The Sun.
London, England, 1829-06-23 00:00:00

INQUEST ON HERMANDINE BOTH.

The remains of this unfortunate young lady were
on Sunday morning discovered off Deptford, and
were carried to Mr. Simpson, the high constable of
Poplar, at which place the surviving si.ters are at
present.

In the evening the ladies visited the corpse, and
identified it as that of their sister; they were so
much affected as to require' the assistance of the
spectators in removing them from the room.
The inquest was held before J. W. UNwiN, Esq.
at the Town-hall. •

The following was the principal evidence :
___....

William Jackson, a fisherman, living in Green-
wich, examined—On Tuesday morning last, about
two o'clock, they hired his boat to row them to
town. They got into it at Crane-stairs. He rowed
them up the river Tor the distance' of about a mile,,
and when they arrived opposite the King's Arms at
Mill-wall, the three ladies at the same time leaped
up, anti jumped into the river.
Juror—Had ycu any conversation with them as
to the fare ? Witnesseyne, Sir; I could not
understand them. •

CORONER—Did you not refuse to take them when
they first asked you ? Witness—l did, as I was
not going to town. I succeeded in getting two of
the ladies out of the water,"and rowed them towards
the Trinity yacht, which refiised to take them on
board, saying they had no accommodation for their
reception. I then brought them on shore at Mill-
wall, and rapped at several public-houses, but they
refused to take them in. The watchman whom L
had met then said to the ladies, " You had better
come with me," and they went away with three-
persons belonging to the Trinity yacht, and I saw MI
more of them.

Juror—How does it happen, they speaking in a
foreign language, you knew that they wanted to
come to town ? Witness—l understood it from a
wherryman whom they had first-applied, to, and
who was acquainted with their tongue. •
Michael Hickey stated that -he -was a sailor on
board the Larkins, at present lying off Deptford.—
On Sunday morning, at about half-past six o'clock,
he was informed by one of his shipmates, then on
deck, that the _body of a female was floating near
their vessel. He immediately went on deck and
flung a rope's-end overboard, Which, fastening round
her arm, enabled him to bawl her aboard a lighter,
from whence she was brought ashore. When she
was discovered she. had all her clothes on; and in-
formation was sent to Simpson, the 'constable at
Poplar, who examined her person in his presence.
Mr. John Dickenson, a solicitor—l knew the de-
ceased, and also her surviving sisters. My first
knowledge of the Misses Both was derived from
newspaper report, which mentioned the melancholy
situation in which they were placed in Whitccross-
street prison. About a month after their liberation
I was informed that they were in the Marshalsea.
waited on them purely from charitable motives, to
offer them my professional services. • I found them
in the most deplorable state, without_even a change
of linen, and in want of the common necessaries of
life. The elder sister was the only one of the three
on whom there was any legal claim, but Adolphine
and Hermandine would not separate their fate from
hers. Through the humanity of the governor, Mr.
Rutland, they were permitted to 'remain together;
and until the 25th of last April, when I succeeded
in obtaining Miss Both's discharge, they did not stir
from their apartment. While in prison they carried
knives about them. On the evening of the day of
their liberation, in the presence of M. Schmidt,
they declared it to be their intention to leave Eng-
land within the three subsequent days, and that
gentleman tendered his services to procure their
passports and facilitate their departure, but this they
obstinately refused, and would permit no other in-
terference but mine. I obtained for theni a passport
at the Hanoverian Embassy, and was at the time
solemnly assured that they were determined to leave
this country. The elder sister was most anxious to
have an interview with his Majesty, but she de-
clined to state why she desired it, as she said she
could not communicate it to any one but his Majesty
in person. I have seen a letter from her to the
King, soliciting the honour of an audience.
Mr. Dickenson, it. reply to several questions put
by the Jurors, said that he had interviews with
Lord Goderich and Count Monster on their affairs.
He was ,empowered by the latter to' provide for
their leaving this country; but having changed
their minds the arrangements for that purpose were
relinquished. The deceased was the youngest sister
of the thiee. He did not perceive any symptoms
of derangement about her. Some money, he un-
derstood, had been transmitted for their use by his
Majesty.

Mr. John Schmidt, translator of languages to the
Committee of Lloyd's Coffee-house, knew Herman-
dine Both before her death, and was personally ac-
quainted with her and her sisters. The two survi-
vors told him, in the presence of a German clergy-
man, that they had all agreed to throw themselves
at the same moment into the river.

Juror—Can you speak as to the state of the de-
ceased's mind ? Witness—l cannot,.
Mr. Schmidt here observed, that might be ima-
gined, from a rumour that had goneiabroad, that he
appeared as the agent of Count• Monster when he
applied in those ladies' favour at the police-office,
and that he must be intimately acquainted with their
calamitous circumstances. This, with the permis-
sion of the Coroner, he would take the, opportunity
of publicly and distinctly denying. He was neither
the agent of Count Munster, nor at all connected
with his embassy.

The Jury asked whether there were any other
witnesses in attendance ?--The constable replied, he
believed not.

A Juror—We have no evidence whatsoever on
which we can find our verdict. The point to be
determined is, whether the deceased was, when she
committed self-destruction, in a sane state of mind.
Though it may be painful to them, I think it neces-
sary that we should have"the testimony of her sur-
viving sisters.
The CORONER coincided in opinion with the Jury.
Mr. Simpson, the constable, accompanied by Mt.
Schmidt, proceeded to their lodgings. After a❑
absence of about twenty minutes they returned ;
and Simpson communicated to the Coroner and
Jury that, on announcing the object of their mission,
both the ladies declared that they would sooner
perish than appear before the Court. They, how-
ever, made a communication in writing, which he
handed in to the Coroner. It was written in French,
enclosed in a blank envelope, and was as follows :

" We acknowledge by our'sinatures that Mademoiselle
Hermandine Both, under the influence of extremely op-
pressive circumstances, has voluntarily sought her death.
(Signed) " CHARLOTTE BOTH:
" ADOLPHINE BOTH.
4‘ Lemon, June 22, 1829."

After some discussion the proceedings were ad-
journed until this day, and summonses issued for
the attendance of Mr. and Mrs. Jannay, Mrs. Wells,
and other persons who were lately acquainted with
the deceased.

His Royal Highness the Duke de CHARTRES,
and suite, arrived at WiLnay's Royal hotel, on Thursday
morning. He was immediately waited upon by EDWARD
TitomrsoN, Esq., the French Vice Consul, who attended
him to view his own and many other principal establish-
ments, in this town and neighbourhood. His Royal High-
ness is expected this morning to proceed or, his route to-
wards the north.—Birniingh-rn, Journal.

EARL FITZWILLIAM.-The publicsympathy
has been strongly excited by a rumour, that since the re-
tut n of this venerable Peer to Wentworth House, his
health had become so much impaired as to render is re-
covery doubtful, and to require t immediate summons of
Lord MILTON, from London. These reports have not
been wholly without foundation, though they have been
exaggerated by public apprehension. • A tumour formed
on his Lordship's shoulder, accompanied by general de-
bility in the system, last week suggested the idea of danger,
but we have the best authority for saying that these
symptoms have subsided, and that his Lordship is now so
far recovered as to take his food with relish, and to walk
about in his garden and grounds as usual.—Leeds Ater.

The second subject which came to be discussed
in the House of Lords last Friday—second in
order of succession, but by far the foremost in
importance—was the relations of this country
with Turkey, Greece, and Russia. The public
feeling has been much excited, not alone by the
magnitude of the conflict between Russia and
the Turks, but by great uncertainty respecting
the manner and extent in which the interests of
England might be affected by its occurrences, or
eves her active interference called for, to avert an
issue disastrous to the repose of Europe. Nothing
could be more satisfactory or desirable for the
country than that Ministers should have felt
themselves justified in throwing some light upon
our prospects in the East. We hardly know
how it has become the fashion to talk about the
treaty of London,—the liberation of Greece,—
and the fulfilment in that point of the obligations.
entered into, by what once was. the triple alliance,
as if they were the first and paramount objects
of attention to Englishmen at the present hour.
Greece has been liberated ; the substance of the
policy professed by all the Courts which signed
the treaty of London has therefore been secured ;
and whether the Greek boundary shall include
the Morea only, or be carried north to the gulfs
of Arta and Vol°, Europe generally, and Eng-
land personally, are not concerned in one-
twentieth part of the degree to which the question
between Russia and Turkey threatens to embar-
rass and disturb them. Lord Holland scarcely
displayed his usual candour in imputing to the
Ministers, and to those who support them, that
they consider " the existence of Turkey in
Europe as necessary to the balance of power."
For ourselves at least, we reject the supposition
of the Noble Lord, put and argued on as it has
been done by him. No thinking man could
wish the balance of power to be maintained by
such an engine as a semi-barbarous monarchy,
if any other means were at hand. Nor, if
Europe were directed by wise, long-sighted,
and harmonieus councils, do we believe that the
Turks need be suffered to occupy a yard of
European territory for even five years more. It
is not the existence of Turkey that is wanted,
but the exclusion of a more formidable military
power from her deserted provinces. The Turks
are not loved, but the Russians are feared !
That is the true feeling (we say not how just)
entertained by the advocates of a balance of
power in Europe. With regard to the execution
of the Greek treaty, if that convention shall be
so construed as to require the territorial limits
contended for by the Greco-Russian party, with
Count Capo d'lstria, the old servant of Rusbia,
at its head, we suspect that Lord Aberdeen was
by no means too discreet in declining " to give
an opinion as to the probable result" of the ef-
forts making to " execute the Treaty" of Lon-
don. Our Government has evidently placed
more faith in the appearances held out by
Russia on one occasion, and in her positive as-
surances on another, than it seems her conduct
warranted. The Duke of Wellington was mis-
led in his hopes that she would not make war
upon Turkey, and in his confidence that she
would fulfil her own promise to forbear from
vexing the commerce of the Mediterranean by
carrying her offensive measures to the Darda-
nelles. We may imagine the whole of this
question to be a ticklish one, from the Duke
of Wellington's avowal that it was " now
impossible for him to explain how it
happened" that Russia had broken her
above-mentioned engagement, and appealing to
their Lordships for an extension of their indul-
crevice to Ministers for sonic longer time. t,No-
body could have felt more exultation than we
did at the new laurel acquired by the British
navy under Sir E. Ccdrington, in his brave ex-
ploit at Navarin ; but it would be difficult to
deny that the Court of Russia has managed by
her attack on Turkey to turn the British and
French trophies to her own account, and to pro-
vide Ministers with an ex post facto but solid
justification of the phrase, on which we were not
backward to join our neighbours in animadvert-
ing, when they described that victory as an
" untoward event." Having only in view the
coercion of Turkey to evacuate Greece, to ac
quiesce in the treaty, and thereby to take away
from Russia what then appeared to be her sole
ground of immediate war upon the Sultan, un-
doubtedly few measures could have been con-
ceived with more skill, or more brilliantly exe-
cuted, than the destruction of the Ottoman fleet;
but with the light which has been subsequently
furnished, seeing that the Russian magazine of
pretexts was not confined to an assortment of
Grecian growth, it is equally manifest that the
ruin of the fleet of Turkey has but supplied fa-
cilities to a far different undertaking from any
that could have been approved by France or
England, and may be indirectly followed by con-
sequences which no honest admirers of the
treaty of London, or prudent advocates of Greek
independence, had anticipated. We are not
ashamed to acknowledge some apprehension of
the nature of those results upon which Lord
Aberdeen refused to commit himself, but which
may be rendered altogether unavoidable by a
just jealousy for the honour and intrinsic inte-
rests of Great Britain. It is not unseasonable
to add our conviction, that his Majesty's Go-
vernment has expressly insisted on the free con-
seat of Turkey to whatever alienation of terri-
tory the final execution of the Greek treaty may
be held by the Allied Powers to demand.—
Times.

In the Chamber of Deputies, M. Charles Do-
pin animadverted in strong terms on the evils
produced by Foundling Hbspitals ; which in
France seem, indeed, to be a source of great de-
moralization. But M. Charles Dupin, besides
exposing this evil, which led to a general in-
crease in the proportion which the illegitimate
children bore to the legitimate throughout France,
recommended, as one of the means of checking
illegitimacy, that facilities should be afforded to
marriage. There is, we believe, in Paris a Phi-
lanthropical Society, of which the object is to
persuade people to marry. In several countries
of Europe, again, as in Switzerland and in Ger-
many for instance, difficulties arc thrown in the
way of may of marriage with a view to prevent
the increase of a pauper population. We sus-
pect M. Charles Dupin takes but a very partial
view of his subject. It is not the difficulty in
the way of marriage, but the difficulty in
the way of rearing families, from poverty that
must be grappled with. But M. Charles Dupin
seems unaware that there is any connection be-
tween the rate of increase of a population and
poverty. Did he ever hear of parents exposing
children in the United States of America, or dis-
playing any aversion to marriage there ?—Morn-
Lug Chronicle.
The case of the Rev. Mr. Wray, Archdeacon
Goddard, and the Bishop of Lincoln, was
brought before the House last night by Mr.
Hume, when Mr. Herries alluded of course to
the 480/. living, it being of course his interest

Mr. CAMPBELL moved for a rule Nisi for a new
trial in this case, tried at the late sittings at Guild-
hall. The action was brought on a judgment re-
covered in Jamaica, for 1,.5.541. IGs. Bd., current
money in that island, with interest and costs ; and
the question was, how the amount of current money
was to be calculated in sterling money. On the
part of the plaintiff it was proved, that in Jamaica
1401. currency was estimated as equal to 1001. ster-
ling. For the defence it was proved, that 22i per
cent. premium were paid upon bills of exchange
drawn upon England, and it was contended on the
part of the defendant that this premium being
changed into currency and added to the 1401. would
make the real rate of exchange 1711. 10s. For the
plaintiff, however, it was insisted that the rate of
exchange ought to be calculated at 140/. currency
for 1001. sterling; and under the directions of Lord
Tenterden the Jury found for the plaintiff, the de-
fendant having leave to move to set the verdict aside.
The learned Counsel now contended that the real
rate of the exchange was shewn to be 1711. by the
premium paid at Jamaica for bills on England.—
Rule Nisi granted.

COURT OF COMMON PLEAS, JUNE 22.
WILLANS V. TAYLOR.

This was an action for a malicious prosecution.
The defendant was the proprietor of a gaming-
house in Pall-mall, at which the plaintiff lost con-
siderable sums of money. The plaintiff's brother
brought an action to recover three times the amount,
under the statute of Anne, and the plaintiff was a
witness on the trial, upon which occasion he swore
that he had lost certain sums at the defendant's
house on the 4th, sth, and Gth of April. For the
defendant, however, witnesses were called, who
swore that the sth of April in that year fell on
Good Friday, and that there had ban no play in
the house either on Good Friday or on Sunday.
They would not swear, however, that the play of
the Thursday night did not continue beyond twelve
o'clock, and thus run into the Friday morning.
The jury found a verdict for the plaintiff. The de-
fendant brought a writ of error, and ultimately
brought the case before the House of Lords, where
the judgment of the Court below was affirmed.
The defendant also preferred a bill of indictment
against the present plaintiff, Which bill, however,
was thrown out by the Grand Jury. He then pre-
ferred a second bill, and went himself before the
Grand Jury to be examined. This bill was found.
When the case Wag ready for trial at the sessions,
Taylor lodged a writ of certiorari, and removed it
into the Court of King's Bench. The plaintiff was
thereupon obliged to procure fresh bail, and a clerk
of the prosecutor's then attorney called upon the
persons to whom he had applied to become bail,
and endeavoured to dissuade them by divers mis-
representations from so doing. For three years the
prosecutor contrived by various expedients to keep
the proceeding suspended over the plaintiff's head;
and when at length the plaintiff compelled him to
come to trial, Taylcr himself, although in Court all
the time, and although on a previous occasion
sworn to be a material witness, was not examined.
The Jury, without hearing any evidence on the part
of the plaintiff, returned a verdict of acquittal.
This was the prosecution complained of, and for
which the present action was brought.
The COURT granted a rule to show cause.

MILLS V. COLLETT, CLERK.

This was an action for false imprisonment tried
before Mr. Baron Vaughan, at the last Assizes for
the county of Suffolk. The plaintiff was charged
before the defendant, who is a Magistrate and a
Clergyman, with having unlawfully and maliciously
cut, broken, barked, uprooted, and otherwise de-
stroyed a tree, of more than the value of IL, the pro-
perty of Dr.Baddeley. In the depositions the plaintiff
was stated to be the occupier of the land on which
the tree grew. The Rev. Defendant, however, com-
mitted him to take his trial for a felony, wider the
7th and Sth Geo. IV., in consequence of which he
suffered several weeks' imprisonment in the county
gaol, and was discharged by proclamation. It was
for this imprisonment that the plaintiff sought to re-
cover compensation in the present action. On the
trial two objections were taken by the defendant's
Counsel ; one was, that the notice of actien proved
on the defendant, in pursuance of the directions of
the Statute, for the purpose of enabling him, if he
thought fit, to tender amends, was dated from Half
Moon-street, Piccadilly, London, there being no
such place in London, but in Middlesex ; the other
and principal objection was, that the Magistrate,
having been merely guilty ,of an error of judgment,
in discharging his duty in a case over which he had
jurisdiction, the action did not lie. It had been ad-
mitted by the plaintiff's Counsel, in his opening
address to the Jury, that the defendant had not
been actuated by any corrupt malice or personal
feeling towards the plaintiff.
The Learned JUDGE declared his opinion that the
plaintiff must be nonsuited, but to sate the expence
of a new trial, in case he was mistaken, he directed
the Jury to estimate the damages.
The LORD CHIEF JUSTICE was of opinion that
the nonsuit was right, and that therefore the rule
must be discharged. The only question for the
Court was, had the Magistrate jurisdiction to hear
the charge? Now the charge was conceived in the
very words of the Act of Parliament, for it charged
the plaintiff with having maliciously and unlawfully
cut, broken, barked, uprooted, and destroyed a tree
of the value of more than one pound, the property
of Dr. Baddeley ; and that was declared by the Act
to constitute a felony. It had been always held
from the time of Croke, Charles, down to the present,
that where the party was charged with felony the
justice was not liable. On this occasion the plain-
tiff was charged with felony in the very terms of the
Act. But he could not help here observing, that
either the Magistrate or his Clerk had acted most
reprehensibly in taking down the depositions of the
witnesses in the express words of the Act of Par-
liament, instead of according to the true state-

went of facts. nis Lordship by to means acceded
that the occupiers of land were exempted from the
penal consequences of this Act, if they cut down
trees belonging to the landlord. As, for instance,
where trees were excepted from a demise, there
the party to whom the land was demised, if he cut
down any of the trees, was liable to an action of
trespass and not waste; and in his Lordship's °pi,
nion, therefore, might be guilty of a felony under
this Statute. But it was not necessary to decide
that point at present. In the case referred to in
Cowper, the moment the Magistrate convicted for
the first offence he became functus officio; and
therefore had no jurisdiction to entertain the subse-
quent charge. In the present case he did not exceed
his jurisdiction in hearing the charge; and there.
fore nothing but corrupt or malicious motives (which
were disclaimed here) would render him liable for a
mistake ; and even then it would be in a different
form of action. With respect to the point as to
the notice of action, his Lordship would give no
opinion upon it now, as the decision of the principal
question rendered it unnecessary.
Mr. Justice PARK was of the same opinion. He
had heard yesterday that 80 bills had been thrown
out by the Grand Jury at the Middlesex Sessions ;
now, if the doctrine contended for here on the part
of the plaintiff were correct, they might have 80 ac-
tions to try in this Court against Magistrates for
false imprisonment, although most probably the
committals were perfectly correct and peoper ac-
cording to the evidence. His Lordship also took
occasion to animadvert on the conduct of those Ma-
gistrates, or their clerks, who dared to take down
depositions from witnesses in the very words of an
Act of Parliament. One of his learned brothers had
complained that this practice had prevailed all round
the Circuit which he had gone last spring. He (Mr.
Justice Park) took this opportunity of giving notice
that he should fine every Magistrate's clerk whom
he should find doing so on the Circuit which he
should be upon.
Mr. Justice BURROUGUI and Mr. Justice GASELEE
concurred.—Rule discharged.

MAYOR'S COURT.
CHILD AND MANN V. THE CITY OF LONDON.

Yesterday this case, which is one under the New
London Bridge Approaches' Act, came on before a
Jury at Guildhall.
The COMMON SERJEANT, Mr. BOLLAND, and Mr.
MIREHOUSE, were for the City; Air. PLATT, Mr.
BURNABY, and Mr. BULLOCK were for the claimants.