,voy
to the deal as belonging to Lila rua'.t,.r. Hu wa..
convinced be had it in his hand late on Ste ureay even-
ing last. •
The prisoner gave the same account as he had
done on the former day, that a man accosted hie: in
the street on Sunday, morning, and offered I,iirte
shilling to carry the
_plank to Smithfield, wirch
had agried to do. The master of the primer g2ee
him an excellent chargler, Ho was attentive' so his
work, and earned about 265. per week by the it-
panning business.
Mr. Alderman WOOD observed, it was very ex-
traord nary avails young man, in the receipt of such
a , sat y should be found walking the tame's,
Ws )(1 WV, o'clock 'On a Sunday MM•
lag, cirtying a levy load for such 'a trifle as a
ten it his ! duty to counnictter
pit-
aattur.

MANsioN•lioUss, S&PT. 40-4tichenq "Justin, a
sailor la-ienging to en B's' Inoiarnan, was tiliki
day
brOUgh. iietore the Loa D MAYoR, charged by a Jew
crimp, who atti:mpsing re hang him onei'day lately,
town on board of the vessel. It appeared from the
statement of this Sol, that hr had occasion to go
co board she Indiamen.with four men,whom he bad
precered for she service, and just as he •was about
to elite his departure, Sortie of the sailors on board
called him to the forecastle, under the pretence that
they wished to ',peak to hiM upon business,' but it
turned out to be a concerted plan to maltreat him
for some alleged miscondu on his part, or to ptXuislt
hiszr on account of some pique they' entereuned
against ItiM. Instead of .a,- y persory•wiwoilig. to
speak tobitn on busiriess, as was preteridKi, he soon
found upon his approach to the spin, 'th wane •of
'these men came behind him and pinioned his 'arms,
while the prisoner at she'bar put a rope about his
neck,' and ns soon as it was fastened, pulled him up
to consideiable height towards the yardeartn = and
after he had been allowed to remain in that pr;
dice.
metit,for several minutes, during which be expo.
tic:need all the agonies.of death, he was cut down
lind allowed to fail violently on the deck, :by which,
wage he was thrown into a state of insensibility;
horn which he did not recover till about a quarter,
of an hour afterwards, and for..this outrage he now
.nought redress: '
. The prisoner attempted to ;Pie another.account
of the transaaion, and to exculpate himself, but
his Lordship intimated that_ the matter ought to
have been brought ht.tbre the Thames Police Dice,
.to which place the pt ironer was ordered to be taken
..fOr exarnination.
An old man, of the name of Kingsinger, a Dutch
Itinerant Preacher, was brought before the LOUD
MA von, charged by one Of the officers with-preach.
lug in the fit reels, . so as be a nuisance to the me •
tropolis by the crowds he cnlleaed round.him, few
or none of whom understood met word he said. As
t►is'Lordship' did not understand High Dutch, he in.
()tined if any person in Goan ,could as as Inter-
preter, and inform Whim what. this petiole was
Saying in his own justification. As Interpteter WWI
ileco• (tingly found, and be informed his Lor,,r,hip. !hut
The prisoner desired to be judged by the Lurd Jesus
Christ, and not by his Lordship, as he did not con.
eti, e his Lordship understood any thing of the rah.
un he professed. •
Thetoen MAYOR intimated to the prisoner, that
be had been so Oft!: i brought before' biro, 'eharged
wit l; sotnitar
,offenctl,which he thought amounted to
a nni,ance, that .he-must commit him to Bodewell,
wilt,s lie wade a prntuise ,never to transgre,s in a
Manner'in future;, for although there
jtahtill tee suppose that,the prisoner was deranged
ye
• t these was an absolute necessity of clearing the
streets ot . such nuisances. .
The prisoner refused to come under any such
promise,- acid denied the jurisdiction of the goon ;
and therefore his Lordship ordered him to ig!
mitred to Bridewell for seven days, ittlorming
ltim
•at the same time, that it he afterwards persevered

This and, preacher is a ligry WEI toolcitit
, wit it a ionebetrii,Piuud eolititittailytarrie4
of ilie Bible in hind, _strongly bdinid in Strap.
It was with Some .consideraole clifiic ulty that
lts• hat was taken ntt and told aside, for no sooner
hid an officerlaken4t off than he (the prisoner)
put it ot: again, upon being' covered," as it
suite I beat the dignify of his prof-Zillion.

undtbrsiand t!iis wan is a dyer by trade, and
lives at Bromley, In Kent.
t, ;

ELVA BURGH, AUG. 31.

HUAI C01.711T UY JUSTICIALLY.
Yesterdly came on the-trial of :William ?Gates,
late a sonner hi the otil veteran, batiahori, accused of
shunting Lanella. Hutchinson, irk ilbe streets of
Kok on the 274h,0i Febtuari last. The pannel
gated 1201 Guilty. •
It appeared iron the eviden';e adduced for the
Crown, arid also from tlw probers declarati&i, that
be watt born at ,parlingtmt, county of .porbant, was
by trade a weiter, and was' mart and had thre
children; that, :,boat iveenty•rOur years ago, he en.
listed, and had-svrved a coniulei-able iim.. abroad, in
the 7th and h regiments of: foot, particularly 41
Egypt, where he was repeaN.dly wohlidrd ; anti that,
six years ago, he win+ turned o'er tttLie9,ll ve,etan
battalion, at Berwick, •r•k' :ere he got itcquailittxl with
Isabella Hachinson,.wi,h yvh.itn tie Ilwrd in a tinnily.
way. 041 being sent to Ki ktc a 4 'with a Oefaciitnenv;
of the rekiment,, Hu thinsth, jot, e,t Jilin there home,
time after, without being ,ent.. for by Is e pannel ;
that, after an inspection of the, ariiis•ot tin: detach.
meta, on the Morning of the 27111 'February, at which
the prisoner appeared rather .thc Worse at liquor, he
had none into a, public house,. along.w ,once of his
cemradei, and shortly titter his return liotrlc;, I:,e de-
ceased Came ninon* down stairs, apparently in gre,.t
terror. She was followed by the pry, fats
mtiSket, vita. fired at her, at the dty, ince Of b iween
thirty and (nay paces, nand the sl,n: tnok f. 4 in
'her back. Seeing her fah, he I,vent•ut to An, boil ,
ex. littning, 44 My Bella, my l3clta, %%hat have.
done!" and, an the people gathe ing seise them,
sal,' ('a one of the lioldiers,‘ who scizcit blyeriet,
" Untbrolitate job ! ba‘e shot my wire, , the only
friend I had in the World. I only leant to trightek
her."

A of kBitnesties were examined in excul-
pation, trout who testimony it appeared,, that i
hi* si bet mom 11 9 lto w:+s not men,
when drink t. its to an extraordinary deg ee,
'nod h.id. riven, at ,ti.reatened to lay vauen
bands no 111,1iS 1., particularly once at Berwick,:
where !,e 't 1 ..is musket, and,-placing the muzzle
under his chin, was about to pull. the trigger with
his toe;w hen he was prevented by another soldier,
who happened at the time to belt) the room.
Dr. Farquharson and Mr. Gillespie were also exa-
mined, who stated it- as their opinion, that the pri-
sont:r never had possessed a very sound judgment,
being of a melancholic temperament, and having a
tendency to hypochondriasis.
the Jury were
.shortly .addressed, on the part. of
the Crown, by the Solicitor-General, and by Mr.
Jeffery, fur the prisoner, and the Lore Justice. Clerk,
lit a tqw wordi, briefly summed up tbeeviLleoce:
They were immediately enclos,cd, and in a hhort
time returned a 'verdict, ttnatiitobusly tincling, that,
on "tlie day libelled, the patinel did ,kill Isabella
kftuchinion, by tiring a lorded musket at her, of
which she died ; but also found, that, at that time,
and since, ;he laboured under a state ot mental ue-
rangement.

Court dclayed delivering their judgment till
the 14.11) at Novvatber next.

COURT OF SESSION--SCO,NO VIVISTON.
. MURRAY V. MIS CREDITORS.

Robert Murray, the pursuer, had for some time
acted as town.clerk of the burgh of Queensferry.
At the General Ele6tion in isoe, a very keen con-
test eecurred for the &stria of 'burghs to which
Qneensfarry helengsi and the ele6tion of a Cum-
missioner for this burgh thus beearne of very great
importance. Two caididlites appeared for thisi
appointment ; and nit the day of eleaion, the!
Council ,of-the.burgh, which consists of et persons,
was divided into two parties, nearly equal in num •
hers. When the meeting for eleetion was ore•
gjnally censtneted, tweet), Members • only of the
Couneil wore present, pile of them having been
previously apprehended by a ines.etig, r, on a war-
rtmt which appeartd to have been il,eg,rlly obtained
by those in the opposite 'Diciest, fur :he purpose of
withdrawing the Counsellor ticeir the.rneeting.—
There was no evidence, however, that the clerk had
in any shape participated in these, illegal proceed-
ings. The meeting, consisting of twenty mem-
bers of the
.Cutlecil, with the senior Magistrate
(who has a casting vote) in the chair, imme-
diately proceeded to the business of the eleetion ;
when ten of the Members, includieg the •.Preses,
who'had the casting vote, chose Mr. hlaconochie,
advocate, to be their delegate, and declared the bu-
siness of the meeting to be concluded. Before all
this had been accomplished, however, it would al).
pear that those in the interest of the other candidate
had made their way into the Couneil-roatn, bringing.
with them the above4nentiotred unfortunate Coun-
sellor, whom they had by this time rescued, by vie.
Jetted, from the hands of the messenger. There
were now eleven tnembers assembled in the inter-
est of the other candidate, and they accordingly pro-
ceeded to elect Mr. John Syme, W. S. as the delegate
for the burgh to the then ensuing elation. Amid
these violent and tumultuous proceedings, it became
:mewl matter for the clerk to discharge the dutiiis
of his ettiee. He was celled upon to minute the
Vroccedings,of both parties, and was unfortunately
prevailed oe to grant two distinet commissions to
the respetitivedviegates elected by the contending
parties.., it would 0.: siiperfleces to detail the argu-
ments and threats by Which. he was induced .thus
to violate the express provision of an Mt of Paha.
meat, by, which he sebieded himself not only to, a
severe peeeniary penaky, hut to the pains, of itnpri•
sonment, and perpetual disability to discharge the
duties-of his office,

Mr. Syme's eiedion having, ultimately been sus-
tained, he brought a complaint:bet we the Court of

in the.pelialtY,ol6nol. sterling, besides -six montlis
imprisonment dritc per potual disahility, for having,
contrary to the'protistons of the statute, granted a
commission to a persiin not elected by the majority
of votes. Atter Soule progress had been made in
this:complaint, an objeelitim teas stated on the part
of Mr. Murray, that, as i, was of a nature strictly.
penal, it could not be totertaided without the con-
course of the Ad‘ocafe. After very full
pleading an this point, the corritSlaitier at length
passed from all his conclusions except that for the
i.,enalty of mnil, which he contende.l Ovas due to
him, as a sum of oarnages fur the injury he had sus-
tained by Murray's irregular conduct, and Lich he
was; of bourse, intitled to insist for, wi bout the
concourse of the public. prosecutor. The Court
innately sanctioned this distinction, and, alter a very
fill consideration of the molits ~f the Loinpiaint,
pronounced decree for tie penalty of 5001, and
up-
wards of 2nol. for oxperiCeS.
Upon tvis 'decree Mr. Syme raised ultimate dili-
gence, on which,. r.. Murray was imprisoned in toe
tnonth of September, i 810. As his circumstances
were, even inJependentl) of the incarcertitot's debt,
quite irretrievable,' fie then proceeded to raise his
action of eeksio 'ton°, ;to which Mr. Spite ob.
je6ted on the tiilloWing grounds
Tlie benefit of the procesi of cc:do is given .to
thos'e only who have been reduced to insolvency by
Ineicicent misfortunes, and against whom no treed
tan be alleged. The remedy is founded on equity
smite, alid cart never be extended to these whose
have originated in their own fraudulent
and eillpabli- iiiivtuur. 'The process of ceisia was
ed ay tis from the law of Rom and 'the best
toinincutaries on that syStem of jurisprudence agree
In reit ritAing the .b-tictit of the action to those
ori Who c ,i,st;eate tixtriselves against any
of It :Mist ';e obvious, indeed, that
.werii: Ind krtipts eliAlled to recover their
lit Ey by ill's c y aid 01.)%iouk resource, the law
ilheit would be to aif,,rd everrencouragement
to fraud Which an immunity from punishment can
hestoW.

Ti)t,t the pursuer's condo& was highly. culpable,
i 4 established by the judgment of the Supreme
Cotut, finding him liable in the penalties pre-
scribed, by a very Severe statues, whose ell:laments
are direled towards the punlshment of -a most
heinons 'Offence. Penalties so very seiious would
baie impased by tbe L..-gislatare, had
i h rime to v :acts they are attached not ben vie -
ill the most seri ,us light. • And in point of tad,
the pursuer taken 5001. out of Mr. Sytne's
pocket.,` he would have dime him an inj'iry, but
trilling compared with that for which the penalty is
awarded.

In the pleading for• Mr. Murray the following
questions were exatuitied
Ist., Whether every capti, on the part of a pur-
suer of a cessio, was 'sotriLient to exclude fr the
benefit, of the action ? and, 2411, Whether, if a
distinction lutist be made, .there jou been, on the
part of the pntsuet, suen d dFlrce o(ciiminality as
to warrant a sentence of perpetual itprisiannient
against him, the necessm eutisequeL-•e of his tai-
Inre in the present application ? Tnese were ti.t:
general grounds which he wok in point'of law ;
ter, although he contended that in the confu,e.a
and tumult. of .the Qeeensferry election, the citiir
might commit an error,, withi.mt incurring any very
serious charge of ma/a • files, }et ,he did not think it
necessary to enter fully on this branch of :he cause,
but contented hunselt with.referivA to the &cite
ui the Court, tnnturn el la/c, as it stood
,agiiost him;
and with contending, that if, indeed, :any blame
whatever could reasonably be attached to WS con-
duct, it' was at all events not such as to exclude him
trom the benefit of the cessio, .
That the action of CeSSIQ has often .been found
ciwyetent, even where. the purauer, did not come
into Court with his moral character unimpeached,
c,lll admit of no onestion. No fair argument can
he maintained on this subject, from the analogy of
the law, in which imprisonment tUr debt
wos viewill as a punishMent for a crow., while in
our system it is employed only as itneatisof forcing
a tiisctosure Of effects. Under the Roman law the
ben t of the ressio wasof course granted, with
linnt,ltions infinitely more numerous thin are im-
posed iu our juiisprudence. The' rule which the
Court seems, in the greater number of the repott-
ed cases, to have followW, is this, that where the
bankruptcy has originated in a fraudulent eutbez-
zli..meat of 'funds, the et's:up cannot be granted,
while it must he given in every coNe *here the im-
prisonment is merely for a bilkh ut .money, although
the debt shoUld have originated ex d,elicti). In sup-
port Of this doctrine, a variety of cases were retested
to, in which bankrupta had oblained Celsius, al-
though imprisoned for datitoges, on account of
the most immoral acts, such -as defamation and
!Auction.

The- benefit of the cessio, therefore, 'being thus
eirentled tb cases of heinous tnoral•delinquen4; the
only remaining question is, whether there has ben
ahy thing in the pursuer's -conduct to exclude Lien
(rum tilts miserable. remedy ? There is no reason
,ear thinking, that even on the,lTlCil, accurate scru-
tiny of the evidence respecting Isis conduct in the
election, any moral reproach could fairly be imputed
to him ; but as all events this is not the question at
present, as the Court is not Minted to go bo)und
the evidence contained in the (lecke, in wiitue of
'which he tias beenimptisorted..- That deeree was
pronounced, dna complaint ; in terms of one of the
most severoand jealous of the election laws, -A sta-
ttite Whichlinpuses peni2lties, nut so much in pro-
portion to'any supposrid moral/ °llene°, as with a
reference to the magnitude of the evil, 'which may
arise from errors, whether iumicent or criminal,—
Tile ""Ute Oil which the complaint is brought
clearly does not Procec;l nu the supposition of fraud
cominiiled by the 'clot ; for it purposely
the Ward " when describieg the pu-
itlihable acts, zt wed whim had been introduced
itim 'the -pmvious statutes. -Lie statute, therefore,
inflicts the penalties, without supposing any moral
elinquencY and the (levier, proceeding express...
iy on the statute,' cannot bo construed as' involv-
ing any imputinion of the pursuer's character,.
Which aught to bar him from claiming the present
remedy.