The Sun.
London, England, 1829-02-25 00:00:00

OLD BAILEY, FEU. 21.

OLD COURT.
TRIAL OF BYRNE. AND ROEBUCK, FOP. PERJURT.
(Continued from our Paper of yesterday.)

Miss Baxter, the dress-maker of Tottenham-
court-road, gave the same evidence with respect to
Byrne that she gave upon Smith's trial. Jane
Byrne wished witness to give her a character, and
wrote her a letter to that effect. Witness refused
to do so. Byrne, however, was a virtuous young
woman during the time she lived with her, and wit-
ness would have given her a character as such.
Harriet Baxter, sister to the last witness, corro-
borated the foregoing evidence, adding that Roe-
buck had called upon her, and told her that Mr.
Smith had taken most unwarrantable liberties with
Jane Byrne ; that he had violated her person, and
had ruined her ; in consequence of which both
Byrne and herself had left Smith's employment.
Catherine Lisle, sister to Mr. Smith's laundress—
Was in the habit of carrying clothes to Mr. Smith's.
Saw the prisoner there. She (Roebuck) told her,
that Jane Byrne had been in the habit of sleeping
with Mr. Smith.

Robert Bridle, a milkman—Roebuck told him,
that Mr. Smith said he was tired of Jane Byrne, and
wished for a fresh bedfellow.

John Godfrey is Mr. Berry's groom, who lives
exactly opposite to where Mr. Smith lives. Roe-
buck told witness that Mr. Smith was like Jonah—

[the remainder of the observation was so grossly in-
delicate that it cannot be repeated.]
The case for the prosecution closed here, and Mr.
HILL proceeded to address the Jury on behalf of the
pri.oncr. After which the following witnesses were
called to character.

George Macaroni is a silk-merchant, and also a
mock-broker. Knew the prisoner at the bar for

15 or 16 years. Her character during that time
was that of a respec:able woman.

Charles Roebuck Fenton called---Lived at Ken-
nington, and was a clerk in the Examiner's office,
India-house. Mr. Roebuck, the prisoner's husband,
was related to my family. Have seen the prisoner
at intervals during these seven or eight years. Never
heard anything against her character.
Mrs. Lec.---Kept a school for young ladies at
Clapton. The prisoner Roebuck lived with her as
cook for three months, during the last year. Her
character was that of great respectability. Had a
good character with her and gave a good character
of her to Mr. Smith.

Mr. John Landseer, a very old and infirm gentle-
man, who is father of the eminent artist, examined.

--Knew the prisoner at the bar for five or six years,
and her general character during that period was
that of a sober respectable woman. I should think
her quite incapable of conspiracy or perjury. Knew
her husband ; met him at Sir Joseph Banks's even•
ing conrenationes.
A Mrs. nolloway,of Devonshire-mews, also knew

the prisoner for 12 months, and believed her a sober
proper woman. On the night the prisoner and Jane
Byrne left Mr. Smith's house, they came to wit-
Ness. Did not peiceive that the prisoner was in
liquor, although she was in a high state of agitation.
She was accompanied by Jane Byrne, whose clothes
were torn, and who was crying during the greater
part of the night.
At half-past six o'clock, the Jury having again
assembled, the RECORDER proceeded to sum up the
evidence, beginning with the testimony of Mr.
Smith, upon which he commented at considerable
length. It was too much, he thought, that the jury
should be called upon to believe the evidence of a
man, who, by his own confession, a confession
which he had made in open court, and indeed seemed
almost to • glory in it, was a hunter after female re-
putation, and a common destroyer of innocence and
virtue. I-lis Lordship here read his notes to the
Jury of Mr. Smith's evidence, and remarked upon
the discrepancies which it contained, and the dis-
gusting admissions which that individual had made,
and the total want of shame end decency which his
words and demeanor had exhibited. In referring to
the charge made against him by Jane Byrne, he
drew the attention of the Jury to this circumstance,
namely, that the prosecutor had omitted to set out
in the indictment, an assignment of perjury, which of
all others they could have easiest proved, if it were
capable of proof,—he alluded to the circumstance of
Roebuck having stated that Jane Byrne when she
came down stairs, after Smith had accomplished his
purpose, appeared in great distress, with her hair
about her shoulders, and her clothes torn.
Mr. ALLEY here interrupted his Lordship. An
assignment of perjury on that ground could not be
sustained, because there was only one witness pre-
sent who could prove the fact.
The RECORDER-Sir, I must not be interrupted:
you must not openly contradict me.
Mr. ALLEY—I say you are mistaken, and have
mis-stated a fact to the Jury. We could not have as-
signed perjury upon the ground you mention.
The RECORDER—I say you could, Sir : there
were two witnesses present—the man who came, as
he said, to witness Smith pay the prisoner and
Byrne their wages, and Smith's groom. It is very
wron?. for Counsel openly to contradict a Judge in
his charge to a Jury. His Lordship then left the
case to the Jury.
Mr. ALLEY-My' Lord, you have told the jury
that which is not the fact. You have said—
The RECORDER-Sir, I will net hear your remarks.

Mr. ALLEY—MV Lord, but I will be heard. I
am before the public, and the duty which I owe to
my client and to public justice demands of me to
tell your Lordship that you have mis-stated both
the law and the fact.

The RECORDER-Sit down, Sir.
Mr. ALLEY—I will not sit down, my Lord, nor
he put down, while the interest of my client is at
stake. You have stated to the jury that it would
not be necessary that all the assignments laid in this
indictment should be proved and fully made out be-
fore they can convict; I deny that, my Lord, and
say, that if any one of the charges attributed to the
prisoner is made out, her conviction must follow.
The RECORDER-Sir, youir violence is very in-
decent ; what I said, and what I say still, is this—
that
unless the assignments shall be made out in
substance, the prisoner is entitled to an acquittal.
Mr. ALLEY—I deny that you are right in point of
law, and the duty which I owe my client compels
the to speak.
The- RECORDER—Speak decently, then, and pay
proper respect to the Cotsrt.
A Juryman here wi,hed to put a question to Mr.
Smith, who was recalled, and in answer to a
question from the jury-box, replied that it was his
regular course to pay his servants their wages in
preset:ce of a witness. Did not know that the pri-
soner Roebuck could write, but saw her sign her
name.

Bridle, the milkman, was also recalled, and being
interrogated by one of the Jury, answered, that he
had never seen Roebuck intoxicated during his calls
at Mr. Smith's house.
Mr. ALLEY—I shall now insist upon my right to
reply.
'Mr. lIILL—Did 'any ohe ever hear in a British
Court of Justice a reply by Counsel after a Judge has
summed up the evidence ?
Mr. ALLEY---I shall not press my right unless the
Jury wish it. Before God, I have no wish hut that
equal justice should be done between Mr. Smith and
the prisoner at the bar.
The Jery having consulted in the box ler about
• ten minutes, returned a verdict of Not Guilty.
Mr. ALLEY immediately, and handing a paper to
the Clerk of the Court, said, with considerable
warmth, " My duty to the public and to my client
directs me to say, that the other indictments con-
nected with this case shall not be tried here. I here
lodge a certiorari, for the purpose of moving them
into the King's Be h."
The RECORDER—I see, Sir, your object in this
proceeding, and the manner in which it is done.
Mr.-HILL—And the effect of which is to oppress
my client.
The RECORDER (to Mr. Alley)—l should wish

to know, Sir, what your object is by this most un-
usual proceeding?
Mr. ALLEY—I will tell you plainly. lam dissa-
tisfied with the judgment.
A Juryman—But, Sir, we have given a verdict
upon oath.
Mr. ALLEY—YOU have a right, gentlemen, to
your opinion, and I to mine.
The RECORDER—YOU have acted most im-
properly, Sir, and with great disrespect to the Court.
Mr. ALLEY—My Lord, I have been known to
you for 40 years, and in the course of that time have
treated you with respect ; but now—
Mr. HILL—I beg to apply to the Court on behalf
of my client, that she may be admitted to bail upon
her own recognizance.
Mr. ALLEY—And I bog that she may be ordered
to give forty-eight hours' notice of bail before she
shall obtain her liberation.

Mr. CLARKsON—It is very hard that she should
lie detained in custody to answer the purposes of
such a ruffian as Mr. Smith.
Mr. ALLEY—Who calls me a ruffian ?
Mr. CLARKSON—The expression was not directed
to you ?
Mr. Smith—You dare not repeat it to me, Sir,
out of this Court.

Mr. CLARKSON—Be silent, Sir.
The RECORDER told the Jury that they were
discharged, and soon alter the Court broke up.

Mr. C. PEARSON was the attorney for the defence;
Mr. HARMER conducted the prosecution.
A curious circumstance connected with this ex-
traordinary case, was the presence in Court, (luring
the entire time that the trial lasted, of several well':
dressed and fashionable-looking women, who appeared
not in the slightest degree abashed at the most filthy
and disgusting details which were drawn forth from
some of the witnesses.

MARKET INTELLIGENCE.

LONDON MARKETS.

(From the London New Prise Current of yesterday.)
SUGAR.—The market for Muscovade Sugar has
become very languid, on account of the new Mau-
ritius Sugar being brought forward for sale; the
estimated perchases of West India Sugars last week
were only 2,000 l,hds. and tees.—The reports from
warehouses are favourable for the Sugar Market;
the comparative Stock was reduced last week ; it
now only 2,486 hhds. and tees. more than in
1828. The delivery lait•week was 3,319 hhds.
and ices., being 486 more than in the comparative
week of last year ; the delivery of Mauritius is, how-
ever, 4,532 bags less. The estimated sales of
Muscovades this day were 400 hhds. and ices.
The Refined Market became very languid last
week, and the prices in some instances were a shade
lower. To-day the market is very dull and Is.
lower.

FOREIGN SEGARS.—A parcel of the new arrival
of Havnnnah Sugar has been sold, fine yellow at
365.; it is also stated that some ord. brown and
yellow, of an old import, sold 31s. a 325.

EAST INDIA SUGARS.—On Friday last the first
cargo of the new crop of Mauritius this season was
brought forward to public sale ; it attracted much
attention, and with the exception of a few lots
grocery Sugars, 60s. a 625. good to fine yellow, the
whole sale went off at a reduction of Is. 6d. a 2s.
per cwt. The principal part of the sale consisted
of strong grey Sugars, suitable for Refining :—Grey,
good strong, 555. 6(1. a b6s.; middling, 545. a 545.
Gd. Broun, dry, 50s. Gd. a .51s. The previous
demand for Bengal and Siam Sugars (the latter at
Is. advance) was immediately suspended.—The in-
telligence from Vienna that an additional duty of
10s. per cwt. would be immediately imposed on all
Sugars in the Austrian territories, had an unfavour-
able effect on the Markets.—This forenoon by
public sale, 1,030 bags Bengal Sugars, -of an un-
common fine quality; white fine, 38s. a 405.; good
and mid. 355. a 365.; yellow tinge, 335. a 83s. 6d.

WEST INDIA MOLASSES.—'There is no alteration
in the prices of West India Molasses.
COFFEE.—The Coffee Market was very heavy all
lust week, and on Friday a decline of fully ls. per
ctvt. took place. About 1,000 bags Brazil sold,
good ordinary pale 355., good ordinary colouring
365. a 365. 6d., fine ordinary 375. 6d. a 38s. Ja-
maica and Demerara descriptions were without alte-
ration. Mocha was more in demand for home con-
sumption, and an advance of 3s. a 4s. per cwt. took
place. This day by public sale 223 cask'. British
Plantation and 62 bags St. Domingo, the latter
good ordinary pale, sold at 375., the former chiefly
Jamaica descriptions ; the clean for home consump-
tion went off at full prices, good ordinary 42a. a
435., fine ordinal), 445. 6d. a 455. The Coffee
Market is heavy. A cargo of Brazil sold afloat at 38s.
Rum, BRANDY, ANDHOLLANDS.—The holders of
Leeward Island Rum continue to look anxiously fer
a Government contract, which is now expected;
the sales last week were confined to small parcels for
export at former prices. About 600 puncheons Ja-
maica Rum were taken last week for home con-
sumption; the only particulars which transpired
were that the Rums were of good quality ; the
strengths 10 to IS over; the prices 3s. a 3s. 2d.
Small panels of Brandy continne to be taken for
shipping, chiefly of the second quality, marks 2s. 6d.
a 2s. 7d.—Geneva remains at nominal quotations.

-
HEMP, FLAX, AND TALLOW.—'I ho Tallow Market
has been languid, and the prices are a shade lower,
In Hemp or Flax there is little variation.
COTTON.—The Cotton Market continues very
dull. The purchases for the week ending last night
inclusive are inconsiderable; they consist of 400
Bengal, 30. a Cid.; 550 Surat, 31d. a 41d.; 50
Madras, 41(1. a 5d.: 200 Egyptian, 74d.
SILK TRADE.—We have often stated that the
reported flourishing state of the Silk Trade was a
mere delusion, one of the many devices resorted to
by the supporters of the free trade system, when they
found the ruin their measures were bringing upon
the commerce of the courtry ; the bankruptcy of
the manufacturers, and the procession of some
thousands of artizans, pictures of misery and starva-
tion, is, however, attracting the attention of Mini-
sters and of the public; several propositions have
been submitted to Government—they have been
rejected—yet the 'Ministers state something will be
done, and they are willing to adopt any plan for the
I relief of the trade shot t of total prohibition. In this
position the question at present stands.
COCHINEAL.—On Friday last a public sale of
124 bags Cochineal was brought forward, about one-
third sold at a reduction of 9d. to Is, per lb., fine
black I ls. to I Is. 2d., mid. to good 10s. a 10s. Od.,
silver 9s. 6d. a IPA., foxy 9s. 3d. a 9s.
SALTPETRE.—The market is little varied.
TOBACCO.—The demand for Tobacco continues
to be entirely suspended.
FRUIT.—The chief business in Fruit continues to
be in the new Denia Raisins in baskets, as usual at
this season ; the good qualities support prices, us
they are scarce, but the inferior, of which the stock
chiefly consists, are oifficult of sale, even at lower
prices ; Valentia Raisins are neglected, on account
of their being superseded by the large supplies of red
Smyrna Raisins. A public sale of Fruit was
brought forward last week, damaged Currants cold
80s. a 88s. for butts, caroteels 89s. a 905.; one lot
sound red Smyrna Raisins 425., damaged 38s. a 416.
SOUTH SEA FIsHERY.—Tho following vessels
were at Sechelles Islands, 9th September:—Cathe-
rine, 1,400 brls. Oil; Sarah, 1,100; Greenwich,
1,230; Lyra, 700; L'Aigle, 20; Mary, 809;
Sarah, 900; Sir George Osborne, 30; Rochester,
1,100.
HoPs.—There is no alteration in the demand, or
in-the price of Hops.
IRISH PROVISIONS.—In Beef or Pork there is
little variation. Bacon is 2s. lower, on account of
the extensive arrivals. The prices of Butters are
nearly nominal ; the holders of stale and inferior
I parcels of Irish Butters have made large sales at a
considerable reduction in prices.
EAST INDIA SALE OF' SlLK.—Yesterday the sale
commenced at the India liouse, it consists of 2,400
bales of East India Company's silk, about 800
China, and 500 Privilege. There was a complete

panic in the trade; fine silks fell about 15 a 20 per
cent., the coarse 25 to 30 per cent. This day at 11
o'clock the sale was exceedingly languid; it vrai
moved that an adjournment should take place, 11
was carried, and the trade in a body proceeded to
wait upon the Miuisters: At a late hoer they had
not returned,

RlCE.—Small parcels of Carolina Rise have been
sold. Bengal white 13s. a 14s. On Friday 6,586
bags ord. Jaya 105.
INDlGo.—There were no soles of any extent last
week; the inquiries yesterday and this forenoon ar
pear increasing. This day 187 sarong Spanish, .110
chests East India; the Manilla sold 2d. a 9d. per
lb. lower than the India sale; the Ouda was all
taken in; the Caracca sold 3d. a Gd. higher than
last public sale.
MINING INTELLIGENCE.—SaIes at Redruth last
week. Quantity of Copper Ore sold 2,115 tons;
average produce 7?". Quantity of fine Copper 130
tons 15 cwt. Amount of sale 9,3091. 18s. Average
standard 1091. 9s.

COUNTRY CORN MARKETS DURING THE WEEK•

Per Onarter.
Poston

Wheat. 1 Barla►. Oats. i Beals.

s. to 1. 9. to a. 8. to S.
02 36 13

Gainsborough ......-- I

Grantham.
Grina‘by—
Hornca.4tle.

Lincoln

74 I -

52 6'2
60 72
f 6

27 31
20 30
20 30

5 0 68

1(i 25
12
18 29

30 37

20 26

8. to 5.
34 -"
..... 42
40
22 So
36 40
40 4
34 63
37 44
36 40

Spilsby .

64 68
58 76
68 80

24 20
24 35
30 37

16 W
19 21
241 27

NORWICH, Feb. 21.
In consequence of the continuation of foreign arrivalgo
and tht, great heaviness in the Flour trade, our miller
are extremely reluctant to purchase : the little businee,
dune in Wheat was at a reduction of 3s, to 4s. per roar'
ter, but at these prices our farmers hold back, in eY•
prctation of a revival. Barley is Is. to 2s. per quartet
lower, with but little doing ; the farmers being unwill-
ing to sell. There is no alteration in the priCe of abet'
artiees, though a general dullness prevails. Flour is 2s.
per sack lower.
Wheat (per qr.) Ms. 725. I Beans (per qr.) ...... Vs.
Barley
IS4. 20s. 28s. Flour, tine (per sack) .545. 565-