The Sun.
London, England, 1845-05-05 00:00:00

TUE SUN, 14014130 N, IVIONDA.Y 51011,N1N0, MAY I Mk

LOSS OF THE STEAM-BOAT
SWALLOW.

LAW INTELLIGENCE.
COL' T OF CHANCE/il', May 3.
The LORD CHANCELLOR sat in his private room this
day. r‘ith the Mater of the Rolls and Chief Justice
'Fulda% and pr,,ce, ded with the h,ng-pending argument
respecting the cr,wn jciwels.
Sir C. Wtthrrell and Mr. F. Kelly (who spoke for
four days) have been heard on the part of the King of
Hanover, and the Solicitor-G' neral for the Queen.
Sir T. WlLng commenced his argument on the same
side this morning, and had not concluded %hen their
Lordships rose.

POLICE INTELLIGENCE.
uaDAY.)
GUILDII.II.L.

The New York Sun of April 9 publishes the particulars of the
loss of the steam-bat Swallow, having on board 350 passengers,
the particular:, of which we subjoin :
" The steamboat Swallow, having on board about 350 pas-
sengers, left Albany last Monday evening as six o'clock, for this
city. When opposite Hudson, near Athens, she struck a rock and
broke in two.

" All was consternation on board; the ladies were terribly
alarmed and agitated, and many were for jumping overboard in their
efforts to reach the rock, or to save themselves in any way. The
gen•lemen, whose minds were cool and collected in:the midst of the
disaster, endeavoured to prevent any of the ladies leaving the boat,
considering all safe in clinging to the wreck.
" What rendered the scene more appalling was the total dark.
ness of the night—the water coming up to the hurricane deck, and
the ladies being drawn up through the skylights drenched in water.
The heeling of the boat brought the fire of the furnaces in contact
with the wood, and a lurid flame burst forth, lighting up at once,
and adding to the horrors of the scene ; surrounded by fire and
water, every effort was made by each person to provide for their
own safety. The terror seemed to be at its highest when the boat
broke in two, the water put the fire out, and the stern sunk.
"At this critical moment the steaas.boats Express and Ro.
chester came up, and inimediately got out all their boats, to pick
up those who were in the water, and save the residue who were
clinging to the wreck—of the se the Rochester took on board 150,
and the Express 50. Many were known, however, to have reached
Hudson and Athens, as boats were promptly dispatched from both
places.

COURT OF QUEEN'S BENCH, May 3.
(Sittings in Bunco.)
THE QUEEN V. GREGORY.

The defendant in this case had been indicted for hav-
ing published certain libels against his Highness the
Duke of Brunswick, and upon that indictment the de-
fendant was convicted ; but a motion was subsequently
made to the Court to arrest the judgment, on two
grounds—tirst, that it was nut shown that before the in-
dictment was preferred any recognizances to prosecute
had been entered into ; and, secondly, that from the re-
cord it appeared that the recogniz•tnces had been entered
into at a time subsequently to that when the indictment
was preferred. The indictment was dated before the
recognizances, but they were, in fact, taken before the
indictment was preferred.
The COURT took time to consider the question.
This morning Lord DEsmAN delivered the judgment
of the Court. He stated that the question was, whether
the judgment against the defendant ought not to be
arrested, in consequence of the indictment not having
stated that the prosecutor had entered into recognizanees
to prosecute the defendant before the grand jury had
found the bill. Their Lordships considered it to be un-
necessary that the caption should state that recogniz•inees
had been entered into ; that allegation, therefore, not
appearing., was not a sufficient ground why the judgment
should be arrested ; but supposing the omission of that
allegation to be an error, it was upon the face of the
record, of which, of course, the usual and customary
advantage might be taken. He flit n came to the other
objection, which was this, that if no recognizanees had
bean entered into before the time when the indictment
was found by the grand jury, the Co!.:rt ought to quash
the indictment. The Court had considered this question
to be one of a difficult nature, and had therefore taken
time for consideration. The Central Criminal
Court Act had given large powers to the
grand jury, and it was a provision that no Bill
should be presented to the grand jury unless the party
who prosecuted should pfeviously have entered into re-
cognizances to prosecute at the sessions, thereby intend-
ing that the reeNnizances should be entered into
at some previous sessions. An application had
been made in one instance to the Lord Chief
Justice of the Court of Common Pleas to
permit parties to be examined and enter into recogni-
zances at the same sessions, before the indictment was
preferred, and this had been done in order that the re-
quisitions of the statute might be complied with; but
Lord Chief Justice Tindal would not allow it, and he
(Lord Denman) and the rest of the judges, considered
that the Lord Chief Justice had done right, but did not
consider that he intended to give any opinion upon the
construction of the statute, or that the decision amounted
to a declaration that the omission of such a preliminary
proceeding on a bill found by the grand jury, and which
was correct in all other respects, would for that reason
only be a void indictment. That case, therefore, would
not bind the Court, and this rule must be discharged.

" The rock is well known, and had the pilot kept in the channel
the accident would not have occurred."

WILLIAMS V. THE QUEEN.

Mr. C. EDWARDS made an application for a rule to
show cause why the judgment given in this case for the
Crown should not be arrested. The now plaintiff in
error had been tried and convicted upon an indictment
charging him with having stolen a horse, a saddle, and
bridle, and he was therefore sentenced to be transported
for fifteen years. lie submitted that neither the indict.
ment nor the conviction would support the sentence. It
was not alleged by the indictment that the prisoner had
committed an offence " against the form of the statute."
Looking, therefore, at the indictment, no one one could
say that the offence was other than one at common law;
there might, therefore, be a conviction for stealing any
one of the three articles, which might amount only to a
larceny, and then the prisoner would not be subject to so
large a punishment.
Lord DEsmax stated the opinion of the Court to be,
that this was an offence at common law—that the punish-
ment alone was altered by the statute, which it was not
necessary to allega.—Judgment for the Crown.

BAIL COURT, May 3.
TUE QUEEN v. MEYER.
The defendant in this case had been committed for
trial on a charge of having violently assaulted his bro-
ther-in-law, but under circumstances of great provoca
Lion, by Mr. Twyford, one of the magistrates at the
Bow-street Police-court. On the day after the de-
fendant's commitment Mr. Clarkson applied to this
Court, and obtained a writ of habeas corpus to bring up
the body of the defendant—a writ of certiorari to remove
the depositions taken against the defendant into this
Court—and also a rule calling upon the prosecutor to
show cause why the defendant should not be discharg.d
rrom custody, on his entering into such recognizances as
the Court might direct, after having before it the whole
facts of the case. Yesterday the defendant was brought
up under the writ of habeas, when
Mr. BALLANTINE, who appealed on the part of the
proskTution, said he bail no OpFsitiOn to make to the
parties whom the (101211:Wit hat proposed us his bail.
The re quired re cognizaLces were then entered into,
and the defendant was discharged from custody.

IMPORTANT TO SOLICITORS.

ention,and
Mr. CeoMPTON said he had been in tructed by the
solicitor to the Commissioners of Stamps and Taxes to
apply to his lordship fosrtriale4uterttil-eshio.ossi'lsc,a,u,sheuswetmaiel
nutt
rei.be
waosn?imputed by the re,rty by whom
to whom not the
tbeic :—Tne gent lemon
siatititg,,o.har
sttieeisiyto
tisihi
ii(:ect
(1,,1,c,1151(5i lit,
he was in,truct.d. The cit:cuinstances which wive rise
the County Palatine
Court of Lancaster, having previously served his itloa tied i)ee, anpapdl imeai
tttioe(iii
awne rae
t.
attorney of
of
clerk-
ship under articles which bore a stamp of 60/. only, that
being all that was necessary to entitle him to admission
to practise in that court. He had since been anxious to
be admitted to practise in the superior courts, and to
enable him to do so, had paid an additional sum of 604,
making in the whole the amount required on the articles
of clerkship of parties seeking such admission; the ques-
tion, however, was as to the right construction of the
Siamp Act, and whether that act did not require that,
12. in order to enable him to be
admitted of
notwithstanding he had already paid 601., he must now
P
a)tiiewhole sum of 0/
an attorney the supvrior courts at West-
minster, and the present application was made in order
to obtain the opinion of. the Court as to the construction
of the statute. Mr. Justice Coleridge granted a rule to
show cause.

ARCHES' COC Ri; May 3.
SUSPENSION OF A CLERGYMAN FOR THREE YEARS.
nAotinti
cheedn
s sittingete
sentence
thisein Court, Sir H. J. Fust pro•
the case of ." The office of the
Judge promoted by Towers v. the Rev. Mr. Hurst."
The Learned JUDGE said it was a proceeding against
the Rev. John Hurst, the rector of Feniton, in the dio-
cesebasritTienl::s la theng defendant with adultery, in-
uage, &c. The Court would
n
of Chichester, and instituted by the Rural Dean,
charging,en te e
not go into a detail of the grossly hid( cent conduct of
the reverend gentleman. It would avoid referring at
length to the charge The first charge was that of adul-
tery with Mrs. Dolman, the wife of a labourer in the
employ of the Rev. Mr. Hurst. It appeared from her
evidence that her husband was committed, on a charge
of stealing, to Lewes Gaol, for awo or three months—
that she was left destitute with her children—that the
defendant, taking advantage of her state, visited her at
her cottage, and induced her to commit the crime of adul-
tery. The woman in this fir,t charge came forward and
a. owed lit r own shame; and it was clear, too, there was a
feeling of animosity on her part, the rev. gentleman having
subsequently put in a distress for rent. The husband of
Mes.Dohnan also came forward as a witness, but it did not
appear that he had connived at his wife's guilt. If the
evidence upon this part of the case could not be im-
peached, there was not a doubt but the Rev. Gentleman
had been guilty of adultery with Mrs. Dolman. She de-
posed to receiving presents of money, &c., from the Rev.
Mr. Hurst, " in order to induce her to '()ire way to his
desires." Then there was the charge of adulterous con-'
nexion with his servants. Mrs. Hurst slept apart, and it
was proved that he would leave his bedroom at. night
and go to the servants' room, and sleep with two pf them
in one bed. This was sworn to by the youngest servant,
who slept in a bed in the same room. She had sworn
that he attempted to get into bed with her ; that be used
coercion, but that she resisted, anti then he went and got
into the other bed where her two fellow-servants were.
The credit of this witness had been impeached, as she
had remained in the service of the Rev. Mr. Hurst for
fourteen weeks afterwards, but the Net appeared to be
that she would have had no home to go to if she had left
immediately, as the Rev.Gentkman had threatened to turn
her father and mother out of the cottage they occupied
if she went. This witness did tell Mrs. Horst of the
conduct of the husband in attempting to get into her bed.
She said she could not help it. If there was not any
truth in the charge of adultery committed, as alleged,
by the Rev. Mr. Hurst with the two servants, why did
he not call them to disprove the charge? Mr. Hurst had
not called a single witness as to fits general conduct.
There was ample proof of adultery, incontinency, and
indecent language to other females ; indeed of such
gross immorality as must, if fully proved, tend t) bring
scandal upon the church, and which called imperatively
upon the Court to administer the law to check such
c-,nduct.
The COURT had no doubt that the Rev. Mr. Hurst had
been guilty of nearly all the heinous conduct imputed
to him. The Court had the power of deprivation. Of
that there was now no gnestion. If incontinence would
lead to deprivation the comtnission of adultery ought to
do so. The parishioners of the parish left the church
in consequence of the conduct of Mr. Hurst, and since
he was inhibited from-doing duty it appears they had
returned. This showed the feelings of the parish upon
the subject. Looking to the decisions in former cases
the Court thought that though this was not a case in
which deprivation should be declared, still it was one in
which a suspension for three years should be pro-
nounced. The Court was anxious to give the rev. gen-
Osman time for reformation, so that he might return to
his parish; and recollecting that no further charge had
been made against him during the period he had been
suspended front doing duty in the church (about seven
months already) the Couat would direct the suspension
for three years, and the payment of all the costs of the
suit.

Mr. John Charles Ridgway, who was convicted in
the October sessions of the Central Criminal Court in 1843, in
opposition to the charge of the Learned Judge (Baron Maule), who
tried the cause, received her Majesty's tree pardon, and was dis-
charged out of custody on Tuesday last, after a full investigation of
the merits of his cue by the Secretary of State.

A disagreeable-looking fellow, named Thomas Aynew,
in the employ of Mr. Pearce, a painter in Ironmonger-
lane, was charged with having committed the following
outrage upon her Majesty's subjects.
On Friday afternoon the prisoner was painting the
fronts of some houses in Alderman's-row, Old Broad-
street, when a pot which contained paint, and which was
standing on the pavement, was partly upset by two fe-
males who were passing along. The prisoner instantly
caught it up, and, without the slightest ceremony, threw
the contents of it indiscriminately about ; the result of
which was, that portions of the paint went upon an in•
fant's face, a little boy had his clothes completely
spoiled by the paint, and a gentleman had his attire
nearly sharing the same fate. Instead of apologising
be displayed the coolest impudence when he was given
into custody.
The prisoner said it was the women's fault ; if it had
not been for them he should not have thrown the paint.
Mr. Alderman HUMPHERY—What business had you
to throW it about at'all? You might have blinded skveral
persons with your malicious attack. You are a very bad
fellow, and for this assault I fine you 51., or three months'
imprisonment.
CLERKEIV WELL.

Fisher Lloyd, a young man of gentlemanly manners
and exterior, was charged by Mr. Thomas Reyes, gold
and silversmith, of No. 137, Goswell-street. on suspicion
of having been concerned in breaking and entering his
premises, and stealing articles of plate, &c., to the
amount of upwards of 300/. Mr. Robinson attended on
the part of the prisoner, and another solicitor for the
prosecution.
The prosecutor stated that on Friday night last ho
left his house, 137, Goswell-street, and proceeded to his
residence in Barnsbury-park, Islirgton. Previous to
having Goswell-street he carefully barricaded and
locked up the house for the security of valuable plate
and other property therein. On the following morning
he received information that his house in Goswell-street
had been entered and plu Idered by thieves. He pro-
ceeded thither, and found' that the thieves had cut a
panel out of a door at the back part of the house, suffi-
cient to admit a man's body. The house had been
stripped of valuable property, consisting of articles of
silver, plate, gold &e. ; and the front shop-window was
stripped of silver tea-pots , trays, and other articles for
show.

Mr. GREENWOOD inquired whether he knew anything
of the prisoner ? Prosecutor said he knew nothing of
him.

Mr. Robinson (surprisod): What., not know him? Has
not the prisoner called at your house with another party?
—The. prosecutor admitted that the prisoner had called
upLa

Mr. Robinson: Ay, wasit not with Mrs. Elliott, to ask
you to sign a petition to the Secretary of State for a
commutation of her husband's sentence of transportation?
—Prosecutor admitted this to be the fact. He called
with Mrs. Elliott a month ago. He only saw Mrs.
Elliott two or three times.

Mr. Robinson: Pray, sir, did you not propose to Mrs.
Elliott to get the jury list?—Prosecutor: I did not.
Mr. Robinson said that Elliott some time ago was
tried at Oxford, for a Bank coach robbery, he (Mr. Ro-
bin3on) went professionally to Oxford, on the part of
Elliott in May last, and a judge admitted him to bail; he
was subsequently acquitted. He was afterwards tried at
Newgate, convicted, and sentenced to transportation, and
after this the prisoner called on the prosecutor and had
dealings with him.
In answer to questions, the prosecutor said he did not
know that Elliott was tried at Oxfcrd for a Bank coach
robbery. He was a married man—had been at Elliott's
house, and Elliott at his. He used to come and sell
gold and silver. Did not know he was a tobacconist.
Had sold Mrs. Elliott a gold chain after her huband's
conviction.

-Mr. Robinson—Will you swear that Elliott did not
visit your house when he was out on bail in August? Pro-
secutor—He did not. I did not then know his name. He
had only two dealings with him. Never bought watches
of him since August. Only one. He had bought watch
cases.

By Mr. Robinson—Made no entry in his books ; was
not careful with his books. Had not destroyed any
books since Elliott's conviction. Gave 60s. an ounce for
gold watch-cases.
Mr. GREENWOOD asked if there was any evidence to
produce to warrant his detention of the prisoner? as yet
there was nothing against him. Mr. Robinson—l can
show that the pi osecutor is a regular purchaser of these
men.

-7-S.dicitor for the prosecution—l can produce evidence
to show the prisoner's character.
Mr. GREENWOOD—I haire no right to hear it. Is
thi?re any evidence to show that the prisoner has been
dealing with the property, or that he is in any wey con-
cerned in the robbery ? 'Sergeant Archer, G—l re-
ceived him in my charge; I have not heard any evidence
to produce.
Mr. GREENWOOD—There may be something behind
this case which I know nothing of. There is no evi-
dence against the prisoner, and I bhsll discharge him.
The prisoner was then discharged, and he left the
court with his solicitor end friends.
LAMBETH. •

On Saturday, Mary Brown, alias Davis, alias Eliza-
beth Orde, a well-dressed female, was placed at the bar
bt•iure the Hon. G. C. Norton, and charged with carrying
on a wholesale system of shoplifting
From the evidence adduced, it appeared that the pri-
soner had been in the habit of calling at the shop of
Mr. Mathews, a pawnbroker, in the Princes-road, Lam-
beth, to purchase trifling articles ; and on several occa-
sions when she had been there articles of property had
been missed. This circumstance determined the shop-
man to watch her narrowly the next time she called, and
on Friday morning she managed to secrete a number of
articles upon her person.
Upon • being given into custody she refused to give her
address, but the constable who apprehended her, dter
much ditl.lulty, succeeded in finding out her lodging in
Vauxhall street, Lambeth. On searching her apart•
ments a vast quantity of property, consisting of linen-
drapery, new shoes, dresses, and, in fact, goods of almost
every description was found there, as well as a con-
siderable sum of money.
The constable stated he had no doubt, whatever, from
the variety and description of the articles, that they
were the produce of different robberies, and that the
prisoner carried on a wholesale system of plunder.
The prisoner, who could give no account of the pro-
perty, was remanded to Thursday next.
Richard Alexander, a potman at the Rosemary Branch
Tavern and race-ground, Peckham, was charged with
stealing from 4/. to 51 in silver, the property of his
master.

Mr. Smith, the proprietor of the Rosemary Branch
Tavern, deposed that on the night before, between ten
and eleven o'clock, a bag containing from 61. to 7/. in
silver had been taken from the bar, and could not be
found. Some time after, the prisoner brought back the
bag quite wet, and about 203. in silver in it, and said he
had found it amongst some counter-cloths which he had
removed from the counter. He was asked to account for
the other moneys in the bag, but declared it was in the
same state he -had found it., and also said he had no
money about him. On being searched, however, a sove-
reign was found in his pocket which he said had been
given to him by his wife, but this the wife positively
denied.

Mr. NORTON thought the probabilities were, that the
prisoner had procured gold for the silver.
Mr. Smith observed he had plenty of opportunities to
do that, as the house was filled with company, and a
number of gentlemen were present to make entries of
horses for the forthcoming races in his ground, so that
he would have no difficulty in getting gold for the silver;
but, besides this, he had left the premises for some time.
The prisoner was remanded.

COMMISSION •)F LUNACY.
EXTRAORDINARY DELUSION.
On Saturday- a commission de lunatic° inquirendo was
opened at the Sheriff's Court, Red Lion-square, before
Mr. Commissioner Barlow, and a jury of fifteen free-
holders of the county of Middlesex, to inquire into the
state of mind of Mr. James Leopard, baker, late of Dock-
head, Bermondsey, now an inmate of Grove-hill Lunatic
Asylum. The commission was sued out at the instance
of the lunatic's wife. It appeared that the unfortunate
lunatic, previous to the year 1843, had suffered consider-
able losses in ti o.de, through which his mind became
affected, and his friends found it necessary to place him
under surveillance. In the first stage of tne disease it
bordered more upon a melancholy character, be fancying
that he was very poor, and that ull his money was bad.
At a subsequent period, the disease became more appa-
rent, it baying changed from melancholy to the most ex.
travagant fancies and delusions respecting his property,
'
which he imagined was immense, and that he intended
to make a railroad round the globe, by which means he
would derive great interest for his money. He at times
fancied himself a king, and that he had one hundred
queens and wives, some black and some white, with a
great number of children ; but the most extraordinary
delusion he laboured under was a wish to destroy Lou-
don, which he fancied was his property. During the
inquiry he was brought into court, and seated in a chair
close to the Commissioner, who asked him several ques-
tions, but he answered in the most incoherent manner ;
and upon being sueitioned as to the amount of money
he had in the Bank, he said he had 100 black coats, 100
buttons, two queens, and lots of wives ; two steamers
and a great number of children. The jury, on hearing
this, expressed themselves satisfied as to bis insanity,
and instantly returned a verdict to that effect, fixing the
date. of the disease from August, 1843.

OXFORD UNIVERSITY BOAT RACES.—The banks
of the his were on Wednesday evening crowded with spectators to
witness the second race. The boats, fifteen in number, again
started, and throughout the nice the greatest interest was excited
by the friends of the different crews as to the result. The race be-
tween the two first boats, the Christchurch and Brasenose, was a
splemlid one to the Gut ; at this point the latter drew on their op.
ponents, and gained considerably, but on crossing from the East
Willow to Saunders's Bridge the Christchurch put on a spurt, ank
was soon two boats' length in advance. The Brasenose went
steadily to work, and before arriving at the Chewell gallantly suc-
ceeded in bumping the Christchurch, thus lodging them from the
proud position of being at the head of the river. The Trinity also
bumped the Wadham near the Chewell ; the latter rowed in one of
the new boats, built after the manner of the Newcastle boats. St.
John's, with very little difficulty, bumped the Exeter near the Free
Water Stone ; the other boats remain in their former places.
PROCLAMATIONS OF OUTLAWRY.—On Thursday, in
the Sheriffs' Court, Red Lion-square, it being county court day
proclamation was made in the usual manner, by Mr. Hemp, the
sheriffs' officer, before Mr. Under-sheriff Burchell, and the follow-
ing were declared outlaws, at the suit of their several creditors :
Robert Montgomery Martin, Alexander Farquhar Mortimer, Percy
Drummond, at four several suits ; Charles Coghian, Crewe Read,
Thomas Elisha Braineil, James Duthie, Sir Charles Edward Gray,
Bart., Patrick Leonard O'Reilly, Richard Gray, Charles' White,
Henry Whittaker, and the Rev. Geo. Bridges Lee Warner ;clerk).
It is a curious paradox that when a man lies he
almost Invariably stands to ik—Great Gun.