The Sun.
London, England, 1842-07-25 00:00:00

THE SUN, LONDON, MONDAY MORNING, JULY 25, 1842.

IMPERIAL. PARLIAM.ENT. .
hOUSE OF LORDS, July 23
Their Lordshit s met to-day shortly after Twelve o'Clock.
The Eatl of SHAFTESBURY, in the absence of the Lord
Chancellor, took his seat on the Woolsack.
MESSAGE FROM THE COMMONS.
A Messape from the House of Comrrons brought up the Irish
Fisheries Bill, the Poor-law Amendment Continuance Bill, and
several pi ivate Bills.
• • POOR-LAW BILL.
On the motion of the Earl of SHAFTESBURY, the Poor-
law Commission Continuance Bill was read a first time, and
orderrd-to be react a second time on Tuesday next. The Lords
to be summoned.
'I he Bills on the table were forwarded a stage"- and their
Lordships, shortly before One o'Clock, adjoui ned till Monday.

ASSIZE INTELLIGENCE.
ROME CIRCUIT.—Lewes, July 22.
The Commission for the county of Sussex was opened
on Thursday, and this day (Friday) the business of the
Assize commenced. There were about thirty prisoners
for trial, but the only serious case was a charge against
a young woman or murdering her illegitimate child,
Lord Abinger, in addressing the Grand Jury, alluded to
this case, and said, that from what he had heard, there
was reason to believe the prisoner was not in her right
mind, but the Grand Jury would not have togointo that
question, and: if they found the facts proved they must
tied a true bill. so that the case might be investigated
befiire a Petty Jury,
CROWN COURT.—Lewes, July 23.
(Before Lord AniN6En.)
ihrriet Arthr6.. aged thirty, a .good-looking young
woman, but who evinced every. indication of insanity in
her appearance, was indicted for the murder of her male
illeg Lim ate child.
When the prisoner was called upon to plead, she looked
nildiv round the Court, and exclaimed " I did not do it."
Lo'rd AI LAGER inquired of the gaoler whether the pri-
soner understood what was said to her ?
The gaoler replied that he did not think she did.
Mr. Turner, the surgeon to the gaol, was then sworn,
and he stated that the prisoner had been under his charge
for the last two months, and, in his opinion, she was in
a state of insanity, and that she was not in a condition
of mina to take her trial.

The Jury having expressed their opinion that the pri-
soner was insane,
'

Lord ,AnisoEn directed that she should be kept in
sde custody.

CIVIL §IDE.
(Be "ore Mr. Justice COLTMAN and a Special Jury.)

COLLIS 1.1: NEWI'NGTON.

The plaintiff in this case had been appointed assignee
to the estate and effects of an insolvent debtor, named
French; and this action was brought to recover from. the
defendant a stun of 590/. which it was alleged the insol-
vent had paid to him by fraudulent preference over the
other creditors.

The cause involved a question of some importance.
It appeared that, on October, 1840, a person named
French, who carried on the business of a farmer,
at Wadhurst, was in very embarassed circumstances ;
and, in fact, on the very brink of insolvency,
the present plaintiff being one of his creditors;
to a very considerable amount. The defendant was
French's landlord, and he owed him the sum mentioned
in the declaration, and it would appear that a writ was
sued out by him against French, who gave a cognovit
upon which judgment was entered up immediately, and
the whole of French's effkts were swept off to satisfy this
claim, to the exclusion of the other creditors. It was
contended, that French being, at the time he gave the
cognovit, in a state of insolvency, the preference given to
the defendant was a fraudulent one; and that he ought
to refund the . money fur the general benefit of the
creditors.
Mr. Justice COLTMAN said the principal question for
the jury was, a Nether the giving up the property by the
insolvent was ii, voluntary act on his part, or whether it
was dune under the presence of the legal proceedings
adopted by the defendant to recover his debt. If a cre-
ditor, knowing the circumstances of his debtor, adopted
proceedings against, him, and, by that means, obtained
his debt, teen though it might be to the exclusion of the
other creditors, he dfd not think that could be con;idered
as . a fraudulent preference, which must entitle the
assignee to recover the amount so paid. If, on the con•
trary, they considered the giving up his property was the
voluntary act of the insolvent, then it would be their
duty to find for the plaintiff.
The Jury, after a short deliberation, returned a ver-
dict for the defendant.
HARVEY V. HILLMAN AND OTHERS.
This was an action to recover damages for an assault
committed by the defendant upon the plaintiff.
The proceedings out of which this action arose were
connected with the late elections at Brighton and Lewes,
the parties being politically opposed to each other; the
defendant espousing the Conservative interest, and the
plaintiff that of the Liberals. It appeared that on the
10th of May, at the time the Lewes Election petition
was disposed of, Mr. Hillman went into the Star Inn,
Lewes, and on seeing the plaintiff, he put his hand on
his shoulders, and said, " Well, you have got the cat's
paw on you." This led to some altercation, in the
midst of which it was alleged that the plaintiff
was held by Mr. Hillman's son, and fits
brother-iriAaw, while he himself struck him on the face.
The landlord of the Star, who was the principal witness,
said in cross-examination, that before Mr. Hillman came
in, the plaintiff and several other persons were talking
about politics, and that after the cat's paw was men-
tioned, they all snapped their fingers in each other's
faces,pende
ifitei re the purpose,Htaiso s
a
as heid,
est h said,
of showing their inde-
e had told some one that
he thought Mr. Harvey was going 'to strike Mr. Hill-
mann, and that the other two defeniants only interfered
to prevent violence from being committed, and that he
had liken ise said they were a parcel of fools for bring-
ing the action ; and that, instead of giving the lawyers
the money, they had much better spend it at his house
over a good dinner and a bottle of wine.
The Jury, after deliberating for a few minutes, re-
turned a verdict for the defendant.
Whiletthis cause was going on a fracas took place in
the Court between Mr. Collis, the attorney and plaintiff
in a previous cause, and Mr. Barclay. the attorney of
Mr. Newington, the defendant ; and, some offensive ex-
pression having been made use of by the former, Mr.
Barclay struck him in th,! face and made his'nose bleed.
Mr. Collis immediately applied to the Court. The as-
sault was committed directly under the special jury-box,
but, owing to the number of persons who were standing
about, it escaped the observation of the Learned Judge,
and h inquired where the assault took place?
Mr. COLLIE—In the Court, my Lord.
Mr. Justice COLTMAN then asked Mr. Barclay what
explanation he bad to give for committing such an act of
violence in a Court of Justice.
Mr. BARCLAY said he had been provoked to it by Mr.
Collis, who, being exceedingly excited in consequence of
the verdict that had been delivered against him, had in-
stilted him must grossly, and called him
a-- liar. . He
could not restrain his feelings at this unprovoked assault,
and he certainly committed the assault, but he now ex-
pressed his regret fur it, and begged to apologize to his
Lordship for what he had done.
r. Justice COLTMAN said he had certainly received
great provocation, but such an act, in fI Court of Justice,
could not be looked over, and he must for the present be
taken into custody.
Mr: Barclay was then removed frOm the Court in
charge of an officer.

POLICE INTELLIGENCE.
GUILDHALL. .
Shortly after Sir Chapman 'Marshall had taken his
seat on the bench, an old woman, named Fitzgerald,,ap-
peared for the purpose of obtaining . some redress in
consequence of her basket of fruit being seized by the
City Police. Mr. Richard Taylor on Thursday made a
statement to Sir Peter Laurie, in reference to this affair,
which appeared in The Sun, on Friday, and as it ap-
pears, gave great offence to the City Commissioner..l
Mr. Harvey- in consequence went to Guildhall on Satur-
d ty, and said, having seen a foul statement in two of the
d Lily papers, made by Mr. Taylor before Sir Peter
Laurie, he was induced to attend to give a denial to that
statement.
Mr. Alderman COPELAND considered the police had
not done their duty, in not bringing the offender before a
Magistrate, instead of sending the fruit to the Green-yard.
Mr. Harvey said that as Mr. Taylor had made a false
charge against him in the news7apers, he felt called upon
to rebut and deny the statement of that person through
the same channel, and therefore he insisted upon being

(111 r. 1-farvey);in answer, said that Mr. Phillips's re-
quest could not be complied with, and the police could
not interfere unless the parties were given in charge.
As Mr. Phillips continued to press his request, he di-
rected InSpector Martin to go to Holborn-bars and in-
form the women who sat there, that unless they removed
they would be given into custody, but as their goods
were of a perishable nature, two or three days would be
allowed them to get rid of their stock. The females, in
a most commendable manner, did remove from the spot,
and the place was left clear until lately, when the woman
Fitzgerald came and placed herself on the spot. Mr.
Taylor had called at his office, but he (Mr. H.) did not
see him. But, in accordance to the order of April 2,
her fruit was seized and taken to the green•yard. 'The
Woman resisted the order of the police to remove, because
she said she was there by the authority of Mr. Taylor,
and she also had the authority of Sir Peter Laurie. He
was not going to attack either Sir Peter Laurie or Mr.
Taylor, who appeared extremely fond of dealing in a
specious cheap benevolence in favour of suffering
humanity. He had no objection if there were an apple-
woman selling before every door in the City ; but it a
woman were allowed to sit with her basket before the

door of a fruiterer, he did not see why a man might: not
go and set up his stall before a grocer and sell his gro
cery,' or ironmongery before an ironmonger. lie. how-
ever, was obliged to observe, that from the different
Magistrates who sat, and from the various decisions
which they came to, and the mode in which justice was
administered, the police were very often rebuked for
doing their duty. Now, he should like to see sympathy
Acted on ; and when his office was filled with sympa-
thisers, he invariably said to them—" Show it, and open
a subscription for the poor—here is my 55." This re-
mark invariably cleared his office.
Mr. Alderman COPELAND—I shall bring this matter
before the whole Court of Aldermen, and have the duties
of the Commissioner and the Magistrates defined.
Mr. Harvey said he was glad to hear that remark of
the Alderman, All he wished was to be fairly repre-
sented, and he should be most happy to meet the case
in the Court of Common Council, where he had no ob-
. jection to an investigation into his conduct since he had
been Commissioner of the City Police, and he felt satis-
fied that when he came before the Court the discussion
would be founded upon justice.
Sir C. MARSHALL said that no complaint had been
made before him, and therefore he could not enter into
it, but a statement, it appeared, had been made, which
was thought to reflect on the character of the Commis-
sioner; and he considered it was only an act of common
justice to give that gentleman an opportunity to explain.
That had been done, but the result had caused it to as-
sume an importance which was not expected, and there-
fore it would stand over until Mr. Taylor arrived in
town, when a full investigation would follow.

heard.
Sir P. LAURIE here leaned Mr. Alderman Copeland,
who was standing between him and Sir Chapman Mar-
shall, and whispered to the worthy magistrate.
Mr. Harvey—Does Sir Peter Laurie attempt to stop
my proceedings
Sir P. LAURIE—Yes, I do ; on these grounds, that it
is unfair to make a statement in thelabsonce of a person,
Apr the mere purpose of an ex parte one to go before the
public.
Mr. Harvey —You suffered Mr. Taylor to make an
ex parte statement, casting great calumny on my conduct,
and I am' determined! to reply to it now.
Sir I'. 1.4-tunau—You must stop until Mr. Taylor is
present. . . .
Mr. Harvey said the report in the newspapers contain-
ing Mr. Taylor's statement, is a foul calumny on me as
the Commissioner of the police force ; and neither (turn-
ing to Sir Peter Laurie) shall you calumniate me, nor any
other person.
Sir P. LAUME—It is you that calumniate by your
conduct.
Mr. Harvey—Do you mean to stop me ?
Sir P. LAURIE—I do.
loll‘vield.l..lit.l.llT-ez);yo Harvey—lt
to t is you that calumniate ; for you al-
come here and attack me, and you
000
did the same in your judicial capacity, which is most
disgraceful.
Si
I will not, as a
Magistrate
allower any person to
make such an assertion in a public court.
Mr. Harvey—You cannot help yourself, for I have al-
ready made it..
l ij LAURIE
of the city —lslr o
omndnis,sin
f Commissioner,
Sir P. LAuatc—The police have not done their duty,
which is on account of the orders issued by the Com-
missioner, who is
What wholly unfit to hold such
an office.
Mr. Harvey— do you mean by such obser-
vations ? .
Sir PETER LAURIE—I say that •your conduct proves
your inefficiency to fulfil the duties of your office. Look
at the reports of the Court of Common Council on the
system of the police force, and the letters in their pos-
session : that will confirm my assertion.
Mr. Harvey-1 defy you to produce them. The
nol has con fi
Court of Common .i 0. ou rmed every step that I
_,
)1 few days since the Beer fishermen caught a
I have adopted. .. r' t.ic lobster, which they presented to Sir W. T. Pole,
eiean
Sir PETLe. Laurat:—You are afraid to meet them. Nvho has forwarded it as a present to the Rev. Dr. Buck-
Mr. Harvey, turning round to the Alderman—That is land, Professor of Geology at Oxford. The dimensions
false, for lam not afraid to meet them, nor you, any if one of the claws was twelve inches in circumference,
where you like to say. and length of tip of tail, when extended to the extremity
Sir C. MirdsuaLL attempted
to interfere, and con- of claw, thirty-five inches, and weighed ten pounds ten
sidered that the ease had better not be entered into in ounces. The Learned Doctor, in acknowledging its safe
absence t f Sir Peter Laurie, who had retired.
the J arrival, observed it was the finest specimen he had ever
Mr. Harvey said he felt bound to rebut the charges seen, and that after its inlerioi, which would afford
which had been made against him, and he therefore licious repast, had been carefully removed, the stall
attended to-day, in the expectation of meeting Mr. would be placed in the Oxford Museum. Somerset
Taylor, who oil Thursday attended before Sir Peter County Gazette.
Laurie to support the_righ,,t _orf womana of the name
_.
NI ATION AI, Music lIAL---W L.e are happy to learn
of Fitzgerald, whom Mr la, o
yi _ had thought proper
that the suggestions we made in an eatly number of this work,
lo state had . been removed! from Holborn by the that the price of shares should be reduced from ten pounds to
i• uthority of the Chief Commissioner, who a day or five pounds, has been adopted by the Directors, the result of
two before had issued an order to that effect. Now, so which will doubtless be attended with success, inasmuch as it
iar from this being true, the reverse was the case, for will, as we then stated, "enable the less affluent of the profes-
the order to -remac - those • who sat with- -fruit in the fi°n to join in the goodly work, and thus crea,te amore
otatic extended
streets was of. the date- of the 2d of April. On that oc-, interest among musicians of every grade.' -,Prn and
casion he had received a letter from Mr. Phillips, a fruit- Musical Review.
crer residing at Holborn-
bars complainingof t the loss • -
Rear- A.dmiral Gautier, Major-General of Marine,
• iin his.business
which lie sustainet. .by persons being ul.. has been called to Paris, says ••
ti'e nulounais and *. • -
h. Is re..
-16,.;•eti tq sell fruit before .his .door;: anal requesting that P Toulon by i
orted that he, will be replaced at I. de Regcdit;
the. 13-0110 ilibUld be. PiNre#d 0 4.0140Y6 Ilio_parties, le' ..
Chief -CommandinVot Marine la AVM* -• '