The Sun.
London, England, 1842-01-21 00:00:00

THE SUN, LONDON, FRIDAY, JANUARY 21, 1842.

set forth that he, the said 'Barnard- Cavanagh Was
committed as a rogue and vagabond within the
meaning of the Statute of George IV., fbr that he, the
said Bernard Cavanagh, had gone about to levy chari-
table contributions under false pretences. Now, he sub-
mitted that the prisoner had committed no offence within
the meaning of the Act of Parliament. Cavanagh had
gone to exhibit himself as an object of public curiosity.
He had not gone about from door to door, seek-
ing to levy charitable contributions. He had not
gone about at all ; he had taken a room in an
hotel at Reading, and issued placards stating -that.; he
could abstain from food for five years, and of all those
who went to see "him and paid their sixpence 'for so
doing not one could venture to swear diet he had paid'
his money from Motives of charity. It might be per-
fectly true that he had been guilty of deception, but
that did not bring him within the meaning of the
Vagrant Act..- They might if they had chosen ba-ve

indicted him as a cheat, and then he would have
been put upon his defence, and would have
been treed to negative the pretence. If this
commitment was good, because he had pretended
to do that which he did not do, and that those who had
paid money to see him, were to be taken to give him

money from motives of charity, there was no knowing to
what the principle might lead. There was a gentleman
some time since exhibited himself at the Adelphi as a
man who could permit himself to be shot at with a real
gun, really loaded,without injury. This, of course,was phy-
sically impossible, and it might be as well contended that the
prices of admission to see him were charitable contribu-
tions. NO one would be safe. Mr. Macready advertised
that on a certain night he would appear as Macbeth. It
was well known, of course, that he was not really Mac-
beth ; and it might be as well contended that lie had
levied charitable contributions, under false pre-
tences, by taking money at the doors of his
theatre; as that Cavanagh had done so. The money
paid by the persons who came to see Cavanagh were no
more charitable contributions than the money paid at
the pit door of the Opera. The persons who had. paid
their money had had their quid pro quo—they had paid
to see the man who professed he could abstain from
food for five years, and they had seen him. Accord-
ing to the Act, solicitation is necessary to constitute
the gist of the offence. Now, in this case there had
been no sort of solicitation, nor anything done to excite
feelings of charity. It might as well be pretended that
a person pretending he had the power to repeal a parti-
cular Act of Parliament, it being. well known that no
single individual could possess such power, and who, iv.
der pretence of procuring such repeal, should levy con-
tributions, was levying contributions within the
meaning of the Act.• It was utterly absurd to put
any such construction upon the words of the Act:
The opinion of.. Lord Tenterden, reported in 7 Bame-
well and Cresswell, p. 669, was decided on the point
that every committal in execution should distiuctly show
the nature of the offence. In De Gronberi case, in
Lord Raymond's Reports, it was distinctly laid down,
that " the cause of commitment must be certain, to the
end that the party may know why he suffered, and how
he may regain his liberty." And it was but rea-
sonable it should be so. The Sessions might not
take place for three months, the man would have suffered

his Punishment before his appeal could be heard, and it
was a great hardship upon persons in the prisoner's
situation that the conviction was never drawn up until
after the grounds of appeal were known, and then the
Magistrates generally had it drawn up by some profes-
sional person in town, with a view specially to meet the
grounds of the appeal. If persons thus situated were not
entitled to their habeas corpus, it would amount
to a practical abrogation of the Habeas Corpus
Act. Suppose the commitment had set forth that
lie had been committed for wearing a brown coat,
or for eating without a silver fork. If the Court were
to refuse a habeas corpus, the man would have no remedy.
He therefore contended, that inasmuch as there could be
no pretence for saying that the prisoner had gone about
collecting alms or charitable contributions within the
meaning a the Act, and inasmuch as the commitment
did not sho‘.. that any sufficient offence bad been com-
mitted, the (A.mmitment was bad upon the face of it ;
and that therefore the rule must be made absolute.

Mr. Justice WILLIAMS did not feel himself called upon
to adjudicate finally in this case, inasmuch as if the writ
were to go the matter would again be solemnly argued
on the return to it. Now, on the authority of the case,
the King v. Brown, it appeared clearly that the Court
would and did look in cases of summary conviction of
this nature, to see if the offence as set forth was
sufficient to warrant the committal. In that case
Brown had been commited as a rogue and vaga-
bond, because he had in possession various
implements for housebreaking. He was brought up by

hafteas, and it was argued that the comtnitiinent was
bad, inasmuch as it did not state that Brown was in pos-
session of those instruments at the time of his appre-
hension. In giving judgment in this case, Lord Kenyon
had said that he yielded with great reluctance to the ob-
jection, and that was quite sufficient to show that it
was not sufficient for commitments of this nature,
to set forth that the party had been committed
as a rogue and vagabond, for if that had been suf-
ficient, Brown would not have been discharged.
and as it scented exceedingly equivocal and doubtful
whether the conduct of Cavanagh could be construed
into a going about to gather alms or collect charitable
'contributions, he was of opinion that the writ must go.

Rule absolute. . 7
CRIMINAL INFORMATION AGAINST THE " HAMPSHIRE

INDEPENDENT."—THE QUEEN V—HARMER.
The ATTORNEY-GENERAL moved, on behalf of Mr.
Dickson, the Mayor of Southampton, for a rule,
calling upon the defendant, the proprietor of the
Hampshire Independent • newspaper, to show. cause
why a criminal information should not be filed
Against him for the publication of a 'series of para-
graphs reflecting upon the character, of the applicant,
Mr. Dickson who was of COnservatiye politics, had been
elected Mayor the 9th November, and on . 11 th had
announced a meeting for the purpose of addressing her
Majesty, to congratulate her on the birth of a Prince of
Wales. At that meeting some persons had thought
proper to bring politics under consideration, and
an adjournment had been moved; that motion had been
submitted to the meeting,- by the Mayor as Chairman
and had by him been decided in accordance with what
he believed to be the decision of the majority. That de-
cision had not met with the approbation of the defendant,
who had, week after week, published in his paper a series
of paragraphs, imputing to Mr. Dickson that he
had lent himself to, be. the tool of a party, and
had been actuated . solely by party motives in
coming to the decision to which he had come on the
occasion referred to. On the first occasion he had taken
no notice; of the paragraph, as he considered it merely
an ebulition of disappointment, but the continued attacks
were seriously .affecting his efficiency as a Magistrate,
and, therefore, he applied to this Court for protection.
Mr. Justice WILLIABIS—Take a rule.

The ATTORNEY-GENERAL—I may as well state that
the object of the Mayor in making this application is
merely to restrain this series•of attacks, and to get the
protection of the Court, so as to enable him to exercise
the functions of his office in such a manner as to be be-
neficial to his fellow-citizens.

Mr. Justice WILLIAMS—How far that may be satin
Lctory I cannot say. I hope it may lead to some suds
Lctory result.

INSOLVENT COURT.—THIS DAY
IN THE MATTER OF JOHN RANGELEY.
The insolvent, u hose case had been previously inves•
tigated before the Court, and was reported in ?he Sun
came up again for judgment this morning. Ile was de-
scribed as engineer to the Patent Safety Rotation Corm
patty, and the inventor and patentee of certain improve,
ments in railway locomotion.
The COURT ordered him to be discharged.
• IN RE HICKMAN.
;The insolvent was a jeweller and silversmith, carry-
ing on business under the firm of Hickman and Turner,
It appeared that the insolvent bought the good will
in certain premises and stock in trade from the opposing
creditor, for 750/. which eventually turned out to be a
bad speculation, and having offi..red to rescind the bar-
gain, which was refused by the opposing creditrol+
caused himself to be arrested by a friend, whenlvq filed
his petition, and gave up his property, in order that an
equal dividend might be made amongst the -04.difilu's,-4-t
Discharged.
IN THE MATTER OF JOHN REM) ROBERTS.
The
applied on his insolvent
pported b~ Mr. etition
ta,
oisodnar
otsioi:br, geaeldoi Navy,
d opposed on telm,lvfis)
cer-
tain creditors in Plymouth by Mr. Cooke.
He bad retired from the Navy many years ago on -
104/. annual half-pay, and commenced practising his
profession in Frankfort-street, Plymouth. llis present
liabilities amounted to 1,2001., of which there were out-
standing debts to the amount of 2351., which would be
available to, his creditors. lie also had been entitled t 9,
a reversionary life interest in sonic property il,Chelsea,
after the death of his mother and aunt. In 1837 he was
elected town councillor of Plymouth; the qualification
required for which was 1,0001. above all debts or de-
mands, but since that. time he had:suffered some, severe
losses by a speculation in which he entered into to start
a newspaper in Plymouth.
Mr. Coos. applied to have at least 17/. 4s. a year ap-
propriated to the creditors. - • -
Mr. Commissioner BOWMAN said the sum was so small
as to be totally useless to the body of the creditors, and
as the insolvent, had three children, with his mother and
aunt (the latter of whom-was blind), who sacrificed their
property for him, he could not make any order on the
subject.
Mr.WOODROFFE said there was an " order" presented
to the insolvent-as a mark of respect by the Portuguese
Government, the kones of which were found to be coun-
terfeit—(he supposed the jeweller who made it tricked
the Government)—and there was also a beautiful snuff-
box presented to him by the workmen on the Plymouth
Breakwater, in return for many acts of professional
kindness which he had conferred upon them. These
articles, with same others, had been handed to. Mr. Cafe,
the auctioneer of that ourt, and their ultimate value
was found to be less than 8/.
Mr. COOKE said ho was instructed by the creditors to
state that Mr. Roberts should not be deprived of.testimo-
dais so honourable to him.
Ile was then ordered to be discharged.

MARLBOROUGH-STREET 4
(THIS DAY.)
Henry Smith, . alias 'Godfrey, was brought up for re-
examination on -a charge of haying been found in the
drawing-room of the residence of Mr. Richard Bentley,
of No. 8, New Burlington-street.
Mr. HARDWICK inquired whether there was any proof
of the prisoner having been convicted of felony.
William Horsford, the head constable employed by the
Mendicity Society, stated, :that in Oct. 1826, the pri-
soner was convicted at the Old Bailey of an extensive.
robbery in Bond-street, and sentenced to seven years'
transportation, but which was commuted to five years'
imprisonment on board the hulks. He had previously
been known to the police as a desperate burglar, and

mediately on his liberation returned to-his-evil courses.
Edward Jones, one of the ushers of Marylebone Police
Court, identified the prisoner as having been convicted
at that Court, on the Ist May, 1841, of robbing Ins
ready-furnished lodgings, and sentenced to two months'
imprisonment in, the House of Correction. lie had sub-
sequently been charged with robbing a gentleman's
house in Dorset-silintre, but the evidence was insufficient
to convict him. He was considered to be one of the most
expert and daring thieves that infested the metropolis.
`The MAGISTRATE convicted him under the Police Act,
and sentenced him to three months' imprisonment and
hard labour.

THE MARKETS..---(T HIS DAY.)
COHN EXCHANGE.

The supplies of all grain have been small this week,
and very little business has been transacted. Wheat
hardly maintained last quotations. Barley firm. Oats
were hold •at Monday's prices. Flour very dull.
SMITHFIELD.

The supply was short, with a dull demand for Beef
and Mutton, but Park and Veal sold briskly at the fol-
lowing quotations :—Beasts, 421 ; Sheep, 2,120 ; Pigs,
321 ; Calves, 40. 3s. Bd. to 4s. 10d. ; Mutton,
3s. Bd. to 4,. 10d. ; Veal, 4s. Bd. to 68 • Pork 4s. Bd.
to ss. 6d.

Queen,. was at the Chapel this morning-for the-purpose
of selecting au eligible, elevation whence to take a sketch
of the important ceremony, for a grand historical paint-
ing to, be executed by command of her Majesty'.
From 40 to 50 distinguished visitor's will be admitted
to the Queen's closet; a'position which will command an
excellent view of the ceremony, being just over the plat-
form where the Royal and illustrious party will take their
stations during the performance of the solemn rite.
It is stated that after the christening the public will be
admitted by tickets-. to view the interior of St. George's
Chapel and _St. George's Hall, which will be left, with
reference to the fittings and decorations, in the same state
as on the day and evening of the'ceremony.
Mr. Stacey, of the Ordnance Department in the
Tower, has been occupied for some days past in arrang-
ing the beautiful specimens of arms, .86c., which were
collected by his late Majesty George IV., and also in de-
corating the ante-room leading to the Waterloo Chamber.
The Lord Chamberlain arrived at Windsor this after-
noon by the two o'clock train from town. His Lordship
has been busily engaged during the whole time he has
been at the Castle in inspecting the progress of the ex-
tensive preparations now being made in the private and
state apartments at the Castle, and also in St. George's
Hall, under the superintendence of Mr. Saunders.
Yesterday afternoon messengers were despatched from
the Castle to countermand the attendance Of two cavalry
regiments, which had been ordered to Windsoi- as a por-
tion of the troops which were to have been reviewed in
the Great Park on Thursday next.
Several large vans laden with furniture from Bucking-
ham Palace arrived at the Castle at six o'clock this

evening.

REJOICINGS AT WINDSOR.

Extensive preparations are in progress for a general
illumination throughout the town on the evening of the
christening. Numerous flags, banners, and other appro-
priate devices will be displayed by the inhabitants during
the day, which will be one of universal rejoicing and
festivity.
A grand dinner will take place at 5 o'clock in the
Townhall (the Mayor in the chair), for .which upwards
of 100 tickets have been issued. The stewards, 22, com-
prise several of the Magistrates, Aldermen, and Mem-
bers of the Town Council, and other of the principal in-
habitants.

In order that the humbler classes should be enabled
to rejoice, upon this festive occasion, 1,000 families will
be supplied on the day preceding with meat, bread, tea;
coffee, and ale, in the average proportion to each of 61b.
of meat, 3 half-quartern loaves, 2s. in tea and coffee,
and 6 pints of ale. This expense will be defrayed by the
gracious donation of her I\lajesty of 320/.
The subscriptions of tfie inhabitants, amounting to
nearly 2501. more, will be distributed to the same number
of families in coals, the whole being under the direction
of a Committee appointed at a public meeting of the
inhabitants. The persons who will thus be benefited
amount to upwards of 4,000.
The. supply. of the benevolences of her Majesty is to
be entirely confided to the Royal tradesmen in the town,
viz., four butchers, two bakers, three grocers, and one
breWer. This arrangement (of which her Majesty
doubtlessly knows nothing) has naturally created great
discontent in the minds of other Windsor tradesmen in
the same lines, who consider that, upon a public occasion
of this nature, such favours should be fairly and equally
divided amongst the whole. It is so with the donations
of • coals, paid for out of the town subscriptions, the
several coal-merchants each supplying a portion.
On the Thursday following the christening there will
be a public ball in the Town-hall to celebrate the event.
RalpliNeyille, Esq., MX., the Mayor, Capt. Bulkeley,
Ist Life Guards, and 20 of the most influential inhabit-
ants, officiating as stewards.
On the next evening a grand vocal and instrumental
concert will take place in the Theatre Royal, in aid of
the Building Fund of the Windsor and Eton Literary
and Scientific Institution (patrons, their Royal High-
nesses Prince Albert and the Duke of Callibridge, the
High Steward of the Borough), conducted by 1)r. G. J.
Elvey. Amongst the numerous vocalists engaged are
Miss Rainsforth, Mr. Wilson, Mr. W. Harrison, and Mr.
J. Parry. The orchestra will consist of upwards of 70
performers, comprising the bands of the Royal Horse
Guards and the 72d Highlanders, who will execute the
whole of the music commanded to be played in St.
George's Hall during the banquet on the evening of the
christening, and selected by his Royal Highness Prince
Albert.

A battery will be constructed in the Bachelor's-acre,
upon which will be mounted the ordnance of the Cor-
poration, and Royal salutes will be fired during " the
great, the important day."