The Sun.
London, England, 1842-02-07 00:00:00

SPIRIT of the PUBLIC JOURNALS,

FROM THE DAILY PAPERS OF SATURDAY.
GLOBE.—The Bar, and other persons assembled
at the Criminal 'Court, were on Thursday evening
considerably surprised, on the Grand Jury .entering
the Court with the bills with which they had closed
their duties, to hear the Clerk of the Arraigns an-
nounce that among them was " a true bill against
Alexander Baring, now Lord Ashburton, Francis Bar-
ing, and Humfrey Mildmay, for conspiracy." It is un-
derstood that the indictment charges the defendants
with a conspiracy to bribe certain members of
the Legislature of Mexico to pass a Bill to prevent fo-
reigners from holding land within that State ; and
that the motive which induced the defendants thus
to interpose, was •to deprive ,the prosecutor, one
Samuel Moore, of the advantages of a contract en-
tered into between him and the defendants. The
Recorder intimated—and we concur in the opinion
he expressed—that the Court had no jurisdiction
We are far from assuming that there exists any;
the slightest, tenable grounds for this indictment,
thus preferred. The previous high and perfectly un-
sullied reputation of the parties, charged, will preserve
them in the estimation of all acquainted with their
character, individually and collectively, from any
injury to their fair fame by this charge. We
know the facilities afforded by the law to the
vindictiveness a revengeful natures, which, foiled
in their attempts to accomplish favourite ob-
jects by supposed or actual, but perfectly jus-
tifiable interposition, or hoping to extort from
fear what they have failed to obtain by entreaty, go
before a Grand Jury with a Bill alleging some high
misdemeanor, supply the prima facie testimony on
which the grand jurors, strangers to the character,
ignorant of the motives of prosecutor, and altogether
unacquainted with the circumstances of the case, ex-
cept so far as they are revealed by the technical ver-
bosity of an indictment, the dimensions of which
are frequently expressed in "yards," return a " true
bill." The testimony is ex pink, taken in a chamber
hermetically sealed against intruders - and, without
the necessity of the parties charged being aware of
even the movement against them—the bill is returned
in Court as "found." Malignity is thus gratified, or
cupidity supplied with materials with which to
carry out its corrupt designs—supposing the pro-
secutor to be actuated by malicious or base de-
signs against the person or the purse of the party he
seeks to implicate. In the former case, without
moving an another step, and without rendering him-
self responsible to any criminal jurisdiction for the
perjuries by which he has imposed on the Grand
Jury, whom the law binds by an oath of secrecy as to
what passes before them in their chamber, the injury
is inflicted on the reputation and feelings of the inno-
cent. The party may be tificen into custody on a
Bench-warrant, founded on an indictment thus ob-
tained—be kept in confinement twenty-four hours,
in order to afford time for the prosecutor to in-
quire into the validity of the sureties tendered by
the defendant in compliance with the terms of bail im-
posed by the Couit, and interminably longer, if he be
unable to procure such sureties. And when he has
done all this, and is prepared, at great expense and
with much anxiety, to repel the charge under the in-
jurious effects of which he may have suffered for
months—the indictment is never brought down for
trial, nor the prosecutor.ever afterwards so mach as
heard of The wretch has gratified his malevolence
to the extent to which he dared to proceed, or he has
failed to effect his purpose by extorting money to drop
the prosecution.
S LAND Alt.D.---The interval since the termination
of the second Session of 1841 has been employe" by
the journals of the Whig-Radical party in complaints
of Sir Robert Peel's want of feeling for the public dis-
tress, in allowing a day to pass without proposing
sme legislative remedy ; during the months of October
and November, indea,d, sueh complaints excluded
almost every other topic froni the columns of the
journals in question. The Premier was, however,
obstinate in preparing carefully his plan of cure
or palliation, before presenting it, and fixed the
meeting of Parliament for the usual time. Parlia-
ment has at length assembled—the Ministerial plan
is luioun_:ed as mature aml ready, and the
Vtrhig-Radicals in Parliament prove the sincerity
of their so lately expressed impatience by soliciting
a delay of the time in which it shall be considered
some or them even seek to obstruct that consi-
deration by introducing °am- sul)jects. Meanwhile
Mlnisters lose no time in .bringing forward such
auxiliary measures for the benefit of the labouri

clafses -as_ they can bring forward.

Witness t:

two most important Bills introduced with universal
approbation by Lord Stanley last night. The terms
applied by Sir Robert Peel to the subject of his
proposed plans in commerce and finance have
furnished the Opposition journals with occasion of
much speculation—speculation which we imagine
proceeds upon erroneous grounds. The Right Hon-
ourable Baronet spoke of the awful subjects to which

he must direct the attention of wParliament

and awful subjects an einbarrased tsommerce anc:

deficient revenue mist be always esteemed ; but

does not follow that either is necessarily to be me
by an awful remedy, and it is to the expected remedy
that the Opposition journals appropriate the term,
It may be, and we think it is, an unwise policy on
the part of any Governmeut to involve its designs in
needless mystery. Generally speaking, the people
are cheated out of their right deliberately to canvass
all measures proposed for their government, when
the Legislature is called upon, as in the case of the
Reform Bill, to adopt, ex tempore, an unexpected
law. Measures. of finance and measures other-

wise affecting commerce, however, present ai

excepted case—. With respect to them, any pre-
vious notification must furnish a temptation to
ruinous gambling, and the less perfect and authentic
the notification the greater the extent of the mis-

chief, because the greater the uncertainty. Would
the forms of our free Constitution permit, it would
be desirable that the proposition of such measures

should be simultaneous- with their rejection or adop•
tion ; but this cannot be the case while we call our•

selves freemen. The strict secrecy with which the
Ministerial plan has been guarded is proof of the care
of the Government ; and the obvious motive for it

must surely satisfy all, that no slight was intended to

any class gy the Omission to consult it.
COURIER.—We read, in " Caesar's Commen

taxies," that the Nervii, when defeated in battle,
were accustomed to stand upon the bodies of their
slaughtered brethren, in order to hurl their darts with

greater precision into the ranks of the enemy. We
should imagine that the partisans of the late Govern-
ment have taken a lesson from the wild warriors of
ancient times, for they avail themselves of each fresh
loss of political existence which occurs among their
friends to vent their bitterness against their political
oyponents. Instead of marching with reversed arms, and
4rooping colours, they raise the shout of defiance, and
leave the dead to shift for themselves. Thus, when
the amiable Lord llowick was defeated in Nor-
thurnberland, and the poetical Lord Morpeth ex-
perienced
the same fate in Yorkshire, the sufferings
of these two patriots who
" Left their counties for their countries good,"
were totally overlooked, in the anxiety of their
quondam allies to turn their defeats to some account,
by urging upon the disciples of free trade the neces-
sity of vigorous and. decisive measures to coun-
teract the selfishness of the landed aristo-

cracy, and the v love vof class legislation, whicl
had driven from their strongholds two suet
wholesale legislators as the above-mentioned noble-

men. And now, when poor Lord Morpeth has expe-
rienced a second sad defeat at Dublin, instead of shed-

ding tears of sympathy for his melancholy fate, and
sweetening the bitter draught by some drops of affec-
tion, they profit by his misfortunes to attack the pre-
sent Government with increased violence. To them
-the loss of the election is an evidence, not that the
sun of Whig glory. has set—not that ;the nation is
unanimously convinced that the specifics and nos-
trums of the former Administration were wholly des-
titute of virtue, fit only for quacks and charlatans—
but an evidence that the franchise must be imme-

diately extended, and the conduct of Lord de Grey in
permitting one of his household to appear in the
streets while the election was proceeding, and in in-
viting Mr. Gregory to dinner, be made a subject of
Parliamentary inquiry : that on the whole their tem-
porary defeat (for they promise themselves to turn
out Mr. Gregory on petition) is rather a source of

congratulation than Condolence -as' it will ensure the
future unity'of their "party, and lead to systems of or-
ganization which must
,hereafter be attended with

success,

LAW INTELLIGENCE.
COURT OF EXCHEQUER, Fel►. 5.

This. was a DRISDOW V. NEEDHAM.
action brought for the recovery of the
sum of 25;o007,
Mr. WurrE.Rumßoney lent by plaintiff to the defendant.
in this case. ;reopened the pleadings for the plain-
tiffin Norfolk,
was a gentleman of for-
tune, residing
,fmarried to a sister of the de-
fendant, who was a son
will
late Earl of Kilmorey, an
Irish Peer: Under the wo of the Earl, his son, the pre-
sent defendant, was vested in a life interest in a sum of
25,0001, .of which the intitr
appointed executor.
The 'defendant, who was a Colownasel in the army, becom-
ing embarrassed in his circumstances,l raised a loan of
Colonel
Com-
-10,0001 from the Legal and Clericac
altogether
rNeviiitihtintthlee,
1:
further sums from
Com-
pany, and some
r. Allcock, and others, amounting alt
interest, to 22,000/. The defendant beim.. a' •
ni
ixous to
pay off these debts for which lie had given a mortgage
on certain houses, his property, in Jermyn-street, applied
to the plaintiff' for permission to sell out the stock of
of which he was the executor, for the purpose of enabling
him to liquidate the claims of his creditors. The plain-
tiff at first refused to grant this request, but at length
acceded to it; on _condition of receiving a mortgage on
liies-An r,operty of the plaintiff, to guarantee him from the
r_
ii:iility imposed upon him asi the executor of the
stock..
The accordingly sell out
‘,2,6Pliintiff
ti,ool allowed the defendant
a similar per • __,. worth of stock ; but would not grant
Mtaabn f
de-
fendant theren - - or the remaining 3,0001. The de-
po refused to
ii
grant the mortgage wh:ch I

he had promised, and the plaintiff, in consequence,
brought the present action to recover the amount of the
money lent.
Mr. BRAMWELL contended, for the defendant, that the
plaintiff was not entitled to a verdict ; first, because the
amount of the debt varied from the amount claimed in
and, secondly, because the plaintiff
either paying the money r delivering
hadthe specification
optionificati of either
up the mortgage.
Lord ABINGER overruled the objection's. The defend-
ant had refused to deliver up the mortgage, and the
plaintiff was entitled to claim the money lent.
A verdict was then found for the plaintiff for the
sum of 22,3001., less a sum of 7501., the amount of a set-
off claimed on another action.

CENTRAL CRIMINAL COURT.
OLD COURT.
Mr. Justice WILLIAMS summed up, and the Jury found a
verdict of Not Guilty.
Charles Streeter, aged 52, and William Hodsell, 30, were
indicted for stealing, on the 17th of January last, 11ilb. weight
of beef, the property of Henry Pitt, their master. Mr. Doane
appeared for the prisoner Hodsell, and Mr. Payne for Streeter.
It appeared from the evidence, that both the prisoners were
employed in the service of the prosecutor, who was a butcher ;
that being sent out with a cart full of meat on the dat in ques-
tion, the prosecutor followed, and •bserved the cart stop at
Streeter's house. He went up and asked Hodsell what he was
stopping for ; the prisoner made no reply, and went on with the
cart. Streeter soon after came out of the house with a bundle
in his hand, which on being opened proved to contain a piece of
beef, which the prosecutor identified as his property. Prose-
cutor then asked the prisoner, Streeter, where he got it, and he
replied that he had it from Hodsell, to whom the prosecutor
stated he had given it a day or two previous for the purpose of
being salted.

The Learned Counsel severally addressed the Jury on behalf
of their clients, and witnesses were called to character.

Mr. Justice bRESSWELL summed up, and
The Jury, after a shirt deliberation, Acquitted both the
prisoners.

POLICE INTELLIGENCE.
QUEEN-SQUARE.

Augustus Leech, formerly a turnkey at the Peniten-
tiary, Milbank, and latterly deputy-governor of the
House of Correction at Salop, was placed at the bar,
charged with horsewhipping the Rev. Dr. Nihil, Chap-
lain and Governor of the Penitentiary, Millbank.
The Rev. Dr. Nihil stated, that about two that day he
was passing up Milibank-street, when, on a sudden, the
prisoner came up to him and commenced horsewhipping
him very violently with a riding-whip. After striking
him several times, he said he would walk with him be-
fore a Magistrate, and at once came to this office.
Mr. GREGORIE asked how it was that any ill feeling
()Marred between defendant and complainant 2—Dr.
Nihil said that the prisoner laboured under an opinion
that he had done him an injury, and at the very time he
was horsewhipping him swore that he had ruined him.
me. GREGORIE inquired what connexions had existed
between them ?
Dr. Nihil replied, that defendant had acted as warden
of the Penitentiary until the end of the year 1839, when
he was discharged by order of the committee, in conse-
quence of his (Dr. Nihil) having reported to them th.at
defendant had, contrary to the regulations of the establish-
ment, applied for a situation at Coldbath-fields prison,
whilst absolutely holding one at the Penitentiary.
Two gentlemen who were passing by proved having
witnessed the assault.
Mr. GREGORIE called upon defendant to answer the
charge.
Defendant having implored the Magistrate to give him
a patient hearing and administer even-handed justice,
stated that he had acted as warden in the Penitentiary from
March 1835, to the 30th December 1839, partly under the
former governor and partly under the present governor,
the rev. complainant. In the latter dart of 1839, being
anxious to better his condition, he applied for the situa-
tion of turnkey at Coldbath-fields prison, and was placed
un the list of candidates. All men were anxious to im-
prove their condition in life, and this was a feeling from
which the' rev. gentleman did not seem exempt, for
whilst holding one situation he applied for another, and
succeeded in adding 5001. per annum torhis income. For
the offence of applying at Coldbath-fields he was taken
before a Committee of two by the rev. complainant and
discharge 1. lle obtained, it was true, subsequently a
situation at Coldbath-fields as sub-turnkey, which was
inferior in station as well as emolument to what he was
looking for, owing; to the interference of the rev. com-
plainant.al;ltinst him.
Dr. Nihil here interrupted the accused by stating that
the interference he used was with Colonel Chesterton in

his-favour.
Defendant continued—After stopping some months at
Coldbath-fields, he resigned, but subsequently obtained,
through the recommendation of Colonel Chesterton, the
situation of Deputy-Governor and taskmaster of the
Salop county gaol, where he went on comfortably, .until
eeeling from the altered conduct of the Governor towards
him, that some communication had been made by Dr.
Nihil to his prejudice, he determined to resign, and
having done so, he asked the Governor, Mr. Dawson,
whether he had not received a letter. from-Dr. Nihil re-
specting him. The Governor, who appeared much sur-
prised at the question, replied that he had, and added
that the rev. gentleman had spoken very indifferently
of him.
Mr. Nihil begged to explain this matter. He had, he
said, received a letter in the latter part of last year from
the Governor of the gaol of Shrewsbury, inclosing a
pamphlet, which he said had been written by defen-
dant, and asking several questions rezpecling him ; to
that letter he replied he had reason to believe that de-
fendant had strong prejudices against him in consequence
of sonic imagined injury, and he therefore begged to de-
cline answering the questions put to him. Had he (Dr.
Nihil) spoken ever so badly of defendant, his conduct
would have justified him in so doing.
Defendant, with some warmth, observed that having

his prospects in life ruined by the cruelty of the rev.
gentleman towards him, he thought himself warranted
in taking the course he had done.
Mr. G REGOttIE said that even supposing the rev.
gentleman had been instrumental in his losing his situa-
tion, which no one could imagine, he would not be jus-
tified in committing this gross and aggravated assault.
Defendant was then ordered to find bail to answer the
charge at the sessions.
CLERKENWELL.

William WlAng, the young man charged with carry.
ing of a volume of Garrick's collection of Old Plays,
was again placed at the bar on Saturday evening. Sir
Henry Ellis, and several other gentlemen were in at-
tendance for the prosecution, and theyrisoner's employers
and many other highly respectable individuals were pre-
sent to speak on his behalf.
Mr. GREENWOOD (to the prisoner)--Have you any
further explanation to give? Prisoner—Not any.
Mr. GREENWOOD—HOW long have you been under
articles to Messrs. Wright, Waterman, and Egan? Pri-
soner—Two years.
____

Mr. GnExiiwooD—What we're you before you en-
tered the service of those gentlemen ? Prisoner—l was
at school in the establishment of Dr. Lord, of Tooting.
Mr. Wright, one of the prisoner's employers, Mr.
Whiting, the uncle of the accused, who has the manage-
ment of the business of Ferrers, Esq., one of the
Masters in Chancery, Mr. Tasser, an attorney, Mr.
Charles Butterfield, and many other gentlemen, were
then called and examined for the defence. They seve-
rally spoke of him as a young man of studious habits,
moral rectitude, and strict integrity, and they could
conscientiously assert that he would not knowingly do
an act prejudicial to himself or to society.
Some of the witnesses stated that they knew of the
accused receiving the introduction to the reading rooms
of the Museum, and he expressed his delight in having
that opportunity of amusing and improving his mind.
lie told them that the order would enable him to convey
books from the Museum to his own lodgings, and that
to him was an infinite pleasure, as it would make him
keep at home at night, and be not only a saving to his
pocket, but a protection to his health. lie was congra-
tulated by all whom he so addressed, and doubly so on
Friday, when he produced to them the valuable work
which he now was accused of purloining, and which
some of them were admiring with him when the messen-
ger took him into custody.
At the conclusion of the examination of the several
witnesses,

Mr. GREENWOOD asked Sir 11. Ellis if he had any observa-
tion to make? Sir Henry—The story told by the ac-
cused, in the first instance, has been so fully corroborated
by gentleman of the first respectability, that it gives me
pleasure to exonerate biro from any felonious intention.
Mr. GREENWOOD (to the prisoner)—lt was very pro-
per that you were brought here, and I am happy to say
that, after an inquiry carried out to the fullest extent,
w e can arrive at no other conclusion than that your in-
tention was not to commit a felony. You have been
guilty of a grave and grievous irregularity in taking the
bopk, which Sir Henry Ellis says could not be replaced
for 200/: You might have kept it carelessly on your
desk, and some one, while cleaning out the Chambers,
might have taken it up and flung it on the fire. thinking
it nothing better than lumber. I did hope to be able to
punish you under the Police Act, for having it unlaw-
fully in your possession, but as I have some doubts in
reference to that law—at least in respect to your case—
I shall discharge you. Let the present occurence guard
you from wrong as long as you live.
The prisoner and his friends having expressed them-
sAves in terms of heartfelt gratitude, then bowed and
retired. _ _

WOOLWICH.
Three dashing young gentlemen were placed in The
dock, charged with committing a robbery at the Bell
Tavern, Bell Water-gate, Woolwich. The case excited
the greatest interest, from the nature of the evidence ad-
duced. The prisoners' names were Lees, hurry, and
Thompson ; the latter had lost his hat, which was not to
be found. A police constable of the L division (31),
being sworn, deposed that he was standing at the door of
the house in question, when he went up stairs to look
for a brother constable, who, he thought, was in the
house. On the landing-place he saw a door on the left
open, and he looked in, but discovered it was a bed-room.
Lees, one of the prisoners, looked in, and Thompson was
there, and another, not in custody. Thinking something
suspicious, he went down and informed the landlord,
and he remained below ; in a few minutes after he
heard the cry of " Thieves," and a scuffle. Lees
came down and hastily left the house. He fol-
lowed hiM about two hundred yards,. when he . saw
him join Hurry. He then called some brother con-
stables, and took them into custody. On searching them
at the station-house Thompson had a silver watch, and
a door key, penknife, some sovereigns, and -silver. He
told the sum in the purse before he opened it. On Lees
was found a gold watch, gold guard, penknife, three
sovereigns, &c. On Hurry a watch, guard, two sove-
reigns and a half, some silver, &c. He had seen them
previously together in a road leading to Woolwich-
common. Did not see Hurry near the house in question.
Mr. GROVE could not, see what business the constable
had to take them. They all had watches, and wore them
in the fashionable style round their necks. They had
not, with the exception of Thompson, been seen near the
house.

Mr. Burch, the landlord, wished to be heard, and
stated that on the police constable informing him of the
circumstance, he went up stairs, and saw the prisoner,
Thompson, coming out of his bed-room. He called out
"Murder ! thieves !" He then saw another run out.
He found his bed-room had been ransacked, the, bed and
and bedding taken off the bedstead. Under the mattrass
he had some silver spoons concealed, which he bought
about thirty-five years ago from Mr. Webber, a silver-
smith, of Powis-street. They had been removed from
there. The lock of the door had been picked, and he
had not time to see what he had lost. There was a bag
with a quantity of silver, three watches gone, &c. He
distinctly heard something heavy fall by the side of
Thompson, when he was running down stairs.
Mr. George Sutherland stated he was in the house at
the time, when he heard a cry of "Murder," &c. He
saw Thompson run down without a hat, and he then
saw the spoons fall from his person, and he held him fast
till taken into custody by a police constable. Did not see
the other prisoners there. .
William Romayne, a police constable, deposed to tak-
ing the prisoner, who said nothing but that he had made
a mistake in the room. Lees had come down and gone
away; another constable followed him.

Benjamin Portman said he heard something fall. He
ran up stairs, when he met Thompson, who gave him a
violent blow on the nose.

The constable 31 L said, if they were remanded, no
doubt, from their description, which answered exactly, he
could prove plenty of similar cases against them. He
had seen them often in bad company, thieves, &c., and
watched them during the day.
Mr. GROVE-It is a very clear case against Thompson,
but the others he saw no pretence for taking into cus-
tody, nor had the officer any right to do so; they might
be the associates of pickpockets, but that was no reason,
as they were not near the house in question. Hurry
was discharged. _ _ _

Mr. Hurr—y then said he was a farmer residing in
Sudbury; he came to town for a few weeks, and took
lodgings in Montague-place, Russell-square; his father
was a County Magistrate, living in Suffolk, and he could
bring the most respectable witnesses as to his character;
he came down to tee the review, and not' one of the
others did he know.

Mr. GROVE expressed regret that he should have su
fered such treatment.

Mr. Hurry said, when taken he was dragged into a
house where the handcuffs were put on him, and then
brought through the town like a felon; he should cer-
tainly look into such a serious matter.
Lees then stated he was a jeweller, and resided at No.
6, Sarah Ann-place, Brand-row, Kent-road, and had a
house at 181. per year. His watch was a Geneva one,
number 243 (which was not the case) ; and he also
stated that there was no name (while there was), which
he had had six years, but never minutely examined it.
Mr. GROVE remarked he had had his watch ten years,
and neither knew maker's name nor number.

The Officer said it answered the description of one
stolen, and which appeared in the Hue and Cry: could
he not detain him?

Mr. GROVE—On your own responsibility ; I shall not
order it. Lees must enter into his own recognizances of
50/. to appear when called upon to do so. As to the pri-
soner Thompson, he is committed for trial.

•
Mr. Cohen, a respectable gentleman of the town, was
also dragged through the town by the police, on the pre-
tence that he was in company with the last named pri-
soner. Several most respectable inhabitants, surprised,
followed him to the station-house, and there convinced
the sergeant it was not possible he could do such a thing,
and he was liberated ; of course the gentleman felt
keenly such an outrage being committed upon him.