The Sun. — 1844-11-06 (London, England)

DBNMAN----It is a great misfortune that this, the first application made of this very important Act of Parliament, which may affect the administration of justice throughout the whole of Europe, should be made in such a very defective manner. We have no power to interfere. The gaoler has no power to detain this person, except what is given to him by this Act of Parliament ; and when we look to the wording of the Act of Parliament, we find that in this case the directions of the Act have not been followed. It is clear he cannot be detained. We have been applied to to remand him as having been guilty of some crime. We can know nothing of the commission of any crime except what appears upon the warrant. We have no power to take cognizance of any crime committed in another State, except under the provisions of the recent statute. It would have been unnecessary to pass that statute if we had possessed such a power as that which we are now asked to exercise. It should be distinctly understood that this writ of habeas is issued under the common law, and not under the Act of Charles 11. or George 111. The writ was , secured by the petition of right, and was known to the law long before those Acts were passed. The prisoner must be discharged.  Three men, named Sadd, Clow, and Vaughan, were brought before Alderman Wilson for final examination, charged with having committed a murderous assault upon an active constable, Locke, who attends at Nicholson's-wharf, in Lower Thames-street. The complainant was assisted into the justice-room by a policeman. His head was bound up, and he seemed to suffer extremely from internal injuries. At one time his life was considered to be in imminent danger, and he is still in a very serious condition. The complainant stated that on Saturday, the 26th of October, as he was taking a man from N icholson'swharf to the station-house, whom he had taken into custody for drunkenness and, causing obstruction to business, his prisoner began to be very violent upon reaching Thames-street. A mob collected around him, and a constable walked up to his assistance. When he reached St. Mary-at-Hill, the mob became violent, and forced him away from his prisoner and the constable, and he was knocked down and kicked. While he was getting up he was kicked on the thigh by the prisoner Sadd. " I told Sadd," continued the complainant, " that I should know him, and have him when I got out of the mob." He threatened to do for me, and excited the mob by calling upon them to kill me. I was afterwards knocked down, but I don't know by whom, and when I got up again I was struck, by the prisoner Clow, in my face and eye. I was then knocked down almost senseless, and kicked all over when down- The prisoner Vaughan also excited the mob against me by calling upon them to kill me. After I had been taken to a surgeon, who applied leeches to my face, I went, with the assistance of the police, to Thames-street, to look for Sadd, and I found and took him into custody at the bottom of St. Mary-at-Hill. He said to me, " Don't take me, and I'll tell you who hit you." afterwards went, assisted by two officers, to Dockhead, and took Clow into custody, and he acknowledged that he had struck me. I have been very ill since from the injuries I received, am.l have been confined to my bed. I began to spit blood on the same day, and have continued to spit blood up to yesterday, in consequence of the kicking I received, and I hist my sight for several days. I cannot sleep at all. Sadd said he had never kicked the complainant at all.  Mr. Baton, for Clow, said he should re:serve the do. Fence of his client for the trial.