The Sun.
London, England, 1827-08-22 00:00:00

MIDLAND CIRCUIT.-WARWICK, Atm. 20.

John Henshaw, aged 37, was indicted for felo-
niously violating the person of Caroline Smith, on
the morning of the Ist of August at Birmingham.
The prosecution was conducted by Mr. N. CLARKE
and the defence by Mr. HILL. The trial lasted
from a quarter past nine in the morning, until a
quarter past nine at night, at which hour the jury
retired to consider of their verdict. The following
are the material facts detailed in evidence.

Caroline Smith, a delicate-looking girl for one in
her station of life, and, without being handsome, of
rather interesting appearance, stated that she was
about 18 years of age, and lived with her mother at
Hales Owen, in Shropshire, about 7i miles from
Birmingham. Her mother, who is a widow, got her
living as a carrier. Her brother kept a fruiterer's
shop in Birmingham, and the witness came to see
him on Sunday the 29th of July, with the intention
of going to Deritend wake, which was held just
outside the bridge. She slept at her brother's that
night, and on the following evening her brother, her
sister-in-law, and herself, went to the shows at De-
ritend wake. After supper, William Jones, Mary
Mayesfield, and witness, came away from the cara-
van within about ten minutes past 12 o'clock.—
They accompanied Mary Mayesfield to her home,
which was in a court off Allison-street. Witness
and William Jones were then going down Allison-
street on their way to her brother's house, which
was in Moat-lane, when they observed some per-
son's coming towards them, whom she supposed to
be a Mr. Glover and his daughter; upon which she
asked William Jones to step into an entry to let
them pass. They accordingly turned into the entry
a step or two, while these persons, who turned
out not to be Mr. Glover and his daughter, passed.
As soon as they had come out of the entry, and
were proceeding down Allison-street, they were ac-
costed by a watchman, who said to witness—.
" Halloa! what are you about, my girl ?" Witness
replied that she was going home to her brother's.
The watchman said he was afraid she was a bad girl,
and asked her if she had any friends in Birmingham.
She told him she had.; and he directed her to men-
tion their names. Witness told Wm. Jones to stop
there for her while she went and showed the watch-
man the houses of the persons she knew. She then
went with the latter up Allison-street, and showed
him Mr. Glover's house. She asked him if she
might not now go home ? He said no, he must see
a man whom he called Barnes. After they went a
little further up Allison-street, witness asked him
where this Mr. Barnes was ? The watchman re-
plied, that he was up another yard. The watchman
opened the domr of a building at the end of the yard,
and said, the man might be in there. He pushed
witness in, and shut the door. As soon as they were
inside the door, he said, " What money have you
got, my girl ?" she replied, ss. 4d. He said,
" Well, turn out the 55." Witness hesitated a
little, upon which he said, " If you don't give me
the money, I'll dash your brains out. She imme-
diately answered, " 0 Lord, have mercy, save my
life, and I'll give you the money with a true and flee
conscience." She gave him the 55., and was then about
going away, when he pushed her back against the stairs.
She told him she thought he was to allow her to go,
upon giving him the money, but he said if she at-
tempted to stir, he would dash her brains out. He
then put his right arm round her waist, and carried
her up stairs. She hooted, (cried out), but he
crammed his fist in her mouth, and repeated his former
threat if she made a noise. He held his lantern in
that hand which he had round her waist, and put his
left hand to her mouth. He carried her in that way
to an empty room, up one flight, and then laid his
lantern down, and " dt.abted' the light. He next
put his leg round her's, and threw her down on the
boards. He then lay down, and consummated the
offence, remaining in that situation about ten minutes,
and putting his fist in her mouth to keep her from
crying out. He afterwards conducted her down
stairs to another watchman, and gave her up
to his care, telling him she wanted to go to
Deritend. The other watchman asked her what
made her tremble so, was she starving? She
replied, " Not starving, but something w0r5e."......
It was nearer to go to her brother's than to Deritend,
but she preferred going to Mr. Low's, because it
was so late, and her brother always went to bed at
ten o'clock every night. The second watchman
conducted her to the bridge, from which she went to
Low's caravan, and knocked at the door. Harriet
Jones let her in, and asked her what was the matter.
Witness told her a watchman had ill-used her, and
taken five shillings from her. She also told William
Jones the same thing, and he advised her to acquaint
her mother with it. She went to bed with Harriet.
When she went home her mother asked what was
the matter ? Witness told her a man had taken ss.
from her, and had done something worse. Her
mother did not then examine her under dress, but she
did when they were before the Magistrate that day
week. No surgeon examined her.
The witness underwent a long cross-examination,
which lgsted for several hours, in the course of •
which the principal points elicited were the follow-
;"g:—When she showed the watchman Glover's
house, she was quite close to the door, but she did
not knock at it, she said, because she thought that
while she was in the custody of a watchman, she
must not do any thing but as he wished. She gave
the same reason for not knocking at Mary Mayes-
field's door. She was alarmed lest he should take
her to the watchhouse. When going home with
William Jones, he did not perceive her gown soiled,
although, as they went along, she rubbed out the
dirt where the watchman's foot had been on her
stomach. She walked a little way behind him
when she did this. When she had so much to re-
member, she was liable to make some mistakes.—
While she was abused, she neither bit, kicked, nor
scratched the man who was ill-treating her, because
he threatened her life if she resisted him.

When the witness had been under cross-examina-
don for some time, the Judge and the Jury retired
for a few minutes to take some refreshment, upon
which she was accommodated with a seat; but no
sooner was she placed in it, than she fell into a fit
and fainted. With some attention she recovered,
and was allowed to sit in the crier's box while she
gave the remainder of her evidence. When the
cross-examination was at an end, the Learned Judge
directed her to look round, and try if she perceived
the man who had ill-treated her. She did so for
some moments, but still her eye did not appear tolight

upon the prisoner. At length his Lordship direct-
ed her attention to the man at the bar, and she was
obliged to come forward a little way from her seat,
to make her see his face ; but the moment she did,
she exclaimed, " That is the man who ill-treated
me,— that is the man, and no other."

William Jones was next examined, and stated
that he lived with John Low, who kept a
where rope-dancing was exhibited. He then gave
an account of those circumstances connected with
the case which had come under his knowledge, in
which he varied in some few trifling instances from
Caroline Smith's statement, but in its principal
features his story corroborated hers.
The prosecutrix's mother was also examined, and
spoke of the appearance of her daughter on going
home: she told her that a man had taken ss. from
her, and used her worse than a man would use his
wife.

further appeared from the evidence of the night
constable, that the prisoner had cried the hour o:
12 o'clock, but had not been heard to cry it again
until three o'clock.

The Learned Judge (HoLRorD) having minutely
and carefully summed up the evidence,
The Jury deliberated for some time in the jury-
box; but there being no likehood of their speedily
agreeing upon their verdict, they retired to a room
in the Judge's lodgings, where they remained locked
up from 10 till 12 o'clock, when they returned a
verdict of Guilty.
The prisoner was also indicted for feloniously
stealing the ss. above-mentioned from the person of
the prosecutrix; but this indictment will not be tried.

WESTERN CIRCUIT.—BRIDGEWATER, AUG. 20.
The Assizes for the county of Somerset com-
menced here this morning. Lord Chief Justice
BEST sat on the Crown Side ; Mr. Justice Burt-
ROUGH on the Civil. The calendar is unusually
heavy. There are nearly 150 prisoners, and up-
wards of 50 civil causes.
At eleven o'clock, after the usual ceremony of
reading the proclamations, and swearing the Grand
Jury, the Lord Chief Justice delivered a charge to
the latter of considerable length. The calendar, he
was sorry to inform them, was much larger than
they had been accustomed to consider; and most
sorry he was to observe, that the increase of crime
—always the greatest of national calamities—had
visited their county in so serious a degree. Only
two cases struck him at the first glance as entitled
to particular selection. One was that of Samuel
Frankam, and the other that of William Amesbury,
•two committals upon the, coroner's inquisition, for
manslaughter. The first of these arose out of the
death of a man who was killed in a fight. He had
,had lately occasion, at Salisbury, to make some ob-
servations upon the practice of fighting, and had
seen (seen, certainly, without pain) comments made
elsewhere upon what was supposed to have fallen
from him on that occasion. God forbid that he
should have ever said one word to encourage the
horrid practice of prize-fighting l and in what he now
meant to say, it was not his intention to retract or
qualify any thing which he had uttered at any former
period. He had never intended, when he spoke of the
act of boxing, to underrate its existence as an evil ;
but what he always wished to enforce was, that it
was an evil of a much less degree than those which
society had to endure in other countries where box-
ing was unknown. He knew from experience, that
it warded off :nore deadly means of deciding human
differences; and it undoubtedly kept alive that Bri-
tish spirit of personal fearlessnes among the people,
which inspired the nation with glorious excitement;
and while it ensured its own safety, from the exer-
cise of its own courage, tended also to maintain civi-
lized order throughout the world. He had seen,
particularly in the north, the base habits which pre-
vailed where fair boxing was not practised; he had
there observed those up-and-down atrocious fights,
which sent to one single Assizes no less than 20 cases
of manslaughter;many of them of so vile a complexion,
as to carry upon their surface much of the appearance
of murder, from the cruel, malignant, and cowardly,
and revengeful spirit with which they were pursued.
Where fair boxing was admitted, these base deeds
were not perpetrated; and while he was, therefore,
far from wishing to put down that ancient mode of
national defence to which a true Englishman always,
when provoked, resorted, yet he should be most
anxious to prevent its gross abuse. He feared it had
been shamefully abused in one of the cases which
would come before them, and involved the conduct
of by-standers in a criminal degree. It became ne-
cessary, then, to tell the Grand Jury, that those who
stood around to witness brutal fights without inter-
ference, ought, whatever was their condition in life,
to be 'prosecuted as par:_icipatei in the crime.
From what he had seen of the depositions in the
case to which he alluded, he could not say that the
crime amounted to murder, for heavy blows passed
on each side by mutual determination : neverthe-
less, he must repeat, that not only the principals in
the fight, but all who stood around and encouraged
them, were in the same degree criminal in the eyes
of the law, and foro conscientice more so, because
their passions were not excited by the application of
the same personal injury. There was another case,
in which a man stood charged with killing his wife;
and as there was often but a very thin line of dis-
tinction between the crimes of murder and man-
slaughter, lie should direct a bill for the capital as
well as for the minor offence to be laid before them,
and they could then make whatever distinction the
facts, as disclosed before them, should warrant. If
it should appear that the man had committed the
crime of murder, the laws of God and man required
the penalty of his life. The law laid down as a rule
that where a deadly blow was struck with apparent
premeditation, and without provocation (of course
he meant the provocation of blows, not words), the
crime was murder. If otherwise, and that death
ensued from an unpremeditated attack not given
with deadly weapons, then the crime assumed a
mitigated complexion. Although under any circum-
stances he should have felt it his duty, in the melan-
choly times in which they lived, to have called their
most serious attention to some general topics, yet he
was more strongly induced to do so in this county, to
which he was attached by so many particular ties, all
uniting to make him feel more keenly the unhappy
growth and alarming increase of crime so manifest
among them. On a late occasion, at Salisbury, he had
ventured to state that there were two great predominat-
ing causes of this increase of crime : first, the low rate
of wages, which did not afford sufficient sustenance
to the wretched labourer; and secondly, the sup-
plying from the poor rates of the difference between
the earnings of the workmen and the minimum of
food for affording him subsistence. He had uni-
formly found the state of wages to be an exact baro-
meter to the state of crime. Where the poor
labourer was oppressed with want, he burst through
the restraints of municipal law, to gratify the over-
powering cravings of nature ; where he was ade-
quately repaid for his work, he was contented and
obedient. While upon this subject, he could not
help adverting to the evils which sprung from the
arrangement of game preserves in very large quan-
tities. When he made this allusion, he begged to
assurethem;vhich o
that thooidighhadpregvievnentedh,ibmy, the bodily
infirmities .
sonally partaking in the exercise of field-sports, he
ever was, and ever should be, the friend of the
principle of the game-laws, being quite persuaded
that it was productive of many of the great bless-
ings which distinguished this country over every
other but one,"which was without these enactments.

, -
•
a..." 4,
r , 7 " •
'
He kis t w ...r p ey could not
have tiiititte4 „As , !14
' • kb i class of resident
country'llan ,are tled to a properly
regulated - 'tbrelleiglitspcnia for amusement and
relaxation Wei the perfoance of arduous public
duties. At the same time he entirely concurred in
the justness of the allusion which he understood was
lately made by a Committee of the House of
Commons, (for he had only seen parts of the report
in the newspapers,) upon the evil tendency of thick
and extensive game preserves, where the coegre-
gated possession of immense quantities of birds did
hold out to the grasp of the starving peasant who
passed near them, the means of supplying his family
with that subsistence which the labour from which
he was returning home ill provided, had failed to se-
cure for him. He was quite persuaded that the
worst evils arose from the existence of such immense
preserves ; no law could prevent their operatics
while such inducement to infringe its provisions ex-
isted. These large stocks of game must organize
large gangs of poachers; and while they were per-
mitted, they could not hope for an adequate prevention
of crime. There were some circumstances locally pe-
culiar to this county, to which he wished to draw
their particular attention. There were two places
within their district which seemed particularly pro-
lific of crime—he meant Bath and Frome. He had,
with the assistance of the person who kept Ilehester
gaol (Mr. Hardy, we believe, formerly from New-
gate) paid much attention to the progress of crime
in these two towns, and he found that in l& ,here
were at the Lent Assizes, 29 criminal cases sent from
Bath, and in the Lammas, 19. In 1825, in the Lent,
50; the Lammas, 17. In 1826, in the Lent 51 ; the
Lammas,l3; while in 1827,in the Lent there were 74,
and in the Lammas 41, with some 5 or 6 those crimi-
nals coming here for trial, and ten from the town of
Frome only. Thus, from these two places came more
than one half of their county calendar of prisoners. Tim
magistrates must exert themselves to stop such a
local increase of crime. The county magistrates
must call upon the civic authorities of Bath (for
many of whom he had the highest respect) to re-
strain, by some better arrangement of pr, ;entire
police, this alarming and wide-spreading evil. In
Frome, probably, the state of crime was owing to
the distressed condition of trade in that neighbour-
hood. He hoped that an improvement in the latter
would mitigate the cause of the present evil; but in
Bath he feared it had arisen, not from the want of
attention of the magistracy, bnt of a well-re ulated
police, the defect of which ought to be supplied.—
This could easily bo done, if they availed, them-
selves of the beneficial experience of the metropolis,
where the introduction of the mounted patrol put a
stop to those outrages on the roads of the vicinity
which were formerly of such magnitude as to render
a night journey to Hounslow as dangerous as to pe-
netrate the woods of Barbary. This was the proper
system of preventive police, instead of incumbering
towns with a set of aged watchmen, as they were
miscalled, who, instead of being equal to the pro-
tection of others, had hardly strength enough left
to protect themselves. There were also, he feared,
in Bath, a number of night-houses, which afforded
shelter to thieves and vagabonds, and which ought
to be presented, for the purpose of abating the nui-
sance. His Lordship then introduced the subject
of the amendment of the Criminal Law effected by
Mr. Peel's Bills, and warmly eulogized the merit of
that Minister for their enactment. He proceeded
to describe that there were two classes of men
whose crimes appeared in a very different light..
First, the class of old, notorious, and incorrigible
offenders; and, secondly, those who were driven
into crime by the pressure of the times. He was sure
that the Grand Jury would feel that these two classes
of offenders deserved to be very differently dealt with.
Of 1.50 prisoners for trial at these assizes, 36 had
been repeatedly tried and convicted on former occa-
sions. If these certifications were carefully preserved,
he had no doubt they would tend to mitigate the evils
of which he complained, and to diminish the neces-
sity of resorting to the extreme terrors of capital
punishments. With respect to that unhappy class'
of persons who were committed for a first offence,
he was most desirous to impress upon Magistrates
the necessity of not breaking down the victim by a
severe term of imprisonment. Experience showed
that the abode of gaols, instead of reforming, cor-
rupted the human heart—at all events, to dwell in
them tended to impair, if not destroy, that self-re-
spect which was the surest monitor to virtuous
action, and the best security for the good behaviour
of the highest as well as the humblest man. He
who once lost the safeguard of self-respect, soon
launched into a host of passions. He had not much
confidence in mere places of refuge for the destitute--
he rather wished to see the impelled victim of sud-
den necessity hastily replaced in society, with some
confidence in his moral amelioration—not broken by
long imprisonment, not degraded by personal suffer-
ing,folrvoi
ttnhhdhosui
sct
womualuydcbhraecrekeepii
ovroteoa
chbhie
oa
mno
dni
nctgeh
ianmt
thoerrececooiunurtlsdo
re-enter it without the sensation of indelible shame,
e
such as flogging and coercive restraints—so that
athhni sedi
trhc i formeru
rs csl
me
with the incentives to moral conduct still sufficient
to sustain his course. He was happy to find, that
wherever the House of Brunswick reigned, this
great principle was cherished, as he bad lately seen
in a proclamation issued by the illustrious Duke, fir
the state which he ruled, deprecating all severity
of punishment, and prohibiting that which was cal-
culated to degrade a noviciate in crime. He had
already enumerated the low rate of wages, and the
misapplication of the poor-rates, as leading causes of
the increase of crime. There were some other
causes which co-operated; the first of these was,
he believed, the excessive number of public-houses
which deformed this land. He had long thought,
and every thing which had since passed under his
view had confirmed his opinion, that those were
mistaken who thought to remove the prevailing evil
o
by encouraging a more extensive rivalry in tf..eesta-
blishment of public-houses. He was persuaded
that the main consequence would be, the encourage-
ment of every species of low dissipation,--of cheap
gambling,—deleterious dram-drinking. New sti-
mulants, all of a dangerous character, would be
brought
i thinbutth
oenretahe reach ocfonthtreary shouldpoor. T,hai ss
in beingoh
within
his opinion, he felt it to be of the utmost importance
that the existing number of public-houses should not
be increased,
as possible, be diminished. ILlagistrates should see,
too, that the victualler was a substantial person,
likely to be responsible for the maintenance of his
character; but, above all other things, while on this
examination, they should do all in their power to sup-
press or reduce that horrid monopoly of the brewers
and distillers, which had, more than any other cause,
contributed to extend the number of bad public-
houses. He had looked over the late returns which
had passed under the review of a committee of the
House of Commons, and he found that in this year
there were 65,733 licenced victuallers; and of this
number, only one-third, or 23,197 brewed their
own beer; the rest were absolutely in the hands of
great public brewers. Were he a resident where
these monopolising houses had fastened, h .should
try, as far as vacancies permitted, to establish one
or two free houses to palliate the evil of ex;
elusive trade. The next point to which ho
should wish to point the attention of the Grand
Jury in proceeding to reform the public morals,
was, the necessity of increasing the attention
of the lower classes to religious instruction from
their several pastors. The time was, when they
had been told that the growth of education would
of itself turn people's minds to religion • , but the ex-
perience of the last twenty years, ,when education
had had its full trial, refuted that expectation • for
within that space of time the o l •
in-
creased one-third, while crime had population
augmentedh adfo
ur-
fold. Me knew from facts which he had himself
taken great pains to investigate, that the •
proportion
of literate to illiterate cul • pri e
ts was as 60 to 40. It
was this knowledge that induc d
him
to desire a
careful attention to the reli • • •
religious instruction of the
poorer classes: they should be coercively compelled
to hear divine service, if they could not at first be
persuaded of its necessity : the old ecclesiastical
censure, and the Ana of Ls, for causeless absence

from a place of parish worship, ought to be brought
into active opeu.tion. He hoped that all persons of
influence \ ild allure the pecple toreligious instruc-
tion where they could, and would see that with the
mysteries of their faith, they learned the valee of
virtuous prinetples. He was afraid that he troubled
the Grand Jury too much at length with these ob-
-serrations, but he felt it an imperative duty to dwell
koti the alarming increase of crime in their county.
t was more particularly impelled to make these
observations where he stood, for this was the county
of hie birth—the place of his earliest education—
the scene of his warmest attachments. However
separated from it by the accidents of life, it claimed,
and it had, his first wishes for its prosperity. His
last prayer should be for its happimss4 tied his
dosing words as applicable to it—Edo perpetua !
:John Burton, a tinker, was convicted of violently
assaulting and robbing a pcor man named James
Bartlett, in the precincts of a fair in this county.
The prisoner was at the head of an organized gang
that infested these fairs.

Lord Chief Justice BEsr, for tho purpose of fur-
nishing an example to gangs of such desperate
marauders, immediately sentenced tho prisoner to
death.

Charle: Williams, a watchmaker, was convicted of
feloniously receiving, knowing it to be stolen, a large
quantity of plate, amounting to more than 200/. in
value, the property of three aged-maiden ladies named
Mason, who reside in Bath.

The LORD CLUE? JUSTICE senterited the prisoner
to 14 years' transportation.

POINTING V. PICIVICK.

This was an action broughtl4the plaintiff against
the defendant, for the loss of the services of his son,
occasioned by a dreadful injury sustained by the
latter from the furious driving of a luggage-cart be-
longing to the defendant. The jury found a verdict
for the plaintiff, with 1001. damages.

LETTER ON THE CONDITION OF

COLOMBIA.

WATILACT Or A LETTEE, DATED CIRACCAS, 31.11.71 Hi*
" With this is sent a public paper, showing the
necessity of the Liberator's prohibition of the abuse
of the press, and not its use, as is crated in an Eng-
lish Evening Paper of the 28th of May. This mea-
sure has been perhaps the salvation of Venezuela
from violent re-actions, and consequently from all
the evils of a civil war. No one can judge of these
things, but persons acquainted with the real state of
this country, and the character of its inhabitants.
These constitutional doctrinaires in England should
remember what Napoleon said of the same class in
France—' that they caused his downfal, and with it
the subjection of their country.' You must govern
men as they are, and not as they should be.

" It is delightful to find the cause of liberal prin-
ciples has at last triumphed in enlightened England ;
and all trust here that Mr. Canning will justify the
high expectations formed of him. The Liberator
has written that he considers the composition of
the British Ministry, with Mr. Canning at the head,
as the consummation of England's renown, and as
the fundamental hope of the liberal world ; that Mr.
Canning is the protector of the rights of the two
hemispheres, and in him is fulfilled the oracles of
philosophy and of the Revolution.' This high opi-
nion of Mr. Canning, entertained by the greatest
man of the New World, cannot be otherwise than
gratifying to his feelings, as it is notorious that he
expresseal it repeatedly before there ras any appa-
rent 'probability of seeing him at the head of affairs.
" The mail from Bogota has just arrived here,
bringing advices that the Congress has deferred the
discussion of the Liberator's resignation till the 6th
of June. The object of the faction is to prevent the
Liberator having time to get up to Bogota to swear
to the Constitution previously to the dissolution of
Congress, a bill being shunt to be proposed which is
to declare all authority illegal that has not obeyed
this formula. In this' ease, -though the Congress
should refuse the Liberator's resignation, the Vice-
President would, de facto, be the real executive of
the country—re proceeding that would ensure a dis-
memberment of Colombia as Venezuela would never
submit to such en authority being so obtained.—
Guayaqui 'aas opened her gates to General Busta-
manta and the mutineers from Peru; they, on the
other hand, pretending to submit to the authority of
its municipality ; but the municipalities whom they
pretend to obey, are mere creatures of their will, and
act solely under their orders. So long as these
bodies are allowed to exist in America, so long there
will be aec :thy, and revolutions on revolutions,
insecurity to peace and property, &c.; for they are
the tools with which the disaffected leaders work,
to justify, illegally, but speciously, their conspiracies,
machinations, and misdeeds. Fourteen years of re-
volution prove the truth of this assertion, and the
more recent transactions in this country confirm it.
The Lima mutiny is also another proof; and, in fact,
every conspiracy that has been, or which can be
formed, appears under the sanction of these gene-
rally too-corrupt and servile bodies. People must
slot judge of.them as of the English Corporations :
they differ lobo (eel° in their principles and practice.
Peru, under the domination of its present governing
faction, evidently wishes to dismember Colombia ;
and there is no doubt of her intention to assist the
mutineer monsters. The Liberator, on the news of
these events, has been obliged to sacrifice all per-
sonal feeling at the shrine of the public safety and
welfare. He remembers only that he is a Colom-
bian, and that he must place his greatest glory in
devoting himself for the good of his country. In
this moment he forgets the ingratitude, the malevo-
lence, and the perfidy which have assailed him so
long individually. Bent only on the public pros-
perity, he has issued a proclamation, stating his in-
tentions to take upon himself the supreme command
until the great National Convention shall be as-
sembled, into whose hands he will deliver up his
constitutional authority, and that power which he
possesses by the free will of the people.
" This decree is considered here as the salvation
of Colombia. As his former presence in Venezuela
dispelled the fatal evils of the revolution, so will he
again prove the pacificator of the south, and restore
that tranquillity and happiness of which she has been
deprived by the rebellion cf a few unnatural citizens.
The soldiers, however, now misled, will never fire a
shot against their beloved commander. They have
been deluded by artifices, which all the letters from
Lima prove, and where Vidaure has published a
constitutional code, which may justly be termed the
mockery of reason f whilst Bolivia, under the wise
and prudent administration of the great Sucre, is
marching with rapid strides towards her felicity, un-
disturbed by the fury and folly that are destroying
her neighbours; but reactions are ready to burst
out in Peru, on the first favourable opening, to put
an end, it is to be hoped finally, to her agitations
and distresses. _ _ _

" The Liberator will sail in a few days for Car-
thagens, in a British frigate. General Lara pro-
ceeded to-day to Maracaybo, with orders to General
Urdanete to march with the battalions of Cacobobo,
Vargas, and the squadron of Tulia, in all about
2,000 men, to the frontier of Venezuela, near Cucuta,
and there await orders. General Paez is to proceed
with 3,000 men to Varinas. The brave, able, and
prudent General Salem is to embark for Carthagena
with several companies of Junin, two of Callao, and
four of Grenada,—in all about 900 men, to unite
them with the battalions of Tiradores and Apure.
General Bolivar will follow with the squadron of
grenadiers of Junin and first of the Guard. There
is, therefore, no alarm for results, but assurance to
7:l_tiyunished those traitors, once the glory, now the
"'""our of their country.
" nit
- news may, altogether perhaps, excite
alarm; but if •
properl considered, judicious people
will be e"vineed that thisthis country has now better
hopes of being Ato happiness and order than
ever." restored

Advises hays been received at the India House
of the arrival of his Excellency the Right Roo. J. R.
Lvuoisinom at Madeira.

PRIVATE CORRESPONDENCE.

LISBON, JuLY 30.

THE LATE EXPRESSION OF POPULAR tEEL-
ING-ITS CHARACTER-A ND PR'} ABLE RE-

SULTF.,

E•,-41'y tendency to riot ceased here on Satur-
day, as soon as it was known that a new Minister
was installed in the War-office, that Count
Flor had been appointed to command the troops at
Lisbon, ant! that the Goverinnent.Wi "d aet:eriiiined
to pursue firm and decidedeojrea. The dis-
play of a itun'aituous spirit was never for a mo-
ment dangerous, and would not even have gone
such lengths as it (lid, had the authorities for-
bidden it, or had the troops employed to check
it not joined their vilY:'s 'cif the nitilti.;
tilde: Nn eisard'ir committed, and even no
violence was threatened, except in the case of the
Intendant of Police. The patriots continued
their nightly assemblages, because thee
no sedition in shouting the name of an Ex-
Minister,because by such a display of their
attachment they foolishly imagined that they could
promote his return to power--because they were
taught to belie: e they had the secret sanction of
the civil and military authorities in this singular
mode of petitioning the Princess Regent in his
favour—because they saw no nreclantatien for-
bidding their anemblages—andbecauwe even the
Gaiette, the organ of Government, supported
their views and eulogised their conduct. As
soon as the Minister of the Interior took the
steps dictated by common Sense to terminate
these meetings? thiS people, always disposed to
submit td &Lithority, implicitly obeyed. The
order or the police forbidding persons to assemble
in groups of more than eight or ten, is so reli-
giously observed, that the attraction of a fire or a
puppet-show could scarcely now induce even a
temporary breach of the law. The friends of
Saldanha, and the politicians of the squares, have
not the means of making their political senti-
ments known through legal public assemblies as
in England, or even through saloons and con-
versational parties as in France. They must shout
an innocent viva in the streets, in cases-where
Englishmen would assemble to vote an address
of congratulation ; and they must cry abaixo
(or down with a measure or a man) in a
public place, where Englishmen would as-
semble to petition and remonstrate. In sa-
loons or large social parties, where opinion
is strengthened and concentrated, it is not the
habit of the country to meet, as in France ; and
the censorship stops the expression of their sen-
timents from the Press. Thus the whispers of
a secret club, or the vociferations of a street as-
semblage are the only means left this quiet and
orderly people of expressing a united political
opinion, if that opinion happens to be against
the ruling power of the moment. That the
Constitutional mob of Lisbon had no other ob-
ject than to petition the Princess to reinstate Sal-
danha (however absurd their proceedings may
appear), or that they are the meekest rioters in
the world, is evident from the result. They had
been three nights congregated in force without
committing any act of violence, and they finally
dispersed as soon as they perceived by the ap-
pointment of another Minister, and the applica-
tion of the flat side of a sabre to the backs of a
few of their number, that any farther expression
of their wishes was useless. The quarters of the
English troops had double guards mounted on
the nights of the disturbance.
It may be difficult to estimate at present the
ultimate effects of the late popular movement,
tholigh the folly of provoking it at such a mo-
ment must be always admitted. Were the influ-
ence of the Holy Alliance and the interference of
foreigners entirely out of the question, I should
say that the result would be satisfactory, and the
prospect encouraging. A very large portion of the
people of Lisbon (for the late assemblages were
no rabble) have testified that they take an
interest in public affairs, that they can appreciate
the conduct of a Minister, and that they are de-
cidedly in favour of constitutional freedom. I
certainly was not prepared for such a display of
spirit, which compelled the Government, as a
means of security, to resort to the measure of
appointing the popular nephew of the popular
disgraced Minister, to supply his place (the
Conde da Ponte being the nephew of Saldanha),
and to put at the head of the troops of the capital
the only Nobleman who has distinguished himself
in the field during the late crisis. At the same
time I am fully sensible, dist what the friends of
the Charter may call a laudable display of spirit,
will be interpreted jacobinism in the vocabulary of
the Holy Alliance,—that the hasty attempt of
the Princess Regent to repair her error, when she
saw public. opinion against her, will be ascribed
to the influence of a faction,—that the Princess
herself will be described as too weak to govern
the turbulent politicians of the Rocio,—atld that
the despotism of Don Miguel will be prescribed
as the only cure for the anarchy with which the
country is threatened. This last consideration
ought to have been before the eyes of her Royal
Highness when she signed the decree for dismiss-
ing her late Minister, unless she is abSolutely re-
gardless of power, and wishes to pave the was,
for the accession of her brother.

The party who has gained most in character
during the late struggle is Saldanha himself.—
No act of his administration became him so
well as the last. His immediate retreat to the
country was a step of great prudence and good
sense. The only parties who hare unequivo-
cally lost by it are (singular union !) the
Princess Regent and the editor of the Lisbon
Gazette : the former has lost her popularity,
and the latter his place. The Gazette till lately
was in the hands of the apostolical party. When
Saldanha obtained his late ascendancy in the
Cabinet, he displaced the Corcunda writer, and
gave the direction of that Journal to Senhor
Jose Liberato de Carvalho, an ex-priest distin-
guished for his liberal sentiments. This gentle-
man had been in London before the revolution
of 1820, and conducted in that capital a Por-
tuguese Paper (called the Campiclo), which
being imported into Portugal, tended not a
little to prepare the way for the events which
followed. On the second election of the Cortes
in 1822, he was chosen a member, and conti-
nued to act on the principles which he had
hitherto professed. The restoration of absolute
power in 1823 left him again in disgrace. He
then retired to a life of privacy in the neigh-
bourhood of Coimbra, which he did not leave
till the spring of the present year. Sal-
danha, being acquainted with his literary merits,
and respecting the firmness of his political prin-
ciples, gave him, about three weeks ago, a place
in the Foreign-office, and the direction of the
Lisbon Gazette. Whether ho retains the former
I know not, but his articles of Friday and Satur-
day last have deprived him of the latter. The
Princess Regent has been advised to consider
these articles of so much importance as to cause
an explanatory circular to be addressed on the
subject to all the Ambassadors accredited to her
Court, and to older the unlucky right of a Cen-

sor who allowed them to pass to be reprimanded.
Now this was very hard on the poor Censor, who
had no more power t 6 clip out with his critical
seisscra the obnoxious parts of these articles,
than he had, like Mahomet, " to clip the
moon in twain, and put the half of it in his
sleeve ;" Senhor Jose Liberato having made it a
condition of his taking the direction of the Ga-
zelle, that he should not be liable to the Cen-
sorsliip. -
One very lamentable died. cannot, fail to r 6.
suit from these transactions. The soldiers, whose
obedience has been so often
.shaken by their i
•
al-
legiance being so often changed, flave again
mitiergone atiother experiment on their fidelity.
On the first day, as I have mentioned, tlia 4ttz.
diorities Were silent, and the troops, who came
to check the riotous tendency of the multitude,
fraternized with the friends of Saldanha, and
echoed the aliouts of vivaa.. On the second
.lay And,night, the same thing was repeated.
The soldiers even appeared in the midst of the
crowd, and gave the people the key-note of ap-
plauSe. On the third night they frnd every
thing changed, and are desired to disperse, at
the point of the bayonet, those very people whose
feelings they had shared, and whose acclama-
tiOnS they had Swelled. The 16th Regiment,
which has lately arrived from Tras-os-Montes,
carried its feelings of regard for the ex-Minister
so far as to insist on going to the Princess
to represent the necessity of his reinstatement,
and to offer to conduct him triumphantly from
Cintra to the 'War-office. 'This dangerous
proposal was only quashed by the good sense
of the Colonel, who has great influence
over the regiment. Yet this regiment was
likewise called forth under Villa Flor, to act.
against the professed organs of its own opinions.
In consequence of his harsh conduct on the
night of Friday, Count Villa Flor and some
young noblemen have cancelled, in the opinion
of the Constitutional party of Lisbon, a good
deal of the obligation which their recent services
created. The shopkeepers and respectable citi-
zens, who composed the greater part of the as-
semblage, can never forget that he called them a
canalha, in commanding the troops to disperse
it. Count Taipa, who rode in among them in
plain clothes to scatter them with his whip, was
happy to escape only with the name of Cor-
cunda. Of course Corcunda was, in such a
crowd, the greatest term of reproach that could
be employed. It was even so hateful and so
dangerous, that a poor pickpocket, who, in the
exercise of his calling, was seen filching a hand-
kerchief, and was maliciously pursued under the
name of a Corcunda, was obliged to deny the
charge, and declare that he was only a thief.

TIPPERARY ASSIZES-CLONMEL, AUG. 17.

As the trial of Grace, for the murder of Mr.
Chadwick, was known to come on this day, the
Court was crowded to excess at a very early hour,
and at the time that the Hon. Judge BURTON ar-
rived (at half-past nine) every avenue leading to it
was completely blocked up.
Upon calling the names of the Jurors, the agent
of the prisoner, Mr. GLEESON, challenged a great
number of them. At length, as respectable a Jury
as ever sat in Clonmel were impanelled, when—
Patrick Grace was arraigned for the wilful
murder of Richard Chadwick, Esq., on the 30th of
June last.

Philip Mara, a mason, examined by the Solicitor
general—Witness lived in Holcroyd parish, and is
by trade a mason; was employed by the late Mr.
Chadwick, just before his death, to assist in builainig
a barrack at Rathcannon on Saturday, the 30th
June last, met him at Ratbcannon about eight
o'clock in the morning, laid out the foundation of
the house, and set about trelveFnen at work; some
of the people employed were tenants of Mr. Sadleir ;
between twelve and one o'clock, Neil Gleeson, and
witness, went towards Holycross with Mr. Chad-
wick. Gleeson had gone about 85 yards when he
was sent hack by Mr. Chadwick, who said he would
agree with Gleeson for burning lime for the house.
Mr. Chadwick then desired Neil to go back, as it
was near one o'clock, and the men would be soon
from dinuer ; Neil turned back in consequence—
and Mr. Chadwick led his horse towards the
cross of Bornacrusha, Mr. Chadwick being nearer
to the left hand side the road, and witness close
to him. After Neil left us, a man jumped out of
the ditch about three yards before us with a gun in
his hand, and desired us to give ourselves up; he
kept the gun partly levelled towards us. He then
turned himself more towards deceased, and said,
" You rascal, give yourself up." I then said to
Mr. C. give yourself up; and then stepping be-
tween them, raising my hands to the man's shoul-
ders, said, " Don't molest the gentleman, and
whatever you want he will give you." That man
had no disguise on his face ; I had a full opportunity
of seeing him; I had seen him before and knew
him well. Mr. Chadwick turned round—and as
soon as he did I heard a shot ; then looked at Mr.
Chadwick, and saw Mtn bleeding, and a man stand-
ing before him. Mr. Chadwick then said, " Oh,
Mara, I'm killed," and I said, " I believe you are."
The man was quite close to Mr. Chadwick—it was
then I first perceived there were two men. When
Mr. Chadwick said he was killed, I stooped and got
out from between them—and instantly heard an-
other shot. When about five or six yards from
them, I turned round, and saw Mr. Chadwick lying
on the ground, the two men standing over him, and
his horse Etauding near; I was much alarmed, and
ran on to Bornacrusha, about 3 or 400 yards off, in
a straight line, where there were a good many
people, men, women, and children ; a woman asked
me what was the matter, and I said Mr. Chadwick
was shot I They did not go down ; I rather thought
they went into their houses. I then went to the
Rev. Mr. Lloyd's, and next to Captain Wilson's.—
The witness proved that the prisoner was the per-
son who jumped out on Mr. Chadwick, and one of
those who inflicted the mortal wounds.

Sergeant Patrick Maher proved the arrest of
the prisoner, and identified a pound note found upon
him.
James Roe, Esq., brother-in-law of the deceased,
proved the indorsement of the deceased upon the
bank note.
Some witnesses swore to an alibi, and others swore
that the prisoner was not one of the two persons
that fired at Mr. Chadwick.
The trial did not terminate till five o'clock in the
evening, when the Jury retired for a quarter of an
hour, and on their return into Court pronounced the
prisoner " Guilty." Immediately after the verdict
of Guilty
em emblem
handedof
d eatihn—,
his Lordship
black eap—and in a Put on the
most feeling and impressive manner pronounced the
awful, appalling, and ignominious sentence—that he
should be hanged on Monday, and his body given
for dissection to the Surgeon of the County In-
firmary. When the unhappy culprit descended to
the lower part of the dock, where the prisoners were
in numbers, many of them shook hands with him, and
others put their hands round the neck of the mise-
rable man.— Waterford Mirror.

The Leicester Grand Musical Festival com-
mences on Tuesday the 4th of September. From the high
patronage under which it is brought forward, and the great
assemblage of the first musical talent engaged on the occa-
sion, amongst which is the distinguished name of Madame
PASTA, we are not surprised to hear that great interest is
felt on the subject. • We do but justice to our readers to
remind them how nearly the time of the meeting ap-
proaches, and that it will last only three days.

FOREIGN INTELLIGENCE.

FRENCH PAPERS.
(From the Quoiidieizne of Sunday.)

PARIS, AUG. 19.—Some time ago the whole of
the public papers discoursed of nothing but the
Treaty concluded by the Great Powers for the
Emancipation of Greece. Now-a-days we hear no
more of it. The death of Ml. Canning has absorbed
the attention of the whole of the journals.. Tit; if
ever a diplomatic queition required a more prompt
arid iMperative decision 4 it was evidently that of
Greece. After the publicity given tb.s. Treaty by
tnc Times, and all the Journals of Europe, it Wag
essential to prevent the natural re-action which such
Rii ai';'t inudf. produce. The answer of the Divan
. .
called also for some exphination on the part of the
United Cabinets, for we cannot so coriiider the
diatribes in the Times against M. de Metternich,
and a few timid remarks in the Moniteur which, in
the delicate situation of our Cabinet, could only
explain its meaning by halves. Yet nothing has
been done. The Treaty Once so alarmingly pals-
tbe question has been left in the same place
as it was before, that is to say, no active measures
have been taken. The fleets of Egypt are advanc-
ing towards Greece. In a short time the forces of
the Pacha will second the already victorious forces
of the Turks. The succour to be given from
Europe appears to us, therefore, very tardy in
its character. The Russian squadron, diminished
by five vessels, will not arrive in the Mediterranean
until the approach of the wintering season, and we
know not what are the instructions of the armaments
of Great Britain and France. The question of
Greece was of a nature to demand rather action than
words, and Mr. Canning must have examined the
case very slightly if he saw not at the bottom of
this question any thing but a little popularity to be
gained. A treaty, and especially a treaty published,
may be a fatal blow to Greece. It may hasten the
destruction of the Hellenists—of a Christian people
—and that is what ought to have been provided
against. Doubtless due reflection ought to have
been exercised previous to signing a treaty, which
was so intimately connected with the interests of
France in the Levant, and might bring difficulties
innumerable upon the diplomacy of Europe; but
the conditions once agreed on, and the principles
adopted, every description of delay ought co have
been rejected, and active measures should have been
taken to serve the cause whose defence bad been
undertaken.

(From the Gazette de France, dated Monday.?

"PARIS, AUG. 19.—The Courrier Francair, an-
nouncing
that Colonel Gordon, who is on his way
from Greece to Scotland, has passed through Paris,
adds, that that officer is reported to have.given some
very unsatisfactory news respecting the affairs of
Greece, and particularly respecting the feelings of
the Greeks, who arc discouraged. We can make
the Courrier Francais, and all the friends of Greece,
easy on this head. The news of the Treaty of In-
tervention, which is at this time confirmed by all the
ratifications, ',las, on the contrary, restored courage
and hope to the Greeks ; the troops of Ibrahim and
the Turkish army no longer undertake any operations.
The Courrier Francais mentions honourable docu-
ments delivered to Colonel Gordon by the Greek
Government; they are dated the 25th of February
and the 9th of April. Perhaps he left Greece at a
time when the treaty was not yet known there.
" A report is spread that the Gazette of Augs-
burgh (the Allgemcine Zeitung) has ceased to ap-
pear. The last number that we have received is
dated the ISth. We do not find in it any notice
which gives reason to believe this news.
" Lord Cochrane's vessel, the Unicorn, com-
manded by A. Chrystal, the Admiral's nephew,
sailed on the Bth of August, from Marseilles, for
Napoli di Romania.
The Italian journals announce a general insur-
rection of the warlike tribes of Epirus. The Turks
harrassed by the Y.lephtes do not venture to quit
the fortified towns. Therewas a. report that Ibrahim
Pacha had experienced a check at MagasPilea."

PRICES OF STOCKS THIS
Bank Stock
3 per Cent. lied.
3 3 pe
ar Cent.
t.
Cons. 87%
pCons. 87%
DYiitto Red: 955 AN 54%
4 per Cent. New:— ICI% 100
Ditto, 1826 193?4,'
Bank L. Ann. 20 1-16 20
India Stock
Ditto Bonds pm.

riticrs OF FoitsioN FUNDS
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Brazilian Bonds
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