The Sun.
London, England, 1829-01-12 00:00:00

VICE-CHANCELLOR'S COURT.

His HONOUR upon taking his seat, to-day, proceeded to
give his judgment in Da BEA uvoia tt. RHODIIIit and had
not concluded when our paper went to Press.

ADMIRALTY SESSIONS.-(THIS DAY.)

OLD COURT, OLD BAILEY.

These sessions commenced this worming, before Sir C.
Roattsson, the Deputy High Admiral, Mr. Justice LIT-
'COMMA, Mr. Justice JAI. PARKS, and several Civilians
of eminence. Alter the Commission had been opened, and
the Grand Jury sworn, they were addressed by Sir C.
ROBINSON to the following effect :—" The present Sessions
were for the purpose of indicting punishment upon
persons who sbonlffi be found guilty of bevii% com-
mitted offences on the high sees, within the jurisdiction
of this Conn, and for discharging those who bra Jury of
their country should be found innocent He was happy
to be able to assure the Grand Jury that, is the present
Sessions, CAM only of minor importanee would be brought
before them. There were but few cases, and he believed
only one for felony, which be understood tract not intended
to be prosecuted. The others were for assaults, and it
would be for them to judge whether they were of such a
malicious nature, and 'nuked with inch strong characters,
as would justify thtni in visiting the offenders with heavy
punishment. Ile was happy the Grand Jury had little to
perform, and knowing as he did their active mind and in-
telligent understanding, lie had no doubt of their perform-
ing that little with satisfaction to their country, to him-
self, and their own consciences."

John Toy, .john Johnson, and George Stevenson
were indicted for assaulting Thomas Summers, the mas-
ter of the coal brig Ann, trading from North Shields, on
the 20th Nov. last.

Mr. CLARKSON stated the case for the prosecution.
Thomas Summers, the prosecutor, stated, that the vessel
was on her voyage to London on the 20th November, and
anchored, the wind being unfavourable, at a place called
the Black Tile Beacon, about two miles from the coast of
Sussex. There were many vessels there. The night waa
dark, and the vessel was in great danger. The three pri-
soners were apprentices of the owner of the vessel ; it was
the duty of Toy to be at the helm. They had been below
to supper, and upon being what ie technically called
" knocked up," Toy for sense time refused, but ultimately
appeared, swearing and blustering in a moat improper
meaner. The witness remonstrated with him, and upon
Dome impertiueut expressien being made use of, gave
Toy a slap iu the face. Toy then squared, and put
himself in a menacing attitude, swearing he would do for
the prosecutor. He afterwards ran to the cook-house, where
the eapstsn-hars ate kept, declaring be would cleave him
down to the deck. When arrived there, he called out Jack
and George to the two other prisoners. They all came up
together, and Toy had a capstan-bar in his hand. It was
with the utmost difficulty the prosecutor wrenched it from
him. Ile was then thrown to the ground upon his back ;
Toy got upon him and beat him very much over the face
and breast. Stevenson bad picked up the capstan-bar,
which the witness bad thrown down, with the intention of
striking him, but ene of the prisoners stood in such a posi•.
tion as to render it impossible. The witness had been vary
much hurt and spit blood, in consequence, for several
days. Not satisfied with this, Toy afterwards took up
an iron bar, and would have killed the witness, had not
some of the crew prevented him.
Wm. Stevens, the mate, was then called, who corrobo-
rated the evidence of Summers.

Christopher Ore, an apprentice, was celled to prove
that he had heard conversations among the primers, ex-
pressive of a determination to do for the prosecutor if they
could.

This was the case for the prosec►ttion.
The prisoners called no witnesses, but handed in a paper,
which was read by the Officer of the Court, in which they
stated it was not their intention to assault their master.

Mr. Justice I..yrri.no.u.n charged the Jury. He
thought no blame could be laid against the muster for
chastising his apprentices for improper conduct. If the
Jury believed the witaesses that had been eall4 the assault
was dearly proved against two of the prisoners.
The Jury found Toy and Stevenson Guilty,_ and acquit.
ted

There was another indictment against the prisoners
for assaulting Stevens, bet no evidence being brosght for-
ward, the prisoners were acquitted upon this charge.
Sir CHRISTOPHER ROBINSOIf sentenced Toy, consider-
ing it a cuts_ of an aggravated nature against him, to
imprisonment in Newgate for six, and Stevenson for four
months.

MIDDLESEX SESSIONS.-(THIS DAY.)

LONDON FREE PRESS.

THIC CIAO AT THE TILOSECUTION OF W. BALDEY

V. 14O1TNMOUSZ AND LOW.

Immediately after the Grand and Petty Juries Lad been
sworn this case was called on, the particulars of which
we have before published. The substance of the charge
en which the defendants were convicted was, by falsely
representing to the prosecutor that Colonel Jones and Mr.
Hume, M.P. were shareholders ia a weekly paper called
the London Free Press, by which means they induced
hint to purchase shares in that paper to the amount of
1501. Sentence was not passed at the time of the trial, the
defendants stating, that if time was allowed they could pro-
duce affidavits of Mr. Hume and others, which wenld prove
that the evidence on which they had been convicted was
false. These affidavits were produced on the adjournment
day, but Mr. Phillips, as Counsel for the prosecution, re-
quested time to answer them, which was accordingly
granted, and this morning Mr. Broderick prayed for the
judgment of the Court. He said the Court had first to
decide on the motion which had been made by the dc.
fendants for an street of judgment.
The CHAIRMAN said he was quite satisfied that the in-
dietment was good. He had paid great attention to the
arguments of Counsel, and read very carefully every word
of the affidavits on bath sides. The Court bad not the
power to grant a new trial, but there were certainly facts
disclosed in the affidavits of a very peculiar nature, which
materially weighed on the peiut at issue. The prosecutor
aud his wife had sworn to facto, and, if their evidence
had been geod, there could be no doubt of the vet•
diet being a proper one. The principal fact upon
which the Jury, no doubt, found their verdict, was the
prosecutor swearing that he did not know but what Mr.
Hume was a proprietor until after he had parted with his
money. Now this was met directly in the teeth by the
affidavit of Mr. flume, who distinctly states that be had
not only inform, d bins that he was net a proprietor, but
likewise that lie never intended to become one. Now this
was the great question in the case ; and if Mr. Balde,y's
evidence had,not been contradicted, the Court would have
thought itself bound to have passed a vet), heavy judgment
upon the defendants; but it had been eontradietei. He
would not go the length of saying that the defendants bad
proved their innocence (and, as lie said before, the Court
not having the power to grant a new trial, they must re-
ceive some judgment frem the Court); but he must say,
his opinion was, that if the facts now disclosed had cozen
out upon the trial, the Jury would have returned a different
verdict ; and if he had the power, under these cirourn..
stances, be would certainly grant a new trial.
Mr. ALLEY (Counsel for Lowe) hoped that the affida-
vits would be considered as off in mitirdiga of puttieh,
, went. . _

---
Mr. DUNN (Counsel for Northhcase) followed ; after
which,
The Cus.flaroaN said that tbo judgment of the Court
was, that the defendants enter into their own recogol"
ounces of 100/. to appear to abide any judgment the. Court
might hereafter think proper to pass.
The defendants were then ordered to enter into thkir
own recognizance" of 1001. each to appear, 1.1 called upon,
to receive judgment.

THE KING.--We are happy to give a very
good account of his Mejecty's health, although we have not
heard of his driving out for some days ; from the number
of messengers, however, that have been constantly going
backwards and forwards, we presume his Majesty has been
much engaged. There has been little company at the
Castle for several days. In the course of the week his Ma-
jesty received;a visit from the Bishop of Chichester. Mr.
Nash, the architect, a day or two back, laid before Lis Ma-
jesty plans of Buckingham House. The Duke of We:liug-
ton paid a visit to his Majesty this day.— Wildsor Ex.
preos of Saturday.
Deepatches were sent oil' on Saturday . even-
ing from the Colonial Office, for the differeat.Governora
of the West India Islands.