The Sun.
London, England, 1842-03-28 00:00:00

a very crowded Court. The defendant, said to be bro-
ther-in-law to Mr. Dempster Heming, formerly candi-
date for the northern division of Warwickshire, was in-
dicted for sending a challenge to Mr. Henry Power, so-
licitor, of Atherstone, and afterwards publishing and
circulating a libellous placard, w ith the intention to
commit a breach of the peace.
Mr. DANIELL (with whom was Mr. Mellor and Mr.
Macaulay), in stating the case to the Jury, regretted
that it was one of the most painful description. The
simple question they had to try was, whether or not
the defendant had been guilty.Of sending the challenge
complained of, and afterwards publishing. the libel
which was the subject of the present indictment.
In the discharge of his duty he should, however,
be obliged to allude ~to the circumstances under
which the offence was committed. The prosecutor
was a highly respectable attorney, residing at Ather-
stone ; but who the defendant was he need scarcely say,
after the occurrence of recent circumstances in an ad-
joining county, which were the subject of considerable
curiosity and inquiry amongst the.-gentry of Warwick-
shire. He (the defendant) had, however, requested them
to form a judgment of 'his conduct, and upon that the
Jury would have to decide. In October, 1839, Mr. and
Mr 3. PoWer, in company with Mr. Roberts, the late vicar
of Wetherley, and his lady, visited Ramsgate, and there
became acquainted with the defendant Alleyne and a lady
who was stated to be his sister. They appeared to be
persons of great respectability, and moving in a high
state of society, An intimacy took place between the
parties, and after an intimacy of twe months, Alleyne and
his sister paid a visit to Wetherley. The young lady was
shortly afterwards married to Mr. Dempster Homing,
of Caldecote-hall, and the defendant, her reputed bro-
ther, resided with them. Occurrences afterwards took
place which led it to be currently reported that he and
Mrs. Heming were not brother and sister, but in fact
man and wife. The defendant charged the prosecutor
with being a party to this report, and authorised a Mr.
Graham, a solicitor, of London, to wait upon him to ob-
tain satisfaction. The following is a copy of the letter
delivered by Mr. Graham to Mr. Power :
_ _ _

" Caldecote, Nov. 25.

" Sir,—Having ascertained that you have uttered a
foul, malignant slander against me, I require you to give
me satisfaction ; and my friend, who delivers this, will
make the necessary arrangements on my behalf.
" I am, &c., " H. L. ALLEYNE."
Mr. Power denied having uttered the slander with which
he was charged ; but, considering the menace held out
in the above letter, he refused to give a written denial.
The consequence was, that the next day a placard, of
which the following is a copy, and its publication admit-
ted, was circulated in Atherstone and its neighbourhood :
" Caldecote, Nov. 25.
" My character having been traduced during my resi-
dence here, by an odious and malignant slander, which
has been most industriously circulated in this neighbour-
hood, and having for a long time most unsuccessfully
sought to trace the source from which it emanated, I
have recently ascertained that Mr. Henry Power, attor-
ney at law, of Atherstone, is the person who uttered the
fuul calumny, ' that it had been ascertained beyond
doubt that Mrs. Dempster Heming and myself were not
brother and sister, but man and wile; upon which I lost
no time in requesting a friend to require tram Mr. Power
immediate satisfaction for the base lie, which he has
refused to give me, and being thus unable to obtain any
redress I now denounce Mr. Henry Power to be a slan-
derer, a liar, and a coward. " H. L. ALLEYNE."
The Learned Counsel said he knew not what the result
might be as regarded the domestic relations of Mr. D.
Homing and his family ; but the prosecutor, who acted
under the advice of friends, could take no other step than
that which he had adopted on the present occasion. He
placed his case in the hand of Mr. Baxter, a profes-
sional gentleman of Atherstone, and, with the sanction
and approbation of Mr. Bracebiidge and the Rev. S.
Homing, that gentleman wrote to Mr. Dempster Heming
the following letter : _

" Atherstone, Dec. 11,_ 1841

"My dear Sir,—Mr. Power, having placed himself in
my bands professionally, with reference to the steps lately
taken by Mr. Alleyne, in challenging and posting him in
consequence of alleged reports reflecting on Mrs. Demp-
ster Reining and Mr. Alley no, I think it right, before I
take any proceedings, first to ascertain whether all
matters connected with these unpleasant affairs
cannot be amicably settled by reference to mutual friends.
If Mr. Power has unintentionally or unguardedly said
anything reflecting on the conduct of Mrs. Dempster
Ileming and Mr. Alleyne, he is willing, and always would
have been willing, if called upon, to make the most ample
reparation which one gentleman can require from
another. Should you entertain the same views as my-
self, I shall feel great pleasure. in naming a friend on
Mr. l'ower's part, and receiving ono on yours, whose
decision and orders all parties shall duly carry out.
" Yours faithfully,
"Dempster Herring, Esq. " S. S. BAXTER."

On the same day the following reply was received by
Mr. Baxter :

" Caldecote-hall, Dec. 11, 1841.

"My dear Sir,— I have received your letter of the
11 th instant, and will send you an answer as soon as
Mr. Alleyne returns from London.
" Yours very truly,
" D. HEMING.

" To S. S. Baxter, Esq.,
.Atherstone."
It appeared that Mr. Hernirig-muld do nothing without
Alleyne, and unfortunately he was led, under his advice,
to answer Mr. Baxter's conciliatory letter in the follow-
ing terms : ? _ _

" Caldecote- ball, Dec. 15, 1841.
" My dear Sir,—l have laid your letter of the 11th
before Mr. Alleyne, who has given me no authority, in-
asmuch as it concerns him; and, as far as it may relate
to myself, I cannot consent to submit the atrocious ca-
lumnies uttered by Mr. Power against my wife to any
private reference.—Your's truly,
" S. S. Baxter, Atherstone. " D. HEMING."
Mr. Daniell concluded by stating that he should lay the
facts of the case before the Jury, and there could be no
hesitation in declaring that a verdict of guilty must pass
against the defendant.
Mr. Power was then put into the witness-box, and de-
pased to the facts stated in Mr. Daniell's opening.
On cross-examination, he admitted that he and Mrs.
Power had paid Mr. and Mrs. Heming a visit shortly
after their marriage, and that the visit had never been
returned.

Mr. Burgess, a printer from Hinckley, deposed to the
libellous placard having been written by Alleyne, with
the sanction of Mr. Feat ahead and Mr. Jarvis, two soli-
citors, who were present at the time it was concocted.
Mr. Sergeant GOULBUR!!! (with whom was Mr. Hill)
designated the prosecution as malignant on the part of
Mr. Power and declared, were he allowed to do so, he
could prove that the imputations, with respect to Alleyne
and his sister, were scandalous falsehoods.

The Learned JUDGE directed the Jury to find the
defendant guilty, but intimated that he should defer
passing sentence, in order to allow Alleyne the oppor-
tunity of contradicting the statements made with regard
to himself and his connexion with Mrs. Dempster Heming.
Verdict—Guilty. Sentence deferred.

HEARTLESS CASE OF HOCEISS-
ING AND. ROBBERY.
CAUTION TO YOUNG FEMALES.--011, Tuesday last
Jane Mills, a young woman, 19 years of age, whose
father had served for many years in the Royal Artillery,
for which he now enjoys a pension, and at present re-
sides at 5, Jackson's-lane, Woolwich-cominon, came to
town to look for a situation, and having called upon one
or two friends, and leaving her address at the shops of
various tradesmen, with a view of getting a place, was
about to return home to her father's, between eight and
nine o'clock in the evening. While passing along King
William-street, towards London-bridge, she was accosted
by a middle-aged woman, of respectable appearance, who
asked her the way to Aldgate. Mills replied she did not
know, that she was a stranger to London, and that she
had merely come to town that day to look for a
situation, and that, being unsuccessful in her efforts, was
returning to her parents, at Woolwich. The female
upon this remarked that, as she would have to come to
town on the following day, to follow up her object in
getting a situation, it would be much more advisable to
remain ; and, as she had a comfortable home,.she would
be happy, under the circumstances, to accommodate her
with a bed for the night, anda.moreover, would assist her
in looking for a place the next day. The yoUng woman,
supposing her to be a respectable person, foolishly corn-
plied with the stranger's request, and having asked an-
other person her way to Aldgate, they proceeded
together in that direction. In proceeding along Fen-
church-street, the elder female prevailed on the younger
to go to the Grapes public-house, where they had two
quarterns of r, in, of which the latter drank two glasses,
and from tha?time until seven o'clock on the following
morning-, she was perfectly unconscious of what had
happened to her, and no doubt can exist but that some
powerful drug had been administered to her. At six
o'clock on the following morning, while Serjeant Barker
II 11, and police constable Sullivan II 80, were going
their rounds, their attention was directed to a privy, in a
filthy court off Essex-street, Whitechapel, by a man who
said he had endeavoured to get in-but could not, and on
going to it and forcing the door open, they found the
young woman Mills as naked as when she was born, and
in a state of insensibility. Serjeant Barker humanely took
off his great coat, and having wrapped it round her,
had her at once removed to the police station-house in
Spital-square, and put to bed in his serjeant's private
apartments upstairs. Restoratives were administered by
Mrs. Barker, and in a short time the young woman
began to recover her recollection, and entreated those
about her to tell her where she was. She was soon
enabled to tell who and what, she was, and what had
happened as above related, but did not recollect anything
that took place after being in the public-house in Fen-
church-street. Sergeant Barker communicated with her
friends, who sent her the necessary articles of clothing,
and on Thursday being sufficiently recovered, she was
taken home by her father. The articles of which she
had been robbed, as well as a few shillings in menu,
were worth from 41. to 51, and the police are active in
their efforts to apprehend the heartless wretch by whom
she has been so grossly deedved and stripped.

The British Museum re-opens on to-day, and will
continue open all the week until Friday, inclusive, from
ten o'clock until four. The National Gallery at Trafal-
gar-square, Charing-cross, will be open each day till
Thursday, from ten till six o'clock.
THE NEW TERRACE IN PICCADILLY.—The Board
of Works, we hear, have agreed" to make the projected
improvements on the south side of Piccadilly. We allude
to the widening of the public road, twenty feet, from
Hyde Park corner, to the ground opposite Devonshire
House, and erecting a terrace along the whole line. The
ground to be taken from the Green Park. There is one
condition annexed, namely, that the parish should keep
the whole in repair. The two lodges, i. e., the one
where the late ranger's lodge stood, and the other, oppo-,
site the basin, are to be removed instanter. The keeper
of the latter goes to the Albert•gate, at Knightsbridge.