The Sun.
London, England, 1845-11-17 00:00:00

that some Act of Parliament should be passed, giving power
to carry the Act out. All I contend for here is, that she
was legally taken—that all the circumstances and requisites
of the treaty were performed. What should be done with
them ? There is no doubt of that at all. But it isnot for those
taken to say, while in custody, the place of custody does
not belong to the person taking into custody, and,
under that, make violent efforts to escape. As to
the instructions, they certainly accord with the
treaty, and with the Act of Parliament after 1830. Let
an
us look at it as a case of piracy independently. Here
officer of her Majesty is in possession of a ship by her
master's submission. The men on board conspire to com-
mit piracy, and in committing that act kill an English-
; man. It is laid down by Lord Coke that piracy against
England, or an English vessel, or that of an alien, is punish-
able. The case may go further. Piracy is a crime with all
nations on the waves over which the jurisdiction
of
no
the
Admiraltyw Court extends. This vessel and the
jolly-boat were floating, and on board of that vessel the
crew conspire to commit piracy, to which Surkera objects,
and commits murder—are they to be justified ? The counsel
quoted the case of the King v. Sawyer, to show that stopping
short of land on the high seas on board of a vessel in posses-
sion of one of her Majesty's officers, parties are answerable
for their crimes. To take up the narrowest point, it is con-
tended that being in custody in an illegal place, then that
in cool blood murder may be concocted and perpetrated
against the custodiers. It is but necessary to state the
objection to see the monstrosity of it; and no authorities had
been quoted in support of it. Take the case any way we may,
I think I have made out that murder has been committed.
Mr„ Sergeant MANNING rose to reply. He was amazed
that his Learned Friend should contend that the Queen can
legally come into possession by a wrongful act. It is said
the Sovereign can do no wrong, but- these acts,
though done by officers in her Majesty's service,
being their acts, and not the acts of the Crown,
and being wrong, can vest nothing in the Crown
whatever. The Echo was not taken by a British vessel, for
by treaty the Felicidade was not the property of England
and Brazil till sold, when she might be purchased by either.
The Echo was, in fact, taken by the Felicidade, notwithstanding
that the captors left by the English jolly-boat to go on board.
The lieutenant left the Felicidade to go on board the Echo,
but she in being hailed, sheered off, and was not taken
till the following night. She was not taken
by Lieutenant Stupart, but by another person sent by him,
whereas the treaty compels the taking by a lieutenant in
uniform. The Learned Sergeant held there were no instruc-
tions on board the Wasp, and if there had been, they would
not have availed. There were no instructions if
those on board were bad. Now the treaty requires
that instructions be put on board inhibiting the
detention of Brazdian vessels by British officers, unless
with slaves on board. But instructions were put on board
to the effect that they should detain on suspicion of being
concerned in the slave trade.
The Learned eIIIEF BARON—The objection taken was that
there were no instructions on board of the Felicidade. The
Learned Chief Baron understood from Mr. Godson that these
Portuguese treaties of 1826 ended in 1830. By the treaty
with Portugal the slave-trade was only partially put an end
to. By the treaty with Brazil it was declared piracy.
The Learned SERGEANT here read from Bth and 9th Victoria
to show that the mixed Commissions at Rio Janeiro, and Sierra
Leone, ending on the 12th March, 1845, were extended by
mutual agreement of both Governments for six months
longer. As to the Felicidade, there is no pretext for confound-
ing the provisions of the sth Geo. IV. with those of
the treaty of 1836. The words of the treaty are
—the carrying on of the slave trade, under which terms he
submitted the present offence could not be brought. He bad
no intention to differ from the dicta quoted on Homicide.

One of their Lordships remarked-that was nothing as to
the place where the case was to be tried.
The Learned SERGEANT argued that the Felicidade
was not the property of the English Government. It has been
suggested that there was a locqs penitentiEe, but that there
was no evidence of any desistance from the purpose ; but the
Learned Sergeant suggested that the locus penitentiEe did
not end till the slaves were on board.
Mr. COLLIER said, under no circumstance is a person
subject to the laws of a country who has not, by some
act, complied with them. This proposition has not
been shaken. He would not say more of the distinc-
tion as to prisoners of war. It has never been decided
in any case that any person on board an English vessel is
therefore subject to English laws. It is claimed on the other
side to extend the jurisdiction of England over the high
seas to the exclusion of other nations. This can never be done.
Surkera's submission was to superior force, and gives no
jurisdiction ; he threw his arms overboard when he surren-
dered. It is not shown that the jolly-boat from which the
Echo was taken was the jolly-boat of the
Felicidade. The capture, under the circumstances,
was illegal. The boat was on board the Felicidade. Any
English captain might evade the treaty by sendinea boat's crew
to any number he pleased on board English merchantmen ; thus
giving them a legality to capture; that is, if the capture
be in this case thought lawful. As to the instructions,
those pointed out in the treaty of 1826 are by the treaty with
Brazil that if these instructions are not changed, they should
remain in force fifteen years after the slave trade was
abolished, and these ending only on 13th March,
1845; and this case occurring in February, the instructions
of 1826 were at the time in force. Again, it must be proved
that if a captain unlawfully detain a seaman, and he kill, the
case is murder. He quoted to the effect that it would not
be murder.
Mr. COLLIER having now concluded, the Court rose at a
qaarter to four o'clock.
The Court will sit again on the same cause at two o'clock
on Saturday next.

POLICE INTELLIGENCE.

MANSION-HOUSE.

On Saturday Mr. John George Behrendo, of Wood-street-
buildings, Consul for the free city of Frankfort, accom-
panied by his solicitor, Mr. Finch, of the firm of Finch and
Shepheard, Old Jewry, appeared before the Lord Mayor, for
"the purpose of bringing under his Lordship's notice a com-
munication which he had just received from his Government
relative to certain fraudulent transactions of very great ex-
tent and enormity.
The communication was to the following effect :—Two
Englishmen, of the names of Henry King and George Neale,
at least representing themselves to be so named, dwelt for
some time at Weisbaden, near Frankfort, and established
for themselves, by the exercise of skilful address and
high apparent respectability, considerable credit in
the latter town. At length, by ingenious management,
they succeeded in obtaining in Frankfort, from various
jewellers and other shopkeepers, a large quantity of dif-
ferent sorts of goods, chiefly consisting of jewellery, diamonds,
pearls, &c. This property, together with some foreign bank
notes, which they contrived to get into their hands, proved
to be worth about 20,0001. A few days after they obtained
possession of the valuable mass, they suddenly disappeared,
taking with them bag and baggage. The precipitate departure
of the two partners in inquity, under such circumstances, con-
stituted what was considered, according to the laws of Frank-
fort, to be a "fraudulent bankruptcy," although unfortunately
for the ends of justice and those'concerned in the vindication of
the law by the punishment of desperate criminals, the vali-
dity of that law was not recognised in English courts of
justice, and the authorities of Frankfort issued a request to all
the continental Governments to arrest the parties, and seize
all or any of the property described which might be found in
their keeping. Notice was also given to the British represen-
tative at Frankfort, who promised to inform the English Go-
vernment, in order that they might assist in procuring for
the plundered the restoration of their property, if the offence
which had been perpetrated did not come within the limits
of British authority, so far as to sanction the interference of
the police in apprehending the delinquents should they be
found in England.
The LORD MAYOR was of opinion that immediate infor-
mation should be given to the police force, and he was con-
vinced that the press would most willingly lend its co-ope-
ration in such a case. The police of this country, when sent
to any part of the Continent, uniformly received the most
ready and important assistance from the foreign authorities,
from the highest to the lowest, and no doubt reciprocal aid
would be rendered, particularly in a case involving so serious
an amount of property.
Mr. Finch said the details of the whole of the property
which had been thus fraudulently procured had been handed
to the police, and the plundered parties had promised, through
the department of police at Frankfort, a reward of 25,000
francs for the restiution of the whole amount, and a
proportionate sum for any part of it. King, who is believed
to be a Jew, is between fifty and sixty years of age, of short
stature, sallow complexion, and pointed nose, has a short
mck, and takes short steps in walking. Neale is between
twenty-six and thirty years old, and rather tall, has very
black thick hair, a large tongue, and fresh complexion, and
generally appears to be heated.
The LORD MAYOR—I am convinced that the most public
and satisfactory statement of the fraudulent transactions will
be made, and I hope the sufferers will receive some benefit
from the exposure, to which I moat heartily give my consent.
The consul and his solicitor then withdrew, after having
thanked his Lordship, on the part of the High Senate ofFrank-
fort, for his very prompt and anxious attention to their
request.
RAILWAY ROMANCING.—A gentleman of the name of
Baylis, who resides in St. Paul's churchyard, appeared
at the table, and said the Lord Mayor would very
much oblige him by informing him whether the authority of
a magistrate extended to cases in which the conduct of cer-
tain individuals who were connected with railroads was such
as to leave an imputation of a serious kind upon the motives
by which they were influenced ?
The Lorin MAYOR said his interference would entirely de-
pend upon the particular circumstances of the complaint.
Mr. Baylis stated that having seen an advertisement in the
newspapers announcing a railroad called " The Brighton and
Cheltenham Direct Railway," he made a written application
for shares, which was answered by an anotment. In the
allotment letter he was informed that he was to pay into a
banking-house the sum of 2L 2s. per share ; that he was then
to receive a receipt, and that, upon signing the deed he
should be put in possession of the scrip. He had complied
with all the forms, according to the written directions, but
when he had signed the deed, and thus made himself respon-
sible as a shareholder in the concern, instead of the scrip a
sort of acknowledgment that he had performed the necessary
ratification was put into his hands, and he was informed that
on a future day the scrip would be ready for delivery. As
he was anxious that the Company should perform their part
of the duty prescribed to all, he called again and again for
the promised scrip, but all his attempts proved unavailing.
At last he was given to understand that on the preceding
day the managers had determined to proceed no farther in
the business, and the speculation was to be abandoned. He
thus remained in statu quo, without the money he had paid
upon the shares, amounting to 634 without the scrip, and
merely holding the bit of paper acknowledging that he had
signed the deed.
The LORD MAYOR—You would not, I suppose, have signed
the deed, if you did not at once expect to receive the scrip?
Mr. Baylis—Certainly not. I would not have performed any
of the acts required by the letter of allotment if I had sup-
posed there would have been any delay.
The LORD MAYOR—It would have been an awkward thing
if you had sold the shares at a premium, and been obliged to
deliver them—Mr. Baylis raid he did not speculate upon a
premium in applying for the shares, and that lie merely
wished to have them, or the money he had paid as the deposit.
The LORD MAYOR, after consulting with Mr. Goodman, the
chief clerk, said be could not see how he could render any
assistance in such a case.

Mr. Baylis observed that he thought the interference of a
magistrate might be sanctioned by the circumstances, as the
proceedings appeared to him to have all the essentials of the
offence of obtaining money under false pretences.
The LORD MAYOR said, that the false pretences, in order
to constitute an offence in law, must apply to an existing
fact; but if in this case there were any false pretences, it
referred to a future fact, if he might use the language. He
thought that a court of law, or the Court of Chancery, would
be the place in which reparation could be obtained. The
alternative was a disagreeable one, and there would be, by
and by, in all probability, abundant cases for the occupation
of the time of the lawyers, as well as the inferior functionaries
of the profession. Perhaps the complaint just made would
tend to an adjustment, especially as there were very respect-
able names in this list of managers.
Mr. Baylis expressed his apprehension that there existed
no chance of restitution, but expressed his thankfulness to
the Lord Mayor, who added to the information already given
to Mr. Baylis, the comfortable intelligence, that having