The Sun.
London, England, 1842-05-09 00:00:00

EXCHEQUER.-(THIS DAY.)

SIMMONS V. SI3IMONS.
Thig was an action ou a bill of exchange for the sum of
1,6001. The defendant did not appear at the trial, and a
verdict was given against him in default. An affidavit was
put in by the defendant, on a subsequent day, stating that he
had been prevented by unexpected circumstances from appear-
ing ; and in that affidavit a rule was granted calling on the
plaintiff to show cause why a new trial should not be had on
condition that the defendant should
_pay the expenses of the
first suit.

This rule was now made absolute, on condition that half o 1
the sum claimed should be paid by defendant into Court.

BAIL COURT.-(THIS DAY.)
The Court was engaged this day in hearing motions in•
voicing points of pract ice, and not possessing any public interest

CRIMINAL COURT.-(THIS DAY.)
OLD COUR7'.
These Sessions, the seventh of the present Mayoralty, com-
menced this morning before the Lord Mayor, the Recorder.
Alderman Sir C. Marshall, Sir James Duke, and the
Sheriffs, &c.
The Grand Jury having been sworn,
The RECORDER proceeded to deliver hie charge to them :
although the calendar contained a numerous list of prisoners,
charged in some instances with offences of a most serious nature,
still on the perusal of the depositions, he did not anticipate that
their deliberations on the great mejority of the cues would be
impeded with difficulties in point of law. He, however, at the
same time, deemed it right to call the attention of the Grand,
Ju y to the case of the party ,charged with the crime of mur-
der, and that of two other parties charged as accessories to the
same crime after the fact. It would be befitting also to call
the attention of the Grand Jury to another case—that of
shooting with intent to murder, which took place at Wool-
wich, where the son-in-law of the party who received the
injury presented himself at the door of his father-in-law, and
upon beingrefused admittance, he left the place, returning,
shortly afterwards, and then discharging a pistol through the
door, which took effect on the face of his father-in-law, the
bullet lodging in his cheek. That case would he brought
before the Grand Jury on a charge of shooting with intent to
murder. It would appear from the evidence, that at the mo-
ment when the pistol was discharged the prisoner was in a state
of partial intoxication, but he was bound to tell the Grand
Jury that the circumstance of partial intoxication afforded no
answer whatever to the charge of shooting► with intent to murder ;
and, in addition to that, if the depositions were correctly taken,
it would appear that, when sober, the pistols were purchased
by the prisoner at a pawnbroker's at Woolwich ; that they
were afterwards seen in his possession, and that at that time he
had made declarations of his intention to do mischief with
them. Knowing that the prisoner had those dangerous
weapons about him, and fearing from his declaration that he
would commit some violence upon him, was the cause of the
father-in-law refusing him admission, whereupon ho com-
mitted the crime with which he was charged. He (the
Recorder) was unwilling to go further into the facts, be-
cause the Grand Jury would have to consider them when
the evidence was presented to them ; he might, however,
say this, that after reading the depositions, he thought
they would come to the conclusion that the case should be put
in a further train of inquiry. The other and more im-
portant case to which he would call their attention was the case

of a charge of murder against an individual, who was allegeit;
have committed murder at Roehampton. It was a case resting
upon what was termed circumstantial evidence. Now, it was
not to be expected that crimes of great magnitude,
cud entailing the most awful consequence on those
who perpetrated them, would be ordinarily committed otherwise
than in secret, and it was in such cases where Eo evey was wit-
ness to the transaction, that they were compelled to resort to
the aid of circumstantial evidence, and to collect from a variety
of circumstances leading to the same conclusion, where it ap-
peared the fact itself had been committed; it was from such
circumstances they were to conclude whether they pointed out
the party accused as the perpetrator of the crime which had
been committed. He would in preference to any observations
of his own, refer the Grand Jury to some observations
in a work of Mr. Starkie's on the subject. That Learned
Gentleman said—" It is essential to the well being at
least, if not to the very existence of civil society, that it should
be understood that the secrecy with which crimes are com-
mitted, will not ensure impunity to the offender. At the same
time, it is to be emphatically remarked that in no case, and
upon no principle, can the policy of preventing crime and pro-
tecting society, warrant any interference which is not founded
on the most full and certain conviction of the truth of the fact,
independently of the nature of the evidence, and of all ex-
trinsic considerations whatever. Circumstance is al-

lowed to prevail to the conviction of an offender, not because
it is necessary and politic that it should be resorted to, but be-
cause it is in its own nature capable of producing the highest
degree of moral certainty in its application." ' Now, to apply
those observations to the case which would probably be laid be-
lore the Grand Jury, they would have to consider whether the
prisoner who was charged with this offence, was last
seen in the company of the party who was supposed
to have fallen by his hands; they would have also
to consider where the remains of the party were found.
Whether it was a place under the immediate control and key
of the person charged with the offence ; whether the place in
which the remains were found excluded the supposition of any
other person having committed the offence, or having access to
the place, They would also have to consider whether, in addition
to the fact of the remains being found in a stable and harness-
room, whether, upon the proof offered, they must necessarily be
inferred to be the remains of a human being, and, if they came
to that conclusion, the next question would be, what had become
of the articles of apparel in which the individual was last
clothed, and what also had become of the property belonging
to the deceased. If they found, after the party was missing',
the identity was attempted to be destroyed by dissection of the
body, and by committing part of it to the flames—if they found
the remains in a room, under the lock and key of the party
charged— if they found the party charged exclusively
resorting to the spot where the remains were found—
if they found every article of apparel in which the in-
dividual was last seen alive (immediately upon the indi-
vidual being missed and the remains found) in the possession
of the prisoner, and dispersed in various quarters by him ; if
they found a general breaking up of all the property, supposed
to belong to the deceased, by the prisoner, they would have to
say whether he, and he alone, was not the party concerned in the
extinction of life. He had felt it to be his duty to
make these observations, not for the purpose of prejudicing
the case, but in order to draw the attention of the Grand Jury
to those points which it appeared to him were important that
they should consider, in order to form the conclusion to which
they must come, whether or not, upon the evidence, the party
was guilty of the crime with which he was charged. It would
be in evidence that the remains exhibited a healthy appear-
ance ; that they belonged to a female in a somewhat advanced
state of pregnancy. There would be evidence brought be-
fore them to prove the identity of the female, her absence,
and also to show that if she were now in existence,
she must be entirely without clothes. They would also have
to consider the conduct of the prisoner when the remains were
first discovered, and to draw their own conclusions from that
conduct. From the whole evidence which had been laid before
him, the Grand Jury would have these facts, that the party
was missing, that part of her remains were foend, and that the
prisoner had been in possession of every article belonging to
the female, immediately after the murder. He would forbear
going more into the facts, they were most voluminous ;
and deserved the consideration of the Grand Jury
in an eminent degree; it did, however, appear to him subject
to the better judgment of the Gr..nd Jury, that there was
ample evidence in the depositions to justify them—indeed to
render it their imperative duty to put the present most solemn
case in a state of further inquiry. There were two other par-
ties charged as accessories after the fact. Now, with regard to
the evidence against the accessories, assuming the proof of the
principal felony established, it was as against them to be
proved that knowing that the murder had been committed they
harboured,comforted, aided, and assisted the party committing the
crime. Against the two persons charged as accessories, there was
note great deal of evidence ; but there was some that one of the
parties stood in the relatioo of wife to the party charged with the
murder ; if such was the case, there were difficulties with respect
to her, because it had been expressly laid down in works of the
greatest authority, and especially by Lord Hale in his Pleas of the
Crown, that if the husband committed a felony, and the wife knew
it, and received and harboured him, she could not be considered in
the light of an accessory for such receiving ; but the contrary
was the case where the felony was committed by the
wife. But evidence might be shown, in the present
ease, that the party charged was not the wife; and then
she would be subject to no such exemption. But to the ether
party charged these observations did not apply ; and if it ap-
peared that he willingly sheltered the man, and received goods
from him belonging to the deceased, there would be no difficulty
on the part of the Grand Jury in putting his case in a
course of further enquity. On the whole, he thought that in
both cases it would be better to put them under public trial, by
sending them before the Pettit Jury. The Learned Judge,
after adverting to some of the other cases, concluded by re-
mitting the Grand Jury to the giscbarge of their duties.
The Court tht a proceeded to swear in the Pettit Jury.
The Common Jury having been sworn,
Mary Flemming, aged 30, who stood remanded from the
last session, was indicted for feloniously stealing one shawl, the
property of Thomas Robinson, of Chariton-street, Somers Town.
This was a common case of larceny. The shawl was hanging
at the prosecutor's door, and was snatched from the place Vi here
it was hanging, by some one outside, and shortly afterwards
was found in the possession of the prisoner.
From the evidence, it appeared that the shawl was found in
the possession of the prisoner within five minutes after it was
missed from the shop of the prosecutor.
The prisoner said in her defence that a person whom she
did not know hadgiven her the shawl to hold.
Several witnesses gave the prisoner a good character, and
the jury returned a verdict of Not Guilty, as they thought by
that means the conscience of the prissner would to touched,
and therefore her present situation would act as a warning to her.
The RECORDER said they had nothing to do with the con-
science of the prisoner in returning their verdict.
The Foreman of the Jury said they had come to the deter-
mination of acquitting the prisoner, as some of the Jurymen
ntertained a doubt, and therefore gave the benefit of it to the
prisoner.
The prisoner was consequently discharged.

POLICE', INT EI. LIG ENC E.

BO W-STREET.-(THIS DAY.)

Owing to Mr. Hall's continued indisposition, Mr. Jardine
sat for that gentleman again to-day.
EXTENSIVE ROBBERY.— Charles and Henry IVilson, two
respectably attired young men, were charged wi,h the follow-
ing impudent robberies.

-Rd: Stephen Waylett stated that he was a watchmaker and
jeweller, residing at No. 2'26, OxLrir-street. On Monday,
May '2. about two o'clock in the afternoon, the prisoners drove
to his shop in a very superior horse and chaise. The prisoner
Henry went into his shop, and said a lady wanted to purchase
some jewellery. He told witness to take some watches and rings
to his residence, No. 74, Connaught-terrace. Charles re-
mained in the chaise all the time the order was given. Wit-
ness immediately picked up some rings and watches, and went
off to Connaght-terrace. On arriving there he rang the bell,
and said to a female who opened the door, that he had come
with some jewellery for Mr. Matthews. The girl sa d it

was all right, and asked him to walk in. Witness was shown
into the parlour, and there he saw the two prisoners. Henry
asked about the rugs, and witness showed him some.
Henry then said to the other prisoner, "Is she dressed
yet ?" and Charles said " No, not yet." Charles
then took some of the rings out of the room and returned, say-
ing that one of them fitted her exactly. Henry then asked
about the watches, and witness produced four gold, five silver,
and two metal ones, value 451; Henry remarked that witness
had brought a nice assortment, and be rang the bell and or-
dered the servant to bring up a waiter ; the waiter was brought
up, and Charles put all the watches on it and went out of the
room. Henry then began talking about his horse, the wea-
ther, and common-place conversation, and pressed witness to
take a glass of wine ; witness refused at first, but prisoner said
he must take something, the lady was so long choosing ; wit-
then acquiesced, and said he wou:d take a glass of port, and the
prisoner left the room, and not returning, witness became very
uneasy, and in about ten minutes he rang the bell and the land-
lady came up ; witness asked her if she had selected a watch of his
yet, arid she replied " Oh, do you know Mr. Matthews?"
Witnesi then thought that a trick had teen played him ; and
he went to the door and calved out " police;" the police soon
curie, but they did not appear to attach any suspicion to the
persons in the house; witness described the person of the
prisoners, issued bills, &c., for th,ir apprehension, and he re-
ceived intimation this morning that the prisoners had been
taken. Wiwi ss also identified a watch which had been found
upon one of the pi honors as one of those which he had lost.
Thompson, the constable, requested-the Magistrate to adjourn
the examination as there were a great number of cases against
the prisoners; there were upwards of 20 cases in London, and
a great number of country cases from Brighton, Ramsgate,
Gravesend, tcc.

Another case was gone into of a similar character, in which
the prosecutor was a draper, residing in Sr. Martin's-lane, ac ho
had sent about LW. worth of drapery goods to No. 7, Lei-
ceAer-place, and had been served in precisely the same way.
The Court was crowded with persons who were anxious to
prefer charges against the prisoners, but as Thompson was
very anxious for an adjournment,
Mr. JARDINE remanded the prisoners till to-morrow week.

MARLBOROUGH STREET.
(THIS DAY.)
OBTAINING GOODS BY FALSE PRETENCES.— Sartth Berry,
a respectable loalcing middle-aged female, was charged with
obtaining goods under false pretences.
William Evans, shopman to 'Messrs. Swan and Edgar, of
No. 110, Piccadilly, silk mercers, lacemen, &c., stated,
that on Monday last the prisoner came to his employer's
shop, and represented that she had been sent by a cus-
tomer of the firm, Mrs. Thomas, of No. 9, Dover-
street, Piccadilly, dress-maker and milliner, for some blond
lace-fringe and other articles, to the amount of IL 35., with
which she was served, and went away. On the bill being sent
in to Mrs. Thomas, she stated that she had not sent for the
goods in question, or authorised the prisoner to obta;n them in
her name.

The prisoner had nothing to say in her defence, and was com-
mitted to take her trial at the Central Criminal Court.

UN[ ON- HA LL.-(T HIS DAY.)
Edward Jones was charged with being engaged in illegal
distillation, and attempting to set the place on fire.
John CGurt, an excise-officer, stated that receiving informa-
tion that a private still was at work at a house in Wellington-
street, libekfriars, he went there at four o'clock with three
other officers. Having entered the house by force, they saw
the defendant, who was in his shirt sleeves in the passage, and
he ran into the still-room, in which there was a quantity of
molasses wash in a state of fermentation, and also several gal-
lons of strong spirits in the still, uccler which there was a fire.
The defendant immediately ran into the still-room, and taking
a pan of strong spirits, he threw the contents of it into the fire,
arid in a moment the place was in a blaze.
lie was fined 301., and in default of payment he was com-
mitted for three months.

THE IVIURDER AT
1-IIGHBURI.T.

CLERKENWELL.-(THIS DAY.)
Shortly after tett o'clock Mr. GREENWOOD took his seat
on the Bench.

The murderer Cooper was then placed in the dock. He
seemed in a good deal better health than on the previous days.
Stephen Turnbull, Thomas Grover, Young, and ether
witnesses were examined, lout the circumstances detailed by
them respecting the murder and arrest of the prisoner have
already appeared.
Mr. Drewry, the surgeon, was next examined. He was
called on to attend the wounded man by a person named
Sumner.

The coat of the deceased was produced. The breast of the
left side was quite singed. There was the mark of the bullet
hole in the middle of the singed piece, and another mark of a
bullet hole on the right side above the hip.
The medical gentleman detailed the nature and description
of the wound. There was no question that it caused Daley's
death, and that almost instantaneously. Daley was a stout-
buiit man, and in perfect health when he met with his death.
Pelee-constable North, N 17, deposed to the capture of the
prisoner, and his appearance in the station-house. Found on
searching him two bullets. Had known the deceased police-
man Daley about six years. He was a particularly quiet, in-
offensive man, and had left a wife but no children. This wit-
ness supplied the only link in the chain of evidence against
the prisoner which was wanted—namely, that he saw him
from the time he got over the Rev. Mr. Wilson's fence, until
he reached the spot where the murder was committed.
Inspector Thatcher then said the case against the prisoner
was closed.

Mr. GREENWOOD—Ham you anything to say why you
should not be committed?

The prisoner replied—Nothing.
Mr. Corry then applied that the prisoner might be confined
in the New Prison until his trial.
The prisoner said be preferred going to Newgate, whither
he will be suit this evening.

INQUEST ON THE BODY.
(THIS DAY.)
This morning, at half past ten o'clock, tha Jury sworn on
Friday last to investigate the circumstances of the death of
Timothy Daley, aged 42, met in the spacious dining-room of
Highbury Barn Tavern.

The names of the Jury having been called over,
The ConoNER, addressing them, said it would be remem-
bered that they adjourned on ,Friday last, in order that the
examir,ation of the accused party might be completed else-
where, and that they might have him before that Court
He regretted to state, that they were, however, in a si-
milar situation, for they had neither pr:soner or witnesses.
On Friday night last he (Mr. Wakley) communicated
with the Secretary of State far the Home Department
on the subject. but by some mistake the order for the
production of the prisoner had been given to the Governor
of the New Prison, Clerkenwell, instead of the Governor of the
House of Correction, in whose custody he was. It certainly
did appear that every impediment was thrown in the way, and
done to bring the Coroner's Court into contempt, for there was
nothing to have prevented the prisoner being before the Jury
on Friday, if the Magistrate had done his duty according to the
Act 2d and 3d Victoria, chap. 71, which compelled him to take
his seat on the bench at ten o'clock, whereas the Magistrate
in this case did not do so until eleven. Such proceedings were
calculated to bring the administration of justice in this country
into disrepute, and he was determined to see the matter settled.
After other comments on the conduct of-the Magistrates, Mr.
\Vakley adjourned the inquest till Wednesday.

Yesterday from an early hour in the morning and through.
out the entire day the neighbourhoods of Highbury and
Hornsey presented the appearance of a fair, in consequence of
the immense number of persons who attended there for the pur-
pose of viewing the scene of the late murder of the policeman
Daly, and in order togratify the morbid appetite of the public,
some of the persons who were present and who viewed the
dreadful catastrophe, had broken a piece out of the paling where
Cooper, the murderer, stood, and had chalked the immediate
spot where the poor man Daly fell, and where Mott, the baker
was shot. It is estimated that there were not less than 15,000
who visited Highbury during the day, and the proprietors of
Highbury Barn and other places in the immediate locality
rea_ped a plentiful harvest.
Up to yesterday afternoon doubts existed amongst the medi-
cal gentlemen as to whether Cooper had really taken poiscn ;
but the bottle which he admitted having thrown away whilst
being pursued, has been found in a field near Highbury, and
Mr. Drewry, the surgeon, was occupied upwards of three
hours analyzing the small portion remaining in it, the result of
which was that he had proved it to have contained metallic
poison. It is singular, however to relate,_ that when the bottle
was found the cork was in it, so that the prisoner must, if it
were really the one used, have taken the trouble to put it there
after drinking the contents of the phial.
Up to last night the following disclosures have been re-
ceived by the police of the robberies which the murderer has
perpetrated in the immediate neighbourhood of Hornsey. Late
on Saturday, a gentleman named Sware, residing in Single-
ton-street, Hoxton, gave information to Inspector Thatcher,
that on the Saturday week previous, in the afternoon' he was met
by Cooper, v horn he has since identified, in a path leading out
of Hornsey-wood. He demanded his money and catch, and
on his :refusing he struck hint so violent a blow en his forehead
with the but-end of a pistol, that it spit his head open, and the
blood poured freely from the wound; lie then gave hint the
watch, and he made off in the direction of Meswell-hill.
Mr. Southall, a e.entleman of independent fortune, residing
at Downliam's Villa, Hornsey, has identified Cooper as the
man who stopped him and presented a pivol to his breast
about half-past.eight o'clock in the evening of Mon-lay last,
whilst returning to his residence from the city. He stated to
Inspector Thatcher, that when Cooper came up to him
and presented the pistol, lie said, " Come, your money, there
is no time to lose." Mr. Southall states that he had in his
trowscrs lett pocket upwards of 101. in gold and notes, and, in
his light, abcut lOs. or 12s. in loose silver. He gave Cooper
the latter, and showed his empty pocket, on which he ex-
claimed, showing him the pistol, " Don't make a noise," and
made off.

Mrs. Roach, of Brookly Hall, Homerton, has identifed him
as the m‘n who +topped ht r a few days since near Lea-bridge,
and took a gold chain from her neck %,hilst holding a pistol
to her head ; and also the boy who keeps the toll-bar near the
Manor-house has proved, that six weeks since he was sitting
all alone in the toll-holvie, at which time there was about 3s.
rth of halfpence on the shelf, when Cooper came in, and
attemptod to reach it. The boy called fo: help, and he said
I'll give you this," showing a long knife. The boy ran out,
and Cooper made off.

ROYAL ASIATIC SOCIETY.—:-The anniversary meet-
ing was held on Saturday, and was very numerously attended,
Professor Wilson, the Director, in the chair. On the motion
of Sir Alexander Johnstone, seconded by Sir George Staun-
ton, Bart., M.P., Lord Fitzgerald and Ve.sey, chairman of the
Board of Control, was elected President, in the room of the
late lamented Earl of Munster. The Report of the Council
commenced by referring to his loss, as that of a nobleman
whose love for the pursuits of Oriental literature had asso-
c'ated him with the Royal Asiatic Society from its earliest
existence, and whose affable and courteous mannet endeared
him, in a peculiar manner, to the lar4e circle with whom he
he d friendly and familiar intercourse. Although he had no
opportunity of distinguishing himself in the Pim:farce war as
a soldier, yet he obtained great reputation for his urhesitatieg
and active benevolence in rescuing the native troops and eanlp
followers from the fatal effects of cholera, and by his judicious
administration of remedies many byes were saved. The
loss which the Society had sustained by death uas less than
usual, notw.thstanciing the casualties front the ret cot disasters
in Affghanistan. At the head of these was Sir Alexander
Burnes, than whom few hail in su short a period of active ser-
vice occupied a greater share in the public interest, whilst few
had fallen more generally lamented. Amonst other casualties
were Sir Thomas Strange, the first Recorder of Madras, to
which he was 'appointed in 1798, Professor Heercn, of Gottin-
gen, and Professor Othman Frank, of Munich. The total loss
of contributing members in the past year was 20, and the num-
ber of elections 14, besides two honorary and one foreign mem-
ber. The Society had received many valuable presents during
the past year, including a choice collection of beautiful Persian
MS,., bequeathed by the late Mr. N. 13. Eilmonstone, 80
volumes of Oriental MSS. and printed books, principally Turk-
ish, from the late General Thomas Gordon, and teveral Chinese
works from Sir George Staunton.