The Sun.
London, England, 1842-11-05 00:00:00

MARLBOROUGH-STREET.

Yesterday the adjourned case of Captain Douglas,
charged with desertion from the service of the East
India Company, came on for hearing. So great was
the excitement caused by this novel case, that the.
Court was crowded to excess by military men and
others connected with East India affairs, and numbers
of respectable persons were refused admittance.
Mr. Clarkson was for the prosecutors, and Mr.
Chambers for the prisoner.
Mr. CLARKSON observed, as since the last examina-
tion sundry unpleasant communications had gone
forth, through the medium of the press, to the world,
he would briefly recapitulate the main facts of the
case. It appeared from his instructions that the de-
fendant had, in March, 1841, served as an officer in
the 49th Madras Infantry. He had obtained leave to
go to the Neilgherry hills on account of a complaint
caused by the climate ; that leave of absence was,
however, expressly confined to India. Since he (Mr.
Clarkson) had previously appeared in this case, he
had again consulted the Queen's Advocate, and upon
the opinions which he had expressed called upon the
Magistrate to commit him (the prisoner) to be dealt
with as a deserter, under the Act of 5 and 6 Victoria,
cap. 12, sec. 22. He would now, however, make no
secret of the real charge against the prisoner, which
was, that in his official, civil, and political capacity,
he had been guilty of most important malversa-
tions, and of receiving bribes to an enormous ex-
tent. The Advocate-General of Madras had been con-
sulted by Lord Elphinstone, and 21 criminal informa-
tions had been exhibited against Captain Douglas. In
consequence of this he had surreptitiously left Tan-
jore, and instead of stopping at the Neilgherry hills,
had prone through' Mahee or Mahal, in the assumed
name of Jackson, through a French port to Bombay.
where he embarked in the ship Reliance, still in his
assumed name. On the passage he, however, let slip
his real name was Douglas. Ile (Mr. Clarkson) was
now in a condition to produce Captain Hall, the com-
mander of the vessel in which Captain Douglas had .
come to England in the name of Jackson. He had
further proved the transfer of India Stock by the de-
fendant in the name of N. Douglas. The East India
Company, feeling that it was due to themselves, as
well as to the officers in their employ, had caused this
inquiry to be proceeded with. In conclusion, the
Learned Counsel quoted the 22d clause of the Mutiny
Act, 5 and 6 Victoria, and called upon the worthy
Magistrate to keep the defendant in custody until he
could be transmitted to the Secretary at War. The
defendant had been identified by his hand-writing,
and also by his admission to the officer who had ap-
prehended him. The Magistrate had no option but to
commit.

Mr. Fitzpatrick (the chief clerk) inquired of the
defendant whether he was now prepared to state his
name?

Mr. Chambers replied in the negative.
Mr. Clarkson observed that, for the sake of the de-
fendant, he did not wish to have gone further into the
case. Ile must, however, nosy call two witnesses.
Mr. Chambers said, that what had hitherto been
done had been through his advice. His client was
charged with an ignominious crime, of which he was
prepared to prove his innocence.
Mr. Clarkson then called
James Borrock Egan, the Assistant-Military Se-
cretary to the East India Company, who produced
and read the letter signed "Lieut.-Colonel Alexander,
Commander of Fort St. George," by which it ap-
peared that the defendant had absented himself with •
out leave; and also a letter from Major Gunning, of a
similar import, and a letter from the French Gover •
nor of Otocammund, relative to the defendant's pass-
ing through the French territories, in the assumed
name of Jaason, and finally embarking at Bombay
for England.
Mr. Stewart Milne partly repeated his former evi-
dence, and produced one out of a number of writs
issued in India against Captain Douglas.
Mr. Clarkson read the extract, which was the copy
of a writ signed "George Norton, Advocate-Gene-
ral," for 23,000 rupees, addressedto
amthoeunStheehriaffrgeocif
Manras, on the Bth June, 1842.
Mr. Clarkson—What is about the
against the defendant ?
Mr. Milne-128,000 rupees, or about 12,800/
witness also produced a copy of dispatches
relative The
to
called
the defendant from Lord Elphinstone, stating that in-
quiries were instituted respecting the defendant.
Mr. Clarkson having read the dispatch,
of the Relianc
Thomas Cameron Hall, Captain
passengeri in his
ship proved that the prisoner came
iBtl Bombay,forofmiltine.
i,h ewphri
prisoner
placene r l e
left
d from on the
of Cork, and the ship proceededhe
thsaclne sao tn
e the
passed Cove
where she arrived on the 22d ult.Theeshp
iriti)o Liverpool,
by the name of Captain Jackson,
but had paid his
passage-money by a draft signed "
Mr. Chambers in defence said, that as
of the Queen's Advocate had been handed in, he had
another to produce from Dr. Addam which was dia-
metrically opposed to the
s, agnlaso.p"in ion
former one. The Learned
Counsel contended at great lenkth, that under the

v

clause of the Mutiny Act his client was not respon-
sible to the military law, which merely related to
soldiers and not to officers. The powers of the Ma-
gistrate were therefore limited, and this was not a
case in which he could derive. the inference that his
client was a deserter. He had, forsooth, been accused
of certain crimes, and because he had, before his leave
of absence had expired, chosen to come to England to
consult with his legal adviser—was he to be branded
as a deserter ? Were the.. East . India Company,
powerful as they are, to be judge and jury ? He hoped
not. Mr. Chambers finished by calling upon the
worthy Magistrate to discharge his client. -
. Mr. HARDWICK wished, for his own guidance, to
be informed by some one of the officers of the Hon.
East India Company as to the terms in which. the
leave of absence was couched.

Mr. Egan replied, that the leave of absence was
for India alone. Bad the defendant been allowed
leave of absence to come to England it would have
been expressed as a furlough to England.
Mr. IlAnnwlcx observed, that the course he had to
pursue was a very simple one. It was proved in
evidence that the defendant was the Captain Douglas
who had leave of absence to the Neilgherry hills, but
who • had chosen to come to England, rightly or
wrongly that was not for him to say, and whether or
not he was a deserter, was not for a Magistrate to
decide. Ills duty was to ascertain from the evidence
laid before him whether the defendant was or was not
the person described as a deserter. From the evidence
adduced he was of opinion that be was, and should
therefore commit him to prison in accordance with
the provision. of the Mutiny Act ; and the chief clerk
would, at the bottom of the commitment, point out
that he shout. be referred to the Secretary at War.
In the meantime the Learned Counsel for the defen-
dant could apply to the Court of Queen's Bench for a
writ of habeas corpus to remove his client.—Captain
Douglas was then removed, and sent off in the care of
the gaoler to prison.
CLERKENWELL.

Charles Viwzia, professor of languages, and Mary
Taylor, were charged with causing the death of John
Taylor by poison.
It appeared from the evidence, that for sometime back
the male prisoner has been ;lodging with the female
one on Saffron-hill. lie has been labouring under
an.aftktion of the heart, .for. which_he„used to drink
prussic acid in a diluted state. Thig morning the
deceased, Mary Taylor's son, a child, was pla.ying
with the bottle containing the mixture, and drank
some of it, which caused almost immediate death.
But what seems very extraordinary is, that his sister,
a child almost seven years, drank some of it too, and
it did not injure her up to the time the emetic was
given, three hours after the poison was taken. She
seemed: in perfect health when giving her evidence.
She said the poison was very bitter. That her brother
got sick at once, but that she did not feel it at all
although she took more than he did.
The male prisoner produced a letter from the Earl
of Surrey, speaking highly of his character, and en-
closing him 101. They were both discharged.

TEE PAST MATORALTY.—It is said that Sir John
Pirie intends to withdraw from public life at the dose
of the present Mayoralty. Whether such be the fact
or not, few of his predecessors in office will have
carried with them into retirement a larger amount of
respect and'esteem than the worthy Baronet. With a
total absence of party bias, and of that appetite for
notoriety which characterise some civic functionaries,
the present Chief Magistrate has discharged his vari-
ous important duties in a firm, able, and conscientious,
but perfectly unobtrusive manner Cand, whilst reviving
the hospitality of ancient times, Sir John Pirie has
never failed throughout his public career, to manifest
a prompt and open-handed sympathy with the friend-
less and unfortunate, qualities not of daily occur-
rence, and which will be long remembered and appre-
ciated by his fellow-citizens.

FUNERAL OF ALLAN CUNNINGIIAM.—Yesterda v,
at one o'clock, the remains of this lamented author and
artist were removed from his residence in Lower Bel-
grave-place, to the general cemetery in the Harrow-
road, for interment in the catacombs of that place.
The funeral was conducted in the most private man-
ner, and consisted of a hearse and two mourning-
coaches. In the first carriage were the deceased's
youngest son, his brother, Mr. Peter Cunningham,
Dr. Tweedie, and Archibald Hastie, Esq., M.P. In
the second rode Mr. Lockhart, Mr. Walkinshaw, Mr.
Martin, and Mr. John Murray, the eminent book-
seller, of Albemarle-street. The deceased has left

three other sons, all of whom are in India at present.
MELANCHOLY OCCURRENCE.—A gentleman in this
town has received a letter from his sister, at Dublin,
who embarked on board the City of Limerick steam-
packet, from this port, on Monday morning, the l'ith
of October, bound for Dublin, with a number of pas-
sengers on board. They passed the Land's End about
twelve o'clock at night, and soon after that time, on
entering the North Channel, a great noise and con-
fusion was heard upon the deck, mingled with the
cries of " Stop the ship—stop the steam,' " A woman
is overbOard. The captain, who had turned into his
berth, hastily ran upon deck, and immediately or-
dered the boats to be manned, and the steam to be
turned off; but after the most strenuous exertions,
nobody could be found. There were a number of
deck passengers on board, who saw a female come
up the companion stairs, and instantly throw her-
self into the sea, over the ship's side. The sea was
running very high at the time, and the vessel going
at the rate of seven or eight knots an hour. The un-
fortunate deceased was a respectable middle-aged
woman, who, with her husband, was a cabin pas-
senger, and had stolen from his side in the stillness
of the night, and perpetrated the fatal act. She had
been liable, it seems, to temporary fits of insanity,
but had exhibited no symptoms of the kind during
the time she had been on board. The husband, on be-
coming acquainted with the circumstance, was so
overcome with horror and amazement, that he became
frantic in his grief, and it was with the greatest diffi-
culty he could be prevs.nted from plunging into the
deep ; and it became imperatively necessary to lash
him down, in order to restrain him from throwing
himself overboard.—Plymouth

PRECAUTIONS TO SAVE CHILDREN FROM BEING
BURNED.—At this season 9f the year it is truly
ocalamities
e childrenan
painful to read the accounts which appear not
only every week, but almost every day of the
being burned
albli
yunrontehlengtpothubdtlheiacethj.our
carelessnessrrl,ahl
es
s,
eeofsfadlhrs d
nyoungt
leaving children not only without are
gser-
vantsprotectors,
but in many instances actually locked in rooms
where there are fires.greWartheesrtever this practice exists
danger, owing to the
there must be the
homruchplaleyissn
fire.. The use of a simple
natural fondness of child
many lives. Linen pinafores are
children
nire guard would save
take fire than cotton ones. It playing oath
ought also to be known
that in case of the clothes of
best means of extinguishing it is cis iby takingth throwing
to
child on the floor, and wrapping t iiiroawihnlbaniceet
or Woollen cloth of any - V
child
is in an upright position the flames from the
clothes burn fiercely, and as their natural tendency is
towards the head, consequently if the child be laid
down, the flames will instantly become feebler, and
be much more easily extinguished. To smother the
fire by wrapping the child in a woollen cloth, is a
much quicker and safer mode than by tearing the
clothes off piecemeal. After a burn, no application is
better than a plentiful sprinkling of flour.
FEROCITY OF A HORSE.--AfARCIL—On the 28th
ult. an accident occurred at the Chequers Inn, to a man
who had the care ofa beautiful spotted pony, belonging to
Mr. Ginnett, the equestrian. lie was feeding it, when, in
an instant, the animal caught hold of his hand and flung
him over its back to the other side of the stable ;
it then sprang upon his shoulder, and with the
greatest ferocity bit a piece out of his bottom lip,
and would have killed him had not his dreadful
screams brought one of the company to his assistance,
who beat it off him with a fork. The poor fellow
was taken into the house covered with blood, and
dreadfully bruised about his breast and
shoulder.
After his wounds were dressed and he was a little
recovered, he was enabled to leave the town •
in a ;vim
with the company.—Cambridge Ad •
verhser.
SINGULAR PLEDGE.—We have just
its
heard the fol-
lowing story, but cannot vouch for truth. A young
woman went into a pawnbroker's
many miles from Kilmarnock, the
of other day, with a
establishment, not
basket containing a quantity
wished to pledge with " min china, which she
e
exa-
mining the contents of the uncle " for 21. After
could only advance basket, he gravely stated he
his statement she the
said
could
_ half of that sum. in reply to
she was a servant, and that the
articles were the property of her mistress, whom she
would require to consult before taking the money.
She therefore left the office for that purpose, and in a
short time returned with the basket, saying that
her mistress would take what was offered. " Mine
uncle" ag •am glanced into the depository of the precious
ware, and saw that it apparently contained the same
goods that he formerly examined. The cash was then
paid to the woman, who immediately left the house,
and the case was then carefully set aside. In a short
time afterwards a feeble cry was heard by the broker
issuing from the basket, which he again examined, and
in which, to his utter astonishment, he found a fine
child carefully wrapt in flannel, and over which a
slight covering of china had been ingeniously placed
for the purpose of deception. • The pawnbroker, it is
said, applied to the authorities for a nurse to the little
pledge, but was told that, like other pledges, he was
bound to keep it for 12 months, and if not redeemed
at the end of that time, to bring it to the hammer, like
other vawned property !"-- Ayr Observer.
A 1 ouNG PREACHER.—TIui anniversary sermons
in behalf of the Primitive Methodist Sunday Schools,ons
Oldham, were preached on Sunday last by a boy of
Joel Hodson, of Lanca
ster.
Such years of age, named •
aster.
Such was the excitement of the public to see and hear
this juvenile
prodigy that the congregation were ad-
mitted by tickets sold at Is. 6d. each.-111anchester
Advertiser.

THEATRE ROYAL, COVENT-GARDEN.
THIS EVENING, NOV. 5,

Will be repeated a Comic Opera, called THE SECRET MAR-
RIAGE. Being an English version of Cimarosa's "11 Ma-
trimosio Segreto." The Character of Carolina, by Miss
Adelaide Kemble ' • Fidalma, Mrs. Alfred Shaw ; Elisetta,
Miss Rainforth ; Signor Geronimo, Mr. Giubilei ; Count
Meatoni, Mr. Leffler ; Paolino, Mr. W. Harrison.
After which will be repeated a New, Original, Comic
Drama, written by Mr. Mark Lemon, Author of ‘. The
Ladies' Club," ice., entitled THE TURF. Captain Flatooker,
Mr. Walter Lacy; Clovis Culpepper, Mr. Bartley; Gallop,
Mr. Meadows ; Aaron Tret, Mr. Harley ; Mrr. Culpepper,
Mrs. Humby ; Miss Warren, Miss Lee.
To conclude with the Farce of COUSIN LAMBKIN.
.Squire Mulberry, Mr. Bartley; Captain Bantam, Mr. Walter
Lacy; Doctor Lionel Lambkin, Mr. Harley ; Mrs. Bantam,
Miss Cooper l Rose Maynard, Miss Lee ; Dainty, Mrs. Hamby.
Deers open at Half-past Six, and the Performances com-
mence at Seven.—Dress Boxes 75., Second Price :Js. 3d. ;
First and Second Circles 55., Second Price '2s. 6d. ; Pit 3s;
Second Price 2.. ; Gallery Is.
Tickets and Places for the Boxes to be taken of Mr. Whit-
low, at the Box-office, from Ten till Four, where Season
Tickets may be had.
Private lioxes to be Lad at the Box-office ; of Messrs. An-
drews, 167, New Bond-street; Mr. Mitchell, Bond-street;
and of Mr. Sams, Pall Mall.

THEATRE ROYAL, ADELPHJ.
THIS EVENING, NOV. 5,
Will be presented THE MISER'S DAUGHTER. Prin-
cipal Characters by Messrs. 0. Smith, Lyon, H. Beverly,
Wright, Sterling, Wilkinson, Maynard, Craven, Mrs. H. P.
Grattan, Miss Faucitt, Miss Murray, Mrs. H. Beverly, &c.
After which, DEEDS OF DREADFUL NOTE. Prin-
cipal Characters by Messrs. Wright, Wilkinson, Paul Bedford,
and Mrs. H. Beverly.
After which, THE DAUGHTER OF THE DANUBE.
Th e Imp, Mr. Wieland ; Fleur-des-Champs, Aldme. Preche
Giubilei ; " The Frightful, Spiteful, Old Bachelor," Mrs.
H. P. Grattan.
To conclude with NORMA. Pollio, Mrs. H. P. Grattan ;
Norma, Mr. Paul Bedford ; Adalgisa, Mr. Wright.
Boxes, 4s. ; Pit, 2s. ; Gallery, Is. Doors open at half-past
six, commence at seven o'clock.