Star. — London, England, 1819-01-12 00:00:00

LAW INTELLIGENCE. COURT OF KING'S BENCH, JANUARY 11. SHAWE V. HORN AND ROBERTS. The plaintiff, a Coach Proprietor at Northampton, broutrlit his action upon two bills of exchange, one for £5O, the other for £235, accepted by the defen dants, who were partners in a very extensive stage coach concern, carried on at the White Horse Inn, in Fetter-lane. The question was, whether the defendants dii solved partnership in July, 1812?—It appeared that Roberts and Horn made a publication in the Gazette, 4.Which they dissolved partnership, and Roberts, for a, compensation of about £7,000, gave up horses, coaches, and stock, to Horn. Early in the next year he became a bankrupt, and the defendant took a small sum as a dividend. He now sought to recover the balance due to him, on the ground that there had been no real dissolution of. partnership. The whole, it was contended, was a false and undue tepresenta tion, calculatel to give Horn possession of the pro perty, to the injury of the joint creditors. The trial of this cause, which was distinguished by conflicting testimony, continued from ten in the morning till nine at night. The Jury, rifler quitting the box two hourS, foUnd a verdict for the plaintiff—Damages, 4:237. During part of this trial, the clamour was great in the outer Hall, that the C'itira: Juialcz found a necessary to say, he should the Oilicers if they did not exert themselves to suppress Cur noise. The 6:IERIFF answered, that it proceeded from a num!,er of Constables who were swearing in, this being Vow Monday. Air. Scant err.—" The City of London should have provided another Court, either for them or for us.' CHIEF JUSTICE..—" Perhaps, Mr. Scarlett, I may agree with you in that; but, however, as things are, at present, we must endeavour to tolerate this great inconv en ience." AnmIRALTV SrSSIONS, JANUARY 11. At two o'clock the Grand Jury, having lh . .n out four hours and a half, returned into Court, finding a trim bill :Against James Clements and John Drake, for murder, and a Bill not found against three, viz. Drwnr, Jain Drake,jua. and another. Ja-nes Clements and Joh:: Drake were then put to the Jar, and were arraigned for the murder of John M•Ar.lie, on board the ship Chapman, employed in conveying convicts to Botany Bay, on the 28th of April, ISI7. The Jury were then sworn in. Mr. REYNOLDS 'evened the pleadings. Sir Crimarlmuta }Zing's Advocate, then addressed the Jury. The case was certainly one of the greate , ,t importance in every point of view, involving some interesting considerations rela tive to the law,. which he admitted, at the same time, wcre of as dirricn a nature as ever came be fore a C,nir: of criminal jurisdiction. Ile then went over the evidcnce. The following witnesses were then called for the Crov:n: Terence Kcarnan, was about to be examined by the Attorney-General, when The' Common SERJXANT, as Counsel for the pri soners, requested that the deed, on which the pardon hrar.ted to this and other fourteen convicts, should e read, as thereby the Jury would be better enabled to see what credit was to be attached to them as .rues This was agreed to, and the instrument was then read, by which it appeared he was convicted of Grand Larceny at Drogheda, but had been since pardoned. Witness examined—Was shipped on board the Chapman at the Cove of Cork, in March, 1817, to which he was conveyed by a small vessel. Above twenty were brought in the same way. There were about 200 in all on board the Chapman. Knows the prisoner Mr. Drake, who. was. Captain, and he knows Clements also, who was a soldier on board. Sailed from the Cove in March. When they bad reached some distance from St. Jago, some convicts were killed. Thinks this was about the 17th of April, but cannot be positive, as he never was above. Some were brought on deck about that time to have their irons examined. Some of them were found broken, and his own among the rest. There was a great alarm of tiring on the 17th, and also another night, which was the 27th or 28th, about dusk in the afternoon. The convicts were confined in the fore part of the ship, which was fitted up for the pur pose between decks. Witness was in his birth when the tiring commenced. Heard Clements say some thing, but Drake said nothing. Heard- Mr. Baxter say, " are you there, Clements r Clements said, " I am." Baxter said, " raise a false alarm, and we'll kill them this night, every b—r of them."— Clements answered, " I will; but it is too soon— wait till the Gentlemen go to bed, and we will have more time to play at them." Baxter said, "itis a fit time, as the Gentlemen are all in the cabin, and when you begin, don't be commanded by Doctor, Captain, nor any one, and I will he accountable for you." Witness heard a sound, which he supposed to be a ramrod. Clements then went to the hatchway, nearly under which was the witness, who lay next the top deck. Clements wel some expressions about " Irish," and said he would let go, on which he put the muzzle into the skuttle ai:tl tired. A firing then commenced from different quarters into the prison, down through the hatchways and skuttle. It con tinued, he thinks, an hour and a Lalf. No firing had been from the 17th to the 27th. Witness re mained in his birth. Some time after this, he saw Baxter with some soldiers come into the prison There had been a cry of some person being wounded. Deceased was his messmate. Deceased was found dead in his birth. Saw him that night, and examined I his wound next morning. The ball had penetrated I-is private parts, and gone up through his body. lie had a wound in his foot. Witness cannot tecol lect others who were wounded, as he was interested in the melancholy fate of his comrade. Cross-examined by Mr. COMMOS SERJEANT —The soldiers were below deck, but Clements was above; has never been in jail except at Drogheda, for the offence for which he was transporte d; never heard of any locks being picket' in the Cove of Cork. Lights were put down the hatchway, as he under stood, to she them where their births were ; knows Crawley, one of the ship's crew ; does not know of his being in irons till they sailed ; saw five or six pair of the irons which were broken; he broke his witnesses. own by two broom-sticks ; being shewn a knife cut like a saw, he thinks it would be serviceable in cutting irons ; witness broke his irons before the ship reached St. Jago. He had fresh irons put on be fore the 17th of April, which remained unbroken till he was landed at New South Wales ; will swear that there were not WO on the 17th whose irons were broken ; to his knowledge none were broken that, day; saw a great many broken before the 17th.— There were a lever, some iron hoop, and some tin, in the shape of the knife, found in his birth by Cle ments ; witness was flogged about the time ; the pri soner had no knives, but used these as knives ; wit ness saw several flogged ; spoke to Dr. Dewar in Latin, who ordered him a double flogging, saying he was a good scholar but a d—d rascal ; never heard an oath taken by the prisoners, but Dr. Dewar told him that he had heard such had been done, and that the prisoners meant to take the ship. Collins, who was re-, , ported to be the person that told Dr. Dewar, was him self a convict; Baxter died on his passage home-, , wards. He understood the firing was not wgo on Jill the Captain and all others who had the command i of the ship were gone to bed ; they had wine on board occasionally; it was dark in the prison when the firing began ; did not see any attempt made by the convicts to escape; heard this reported by the sol diers and sailers; does not know that five of them confessed having made such an attempt ; was intended by his father to have taken holy orders in the Church of Rome. By the Coeur—Did not see Clements fire thegun, but only heard his Yoke. Has no idea whether Cle ments shot the man M.Ardle. All the convicts were well used before the 17th, but more rigorously after wards. Witness was brought back to England by a Captain Gill. Thomas Kelly, another convict, examined by Mr. G z::.i.Lb;--Was put on board the Chapman in Mardi, 1817 ; recollects the firing on the ]7th of Arra; he slept in the birth above the last witness; his birth was changed after the firing ; he was put in double irons. All the convicts were in bed on the 27th and 28th, at eight in the evening. Heard Clements s:iy, " Who is that talking Irish below." One prisoner "No person is talking or making a noise." A person above (he believes it to be Clements) said, "he quirt or I'll let go." He then fired, which wit ness heard, and saw the flash of the gun. A g,nicral firing then took place in a minute or two afterward.;, several, and he among the rest, vied out for limey. Witness's !mother was killed, as was John ; witness was severely wounded. M , Artile lay next birth to him and called for water, afterwhich he died. Cross-examined by Mr. ALLEY—Was convicted in Dublin ; has been tried twice befo7e; came home in Captain Jones's ship, and Captain Gill was on board the same vessel. He n:us: have heard any talking on • bOard. Witness had his irons examined on the rth, but they were not broken, though he had 'ora..olF. Witness Was flogged on deck ; saw twenty punished for having their irons broken. Neve, said to Woods that Francis 1..!1cy had procured 53. to furnish pistols to shoot the Dn. tor; never saw a Bible found con cealed; does rot know of .any oath being taken to murder the crew and seize the ship. Heard nothing of the firing being desired to be postponed till the gentlemen had gone to bed. Micha,:l%l7cod (examined by Mr. REY %otos; a con vict, was ship Fed on board the same.ship. Ills birth was near the main hatchway, and he was the last person out of bed on the 2 it% of April. Heard some, conversation in a!)out a quarter on an hour after he went to bud, by Clements, who said there was a noise and he would let go, and he then fired. Witness could hear no person on deck but him at the time. His voice came down the scuttle. The general firing might continue above ,an hour. Saw decer...ed nest morning. There was no noise nor resistance what ever below. ICross-examined by Mr. Cu:moon—Was convicted in Dublin. Was su near or. the night in question to Clements that he could easily hear him. Heard no other voice at that time. Never beard an alarm about :my locks being picked, while they were in the Cove. About the 17th the irons were examined, but his were entire. About 34 or 35 had their irons off. Dr. Dewar ordered them off, and yet ordered the men' to be faggedAr havhig them of Never saw an oath, or heard of one being taken in the ship. Knows Murphy, but never said that Murphy administered oaths. Did not tell Warburton last Sunday week, on board the hulks, that there was a conspiracy to murder the Captain, and seize the ship. Nei er spoke to Kelly, the last witnes , , about any pistols. and never said to any person any thing of that kind. John Brown,. examined by the KING'S ADVOCATr. Was one of the soldiers on board the Chapman at the. time. Remembers the firing on the 24th of. April,' as he was on guard that day. lie did not see it begin, being then in the cabin, and he heard a great rushing down below. Came out, and heard that the convicts had got upon deck. Heard such a rcise as never was before in the ship. Cannot say whether it was a general firing or not, but it did net con•:rate, he thought, more than ten minute-J. Did not. se who tired, as it, was dark. Saw Captain Drake, afLer the tiring, on the quarter deck. Cross-examined—The soldiers slept nearly weeks on their arms for fear of being murdered by the con victs. The guard and crew were several times turned up before the 17th, on account of attempts to break the prison. Crawley, one of the ship's crew, was put in irons, and kept so all the voyage; as were also Lucy and Nelson, two of the crew. Picklock-keys were found on Crawley. Nelson was detected in con versation with the convicts. Did not believe his life was safe all the voyage. Saw Murphy confined on the poop after the first firing, but he is not sure whe ther he was there after the socond firing. George Cooke, a private in the 46th Regiment, was one of the soldiers on board. Was at the fore castle when he heard the report of a musket, which came from the after part. The men were all on the neck, saying the convicts were rising. Did not see the Captain till after the firing, which lasted ten mi nutes, had ceased. Did not know that any orders were given to fire. Cross-examined.—The ship would have been taken and the whole murdered, had they not fired in self defence. Heard the convicts say, " Fire away, and be .I—d to you, till your ammur♦ition be gone, and we will get the ship. We want no quarter, and will give none." The convicts brokt down the door by a violent rush towards the bulk head. There was only a bulk head to the magazine where the arms and wnmunitibn are kept. Had they obtained this, the ship would unquestionably have been taken by the convicts. Kn^w Collins, one of the convicts, who said, there was a conspiracy to seize the ship, which would have taken place when they were at St. Jago, only the Northumberland hove in sight. They in tended to murder all but the Chief Mate, till he ran the ship to some port, when he was also to be killed. Some of the flints were stolen out of their muskets ; some locks carried off, and ten rounds of ball car tridge. The ship was to be attacked when 17 of them were on deck. It was prevented by Leo, a convict, being handcuffed and hard ironed. There was a faint attack made by one party of them. This closed the case for the prosecution on this in dictment, another being before the Grand Jury. No evidence being against Captain Drake, the, Learned Judge (Mr. Justice PARK) did not think he should call on him for the usual defence. The Jury did not think Clements should be called for his defence. _ _ _ Mr. Justice PARK said, that since such was their 'opinion, he would of course be saved the necessity of laying down the law on the case. Indeed, it was the opinion of Sir William Scott, Mr. Justice Best, and himself, 'that they could harldiy have come to a different conclusion, considering the very contra dictory evidence which the three convicts had given, for more contradictory and incredible declarations had never been heard in a Court of Justice. lie con.' sidured the conspiracy on board this ship to be fully established, and the• men were certainly justified in tiring in their own defence. The Jury found them both—Not Guilty. Mr. Justice PAI:K thonOt it his duty ro observe, that he thought the conduct of Government had been exceedingly praiseworthy, in bringing su7ll a case as this before a Court of Justice, and in taLim• the in finite pains of recalling these witnei,es from transpor tation, who had this day undergone an examination. The Grand Jury then presented a true Bill found against Captain Drake, illezoinkr Dewar, the sur geon, and Chrieloplier lin.stard, for murder. Mr. Deuar having surrendered himself, was, with Cap tain Drake, remanded to Newzntc. Bail was Offered, but rejected by the Court. A trui. bill was found against Thomas M'Donald, for an :vault, with intent to commit a rape. This and the other trial will conclude the present sittings. Clements, who is a soldier, was oriered to be dis charged, and the three convicts who had given evi dence .were ordered to• be kept in custody till to morrow (this) morning. The Court then adjourned. POLI,CE. MARLPOIZOVf.:Tt-sr Rm....Yes:et-Jay Francis Wash!, a well-known character, was charged with cutting away from Lehind a post-cliai.4e, in Hyde Park, a travelling portmanteau, the property of Captain Do harty. This felony was committed in the middle of the day, and a Gentleman, wliu was tiding in the' Park, haling wituessed the act, gave infointation to the post-buy. The thief was making across for Grosvenor-gate, when the post boy took one of his horses out, and pursued and took him with the pro perty in his possession.—He was fully committed for trial. Limos Hatt..—The Borough of Southwark has been infested by a daring gang :of villains recently, whose atrocities have been of the most outrageous description. 'Saturday night, six of these desperate characters rushed into a public-house is Kent -street, where a respectable man was sittiag, smoking bis pipe and taking some porter; they knocked him down, and two of them held him while the others rifled his pockets of some silver and a silk handker chief, and made their escape. Yesterday one of the robbefs, whose name is George Scr47e . y, was appre hended, and fully committed for trial. QULBS-SQUA It E.—Yesterday IV loam Carr was brought before Mr. FIELDING, the Sitting Magistrate, on a charge of robbing the premises of Messrs. Col ville and Son, Nurserymen, in the King's-road, Chel sea, on the preceding morning. William Billingsby stated, that he was in the employ of Mr. Colville; he slept in a room adjoining the carpenter's shop ; about three o'clock yesterday morning he was roused out of his sleep by hearing a noise on the premises ; he got up and went into the carpenter's shop, where he saw the prisoner, and called out to him, if he did not surrender he would shoot him with the blunderbuss he held in his hand ; he then seized the prisoner, and a scuffle ensued, in which the.prisoner got the blun derbuss out of his hand, and, springing backwards, be pointed it towards him, and pulled the trigger, bat fortunately it did not go off, and he flung it over the paling, and ran away. Witness pursued him about three hundred yards and came up with him,. when they grappled again, and the prisoner a second time overpowered and got him down. He then at tempted to choak him, (of this violence witness had marks upon his throat,) but the watchman came up, who secured the prisoner with the assistance of others, and conveyed him to the watch-house. Mr. James Colville stated, that on hearing the last witness call ing out for help, he got out of bed, and called " Thizves," and " Mulder," from the window of his room, which brought forth the w atchman. There k were various articles of property outside the door, ready to be carried away ; and all the tools were near the door, in the inside, for the came purpose. A new pump, value about £S, wis found cut in pieces, some' distance from the field, which had been safe in the house that evening. The premises had been recently robbed of consid - erable property. Maybank, the watch-house-keeper at Chelsea, produced the crow bar with which the door had been broke open. Mr. FIELDING observed, that it would be necessary to Ihave all the witnesses who h a d an y k now l e d ge o f t h e affair present, in order to have such evidence as would be requisite bound over.—Remanded. Yesterday a fine little girl named Catherine Leo nard, five yews of age, the daughter of poor labour ing people residing in Inner Compton-place, Hunter street, Brunswick-square, being left alone in the room, her clothes caught fire, and she was burned to death before any assistance collie( be rendered her. An Inquest was held on Saturday, on the body of 7'. Marlin, 11.1stshing-parser, who was found. Insensible on the steps of the Surrey Theatre Coffee-house. His face, hands, and feet, were quite cold, but he was till warn about the heart. A surgeon mu sent for, who asked who was to pay his fee? Being told no one, he opened the deceased's eyes, that them again, and walked away. He refused 0 attend the Inquest, until sent for by the Coroner, when he said he had a right to his fee ; but that be could have rendered no assistance to the decteped, as he had been dead some time before he sun him. The declined was a hard drinker.—Died by the visitation of Goo. HIGHCOCRTVJUSTICIARY,EDINEURG, Thursday the Court met. The Lord Justice C: addressed the Lord Advocate, stating, that the had heard with horror the shocking and dis , 6 -rac, procedure which had taken place on the sues:‘ this city on Wednesday, the filth of Decernher on the occasion of the execution cf Robert Johnst, The Court, before they felt themselves disposed interfere, wished to koo‘v what -.vas the result of , investigation his Lordship had instituted in col sequence ? ' The LORD ADVOCLTE stated, that having he: of the proceeding, next morning he had ordered Procurator Fiscal to apply to the Sheriff of County to investigate minutely into the whole 'cumstances, and that investigation was going although not vet so complete as to enable him to it before the Court. He had also applied to the gistrates of Edinburgh for a statement of the ceediags, which had been furaished, but was complete to be laid before the Conit. His Lord said, he agreed ent!relv with the Court as to shocking and disgracel,liprocedir e which had tad place, upon reading the account of which, in public prizts, he was very mach hurt indeed. I Lordship, however, was happy to state, that Magistrates of Edinburgh had no concern slith step which was taken to bled the unfortunate in: none of the Magistrates were present upon the ( c shin, acid the person who did so, with the V:2:; ascertaieing whether he was do.t.i or alive, no 0: - Llers to (10 50 tiont nay of the Magi,:...7" Lor,:sliip took this public o - pportu:.ity and assured their I.ordships that every infotm . should b,l laid bcfor." them. The Loan JUSTICY CLY.P.K.—The Court certal; expects, my Lord Advocate, .the fullest investiga: on this painful subject. The Court then proceeded to the trial of John 1. k fitiltrue, accused ci murder, by attacking James Pin ur Bourman, on the 3d day of April, 1818, at Cr( foot Glen, in Dumbartonshire, with sticks, stones, otherwise inflicting upon him many severe wou. of which he died. Macfarlane pleaded Not Gui Archibald .11 , Alister saw the deceased lying on outside of the hut, very much intoxicated, with b; ' his legs tied to a bush. When he i'rnposed to him, the priconer 01-jected. Witness and anoti) man, however, loosed him. Saw the prisoner him and James Dunn together by the arm , Went away with prisoner to a house about a mile tint and drank some whiskey. On their return, fol the deceased lying in the but nearly naked, ant boy with a switch striking him on the bare slicialdl He then fell asleep, and on again waking saw boy continue to switch. him. The deceased swearing at the boy, and calling for more whi...e When he finally awoke in the_ morning the ciecv was sittipg with nothing on but his trowsers draWers and shivering with cold. A. Cochrane saw the prisoner tumble the decent down, and he rolled about a y ard down the Lr Saw a boy give Burns a blow in the face. Saw Ea fall twice dowr. the steps into the hut, the mond t 'be fell backwards ; the steps are about 18 inches.l.l . There were a good many stones about the lint. 'l prisoner was more intoxicated :Iran the deceased. sitively swears be never saw the prisoner maltreat deceased, except pushing him away front tir, still. The SOLICITOZVGZNERAL said, be would rtt cried farther with the case, but would leave it wi the Jury to return a verdict of Not Guilty or N. Proven, as they thought proper. The Jury, without leaving the hex, returned tht verdict—Not Guilty. The LORD JUSTICZ CLERK, after a suitable :tarn , nition to the prisoner as to his future conduct, missed him from the bar. NEWGATE asp LE iIIENHALL 11.1 ItK ETB, Jan. (By the Carcase.) _ _ . , . See 38 6d to 48 ILi I Veal .........4. 4d to es Mutton 4s 01 to 4s ild Pork .........51 ed to Gs PRICES or HAY AND STRAW YESTERDAI. sr. JAM es's. W HITECIA TEL HIT CS Od to 81 ea Od Hay— 71 Os to el es Straw 21 17s Od to 31 es Od Straw 21 121 to 21 les Clever 71 7s 04 to *1 Ila Od 1 Clover 81 8s to 91 9, NEW RAGS. PRICE OF HOPS. NEW POCKETS. Kent Sussex Essex Farnhara t to ill Kent Sussex 5l Ss to 61 Os Essex Foreign PRICE or TALLOW, SOAP, arm CANDLES. St. Jamees Market 4s 9d Town Tallow 79s I Clare Market WhitechapelMarku 4s stl White ditto ...... ... .....70s (per stone of Sib ) l Soap ditto 70s Yellow Soap, 100s—Mottled, 112s—Curd, 116—Palm ill Candles, per doz. 14s Od—Moulds, 15s 6d. COAL MARKET, JAX. 31. Ships at Market. Ships sold. I'rice. 454 Newcastle 104 35. Od to 44. Od 134 Sunderland til 346 94 to 42i kJ MARRIED. Monday sennight, at Alrerstoke, Lieutenant W. B. Marlow of the Royal Engineers, to Catherine, eldest daughter of I.: hlulhollan, of Gosport. At fife Municiludity, Paris, Miss Harnmet, daughter of t late Sir Benjamin liammet, of Lombard -street, to Al Hen:; klontes.quicu. Dee. :19, at Ford Path-head, Captain Ron: , Tudinburill Militia, to Frances, daughter of the late Mr. Jzmes Tc.rrlpz, DP:D. On Tuesday evening, the Sth instant, at Bury, in Lancaabi: Mrs. Haworth, aged seventy-eight rears, relict of the late .1 , than Haworth, Esq. of Aytenn-street, Manchester. Feb. 19, on board the Thomas Cutts East-Indiamaa, 0 2 . 4 passage to Bombay, Cranford Swintob, sou of Mr. Swint merchant, in Grangemouth. August 21, at litdlary, Eart&lndies, of cholera morbus, :Stet 13 years residence in that country, Mrs. Hands, wife el the Res J. Hands, Missionary, formerly of Gosport. Jan. Charles Thomas Keilove, elfine son of ts.e I:sto Rev C. T. Kellow, Rector of Codford St. Peter's, Wilts ; and on t following day, the infant daughter of :he above C. T. Kellow. Dec. ls, at Stirling, Elizabeth ofaitlend Girvan, eldest daugh ter of the late Rev. Mr. Girvan, MiMster of Lanton, Berw; shire. Dec. 28, at Glasgow, bliss Blizzbeth Buchanan, daughter the deceased George Buchanan, j in. Fig. late one of• the Magis trates of that city. PRICE OF STOCI Bk. Stock Reduced 78U I Cons. 771 t 3 per Ct. 871 4 per Ct. 0.5i4 Navy 1051 106 'KS YESTERDAY. Long Anns. 2.01 3-16 India Bonds 90 86 pr. Exch. Bills 19:.'0 Own. pr. Cons. for Ac. 791 Lottery Tickets £27181 LOVV: Printe4 ar d publitha4y Lmvst Xxxv, Picke tt Race. Terqplelbr. • cr.l, : j e f td ze kr earl Cc ; . sts cf s r, art 131-4 Ft tte do alts t!:e e mu! • ;eel et llis d 101 lialy is Lt:ua Ite -11 trns zy. :he • bteit t:e Is.— mr.d Id a r the key. • a:A ate! • :the 1. 4-1:h heir 11110• dis. It. 441 . K od ed laud I Os O s 1 12 6 1 s 95 6d 55 Cd od ('d - od Mn. Yd s • F the er,:y lurik :Ste? Reb 'lee n the w. tughe wick- et- of fazis- .Bl. r ) t 't ii" ' 1 . 1 .,..