The Sun.
London, England, 1827-08-23 00:00:00

The Right Hon. John Charles Herries, whose
steady, upright conduct, and great and distin-
guished talents, have, more than any powerful
influence, raised him to his present rank in his
Majesty's Councils, is the lineal male represen-
tative of one_ of the most ancient noble families
in Scotland. Sir Herbert Herries, of Ter-
reagles, the head of a powerful family in Dum-
fries-shire, was descended from a gallant Knight,
who had accompanied the renowned Richard the
First of England to the Holy Land, and who,
on the return °Ellie Crusaders, fixed his -resi-
dence in the south of Scotland. This Sir
Herbert was created by King James the Fourth,
in 1493, Lord Herries, of Terreagles, and the
title continued in the male line of his family till
1566, when William, the fourth Lord Herries,
left an only daughter, the heiress of his estates.
She became the wife of Sir John Maxwell, second
son of Lord Maxwell, the elde4 son' of the Earl
of Nithsdale. The Maxwells were at that period
lords -pa' ramount in the south of Scotland, and
the Earl of Nithsdale had sufficient influence to
get the title of Lord Herries transferred to his
grandson, the said Sir John Maxwell, to the
prejudice of the Hon. Charles Herries, the only
brother of the last Lord, and heir male of the
family. The title, thus usurped, continued in
the family of the Maxwells, and was forfeited
with their other titles in 1715.--The Hon.
Charles Herries bad still a very considerable
estate in Duinfries-shire. But the sudden rise of
more newly introduced families into that part of
the Kingdom, and their power and influence,
soon trampled upon the ancient proprietors of
the soil, and drove them from their possessions.
The descendants from the noble house of Her-
ries felt the weight of the lawless power of the
Johnstones, the Scots, and the Douglasses, and

their loyalty to the Stuart Dynasty completed
their ruin, as it did that of many others of the
more ancient free Barons of the South. Mr.

Herries' ancestors emigrated to England, and in
mercantile pursuits maintained a respectable rank,
endeavouring to forget their noble descent. The
spectable Banking-house of Messrs. Herries,
Farquhar, Halliday, and Co., was established by
one of this family, and there are few of our
readers but must recollect Colonel Herries, of
the City Light Horse. The Right Hon. Gen-
tleman is now the only male representative of
the Lords Herries.

We believe it was the grandmother of the pi-e-
-sent Mr. Herries, of whom the anecdote is told,
that " when the rebels, in 1745, were marching
through Dumfries-shire, on their route to Car-
lisle, an Officer and a party were sent to Hall-
dykes, the seat of the family, to impress the
horses for the use of the Prince's army. Mrs.
Herries was then big with child, and when the
Officer was emptying her husband's stables, she
begged hard that one horse might be left to en-
able her servant to bring the midwife. This the
Officer good-naturedly assented to, upon condi-
tion that the child, if a son, should be named
Charles, in honour of the Pretender. Mrs.
Herries gave her promise, which she kept most
faithfully, for her son was not sooner born .than
he was christened Charles Stuart."

THE MARKETS.

COAL MAR
Beaumont-,.....—.* 325. 6d.
Killingworth 36 3
Liddell's 32 0
Pontop Simpson-- 31
Tant'cid Moor* 33 0
WallsEndßewieke&Co. 39 0
Ditto Bell Robson & Co. 36 9
Ditto 35 6
Ditto Carr and Co. 36
Ditto 37 9"
Tanfieli Trader.„—.,-- 32 34
Lambton small 17 6
Ships at market, 211A—S1

KIT._-_-Aag._?2,

Walls End Newmareh— 375. 6cl.
Ellison small 17 0
Pelaw Primrose Nutt... '24 0
Llangenneth Coal 40 0
Yorkshire 3O 0
Stobart's Primrose 32 6
Walls End Hetton— 39 3
Ditto L:unbton 3.9 3
Ditto 37 0
Ditto Stewart's 39 3

Russell's Hetton's W. K3B ()

ips so:d, 21M—Unsold, 3.

:?CHANGE.-Aug. 21

THE KING V. JOHN DAVIS, GENT., ONE, &C.
This was an indictment against the defendant, a
respectable attorney, residing at Swansea, charging
him with having assaulted a deputy postmaster of
his own name in that town. The prosecution was
instituted by the Post-offiCe.
The Jury found the defendant Guilty. .

THE KING V. RICHARD PHILIP HOWELL, ESQ.
Mr. MAULE opened the pleadings, stating that
this was a criminal information for using divers in

suiting words to Robert Waters, Esq.,-with intent
to provoke him to a breach' of the peace.
The Jury found the prisoner Guilty of the as-
sault.
Several other causes were then diSposed of, but
were entirely destitute of any public interest.
At a few minqes past 12 o'clock, Mr. Baron
VAUGHAN took his seat in the Crown Court.
The Grand Jury being sworn in, Mr. Baron
VAUGHAN addressed them in the following manner :
Gentlemen of the Grand Jury, since I had the plea-
sure of seeing you last, our Penal Code has under-
gone some revision, and great obligations are due
from the country to the gentleman who lately filled
the situation of Secretary of State for the Home De-
partnient ; and as improvements and ameliorations
of the criminal law have taken place' the effect is,
that I must notice the alterations as far es they ap-
ply to some of the cases before me. The great ob-
ject of the revision was, to simplify and consolidate

the various different statutes with respect to crimina:
offences, many of which had become absolutely an.
necessary, and therefore it was much better that they
should be abolished and exploded. Among the rest
you are aware that two bills met with the sanction
of the legislature during the last , Session of Parlia.
meritthe one continuing the operation of the old
statutes down to the last day of June, the other bring-
ing into operation the new law on the first of July
following. By these acts not less than 130 old sta-
tutes were repealed. The benefit of clergy was in
some instances taken away, some distinctions be-
tween grand and petty larceny were removed, and a
variety of other alterations were made which worked
most material benefit to the community. One Act
of Parliament leaves the crime of burglary as it was,
with this additions—that it makes it burglary whe-
ther it be by day or by night. By . the law as it
stood before, burglary might consist in breaking
and entering a dwelling-house in the night time,
with intent to commit a felony. The alteration in-
troduced is this—that the mere entering a dwelling-
house with intent to commit a felony,. or com-
mitting it whether in the day or night, or break-
ing out afterwards in the night time, constitutes
this offence. There is another alteration which I
ought to mention, because I observe that the very
first case in the calendar comes particularly under
this alteration ; and that is, with respect to cartilage.
By the new law no building within the cartilage
can be considered as part of the dwelling-house, un-
less it shall turn out that there is a direct and imme-
diate communication between the out-buildings and
the dwelling-house, by some covered way or pas-
sage. At the same time there is. a proviso
,which
makes it a felony* to steal any property in the out-
buildings within the cartilage; and though it is not
a capital felony, it is punishable within the discretion
of the Judge. In the offence I alluded to, described
in the calendar, I perceive that the prisoner is
charged with having broken and entered a dwelling-
house in the day-time,no person being therein, with
the intent to steal. At the time that person was
committed, the offence with which he xvas charged
was nothing more than a trespass, by either the old
or new law ; and I apprehend the committing Ma-
gistrate must have laboured under some misappre-
hension ; for this offence is charged to have been
committed on the 12th of April : and though at that
time-breaking into a dwelling-house in the day-time,
and stealing negt to
the the
mearlmeoAnrteaokng and entering a
fis s., was a capital
offence, ay
house in the day-time, with the intent to steal, was
nothing more than a mere trespass, and therefore no
ste
bill will or ought to be presented to you under that
commitment. Gentlemen, another material benefit
produced by this statute is, that it gets rid of many
of.those nice distinctions—such, for instance, as whe-
t i her t was light or dark, or whether it was light
enough to discern a man's countenance; because now,
the breaking and entering a dvvelling-house, either by
day or night, and stealing therein !he smallest
article, is by the new law a capital offence ;
therefore it was now unnecessary to have any of
these particulars proved. Another alterationis, as
to the offence of stealing in a dwelling-house. For-
merly stealing in a dwelling-house, without breaking,
was a capital offence; but in consequence of the
alteration of the value of money, the legislature were
induced not to extend the penalties of a capital
offence to where the property taken is under the
value of 5/. I believe these are the whole of the
observations I have now to offer to you, except in
one case which I see in the calendar, and which I
perceive is a charge of breaking and entering a cellar
within the curtilage of a dwelling-house. Under the.
old law, any building within the eurtilage was con-
sidered a part of the dwelling-house; but under the
new law a person who steals. from a detaChed out-
house within the curtilage is only liable to be
transported beyond the seas for a, term not exceed-
ing fourteen years. These appear to be the general
provisions of the new law ; and you will therefore
have the goodness to bear them in mind when you
are looking
.at the different commitments. You willmake a distinction between those offences committed
before the Ist of July, and those committed upon or
after that day. I think there are two or three offences
which it is my duty to mention to you, but these are
merely to be considered with relation to the old law.
One of them is a case of stabbing with a view to do some
bodily harm. There is an Act, commonly called

have to observe is, that if it shall appear to you upon
the whole case extremely doubtful, whether it would
or not have amounted, in the event of death, to
murder under those circumstances, if you have the
slightest degree of doubt, I should advise you by
all means to throw out the bill for the capital
offence; because sending ti.c party to trial for the
capital offence when there is no probable reason for
expecting a conviction, would perhaps only produce
this effect—that he must be acquitted of that charge,
and go unpunished for a very outrageous misdemea-
nour. Therefore I should rather advise you to order
an indictment for the minor offence to be prepared.
Gentlemen, there is another case on which it is ne-
cessary to make a remark or two. It is a case which
is not in the calendar, but one of which I have read
the depositions this morning. It is one in which the
prisoner is charged with an infraction of that law
which exists for the protection of the chastity of
females. Ido not think it necessary to allude more
definitely to the offence I am speaking of, and no
doubt you are perfectly aware, from your expe-
rience in administering the law, that there were
two facts necessary to be made out in charges of
that description. Ido not think it necessary either
to enter into the nauseous description of these two
facts ; but if the case is one of any reasonable doubt,
or one in which you can entertain any possible doubt,
I should advise you rather to negative the bill for
the capital offence, and find it -only for the misde-
meanour; but that, however; is a consideration pe-
culiarly befitting you : it is a very grave offence, and
one in which a charge is easily made, and very hard
to be defended ; 'yet, on the other side, you ought to
'take care to give that protection to the female part
of the community which the law intends they should
have; and if, upon hearing the evidence, you think
the charge clearly brought home, you are bound not
to trifle with your own consciences, but, however
painful the task may be, find a true bill. You will
look to see whether early complaint is made, and also
whether the offence has not been committed under
such circumstances that alarm could not be given.
Gentlemen, I have only to desire that you will now
retire to your room, and I and quite sure you will
prove yourselves the faithful guardians of those laws
under which we have the happiness to live.

AUGUST 21.

Anne Maria Morgan was indicted, charged with
having feloniously uttered a certain forged and coun-
terfeited note, purporting to be a note of the Go-
vernor and Company of the Bank of England, for
the payment of 51., well knowing the same to be
forged.
Mr. William Peake, a butcher in this city, knew
the prisoner, who carried on the business of a mason
in this town, and dealt with him. He remembered
last Easter fair, that the prisoner owed him 21. 155.:
21. in borrowed money. He called on her in the fair
week for the money ; she produced a 51. note of the
Bank of England, and gave it to him. At that time
he had no other note of the kind. The next day the
witness changed the note with Mr. Morris, a grocer
in the High-street. The witness delivered the note
to Mr. Thomas Morris.
' Cross-examined—l had no other 51. note. I put
no mark upon it.
Mr. Thomas Morris, shopman to Morris the grocer,
remembered Mr. Peake coming to his master's shop,
and asking for change for a 51. note of the Bank of
England. I changed the note, and wrote Peake
upon it. (On looking at the note, the witness
pointed out the name of Peake, and that it was re-
ceived by him on the 19th of April.)
Cross-examined.—The note excited no suspicion
at

the time.
Mr. N. Derry Morris, brother-in-law of the last
witness, saw the note in question about an hour and
a half after the fair-day. I took this note about an
hour after to Matthews's bank. They declined
taking it. In consequence of what,Peake said to
me, I sent the note on Saturday night by William
Fox, my shop-boy, to the prisoner, and he left the
note, bringing me back 4-/. Next week I called on
the prisoner for the other 11. She said, she had
settled with Mr. Peake, who would pay me; she
said it made no difference to her, that she had re-
ceived it of Mr. Hulme, and had returned it to him
that evening:
Cross-examined.—The prisoner might have de-
stroyed it if she chose.
William Fox, apprentice to Mr. Morris.—On the
21st of April, I was sent to the house of the pri-
soner, with a .5/. Bank of England note : this is
the note. I told her I hail got the .51. note she had
paid to Mr. Peake, and that I was sent by Mr.
Morris to desire her to change it, as it was a forged
one.
Cross-examined.—lt was nearly dark when I went
to her; she took the money out of a cupboard.
Mr. Hulme.—l know the prisoner. In March
last I paid her 33/. I never paid her this note.
Charles Allen—l am between 14 and 16 years of
age. lam an apprentice to Mr. Riddler, a tailor.
I know the prisoner; her son is an apprentice also
at Mr. Riddler's. On the 4th of May, I remember
going of an errand for Mr. Robert Carpenter; as I
was going I saw Mrs. Morgan ; she called me to
her. She asked me to go an errand for her ; I said
I would. She told me to go to London-house, to
buy some corduroy, calico, and flannel. She gave
me a 51. Bank of England note to pay for the things.
She said it was a .5/. note, and told me to take care
of it. As I was going on the errand for Carpenter,
I Passed Mr. Miles's, who keeps the Waterloo-
house. He sells the same description of things that
are sold at London-house. I asked for the things,
and. the shopman-cur them-off. I then gave him the
.5/. note. - On that the shopman went away with the
note through an inner door. He then came back
and told me to wait a little, which I did, till Mr.
Miles came in. In consequence of what Mr. Miles
said to me, I went with Mr. Miles towards Mr.
going, we met the prisoner;
I went to her, and stopped
Is
itlied dle r
called' s.
mAes
twoehleire r; e
with her, find. Mr. Miles walked on. The prisoner
asked me if 1 had been to Carpenter's, or if I had
got the goods. I told her I had, and the gentle-
man on before had got the bill. She asked in'
whose I said it was ; I said it was Mr. Floyd's, 01
; she then called me a fool. I had told the
shopman it was Mr. Floyd's, as she told me not to
say it was her's. As I had said the bill was Mr.
Floyd's, and as he was one of master's particular
customers,out of Hereford, and stayed away a fortnight all but
tv
She was to have given me 2s. for going.
I had gone
tla ay gone to change a note for prisoner before,
about
week before. When I returned to Here-
ford,
ent first to the prisoner's house; she told
\oouN I was afraid to go back, so I ran away
.