Star. — London, England, 1818-01-24 00:00:00

THE ARMY. F GENERAL OFFICrRS, !E ARMY LIST OF NOVEMBER, ISM, AD, OR HAVE RETIRED FROM THE ARRVIEE 100---LIETLE MORE THAN SEVIN VICARS: J. Sowerby D. M'Domild r. Champagne lingonin iF. R. Humphreys~i. Amherst / Ir. W. Este R. Aytoun W. G. Grace R. Garden J. M'Grath W. T. Harwood A. Keith G. Stewart A. Shaw G. Dyer •.1. Hay Sir J. Douglas T. Hall W. Paterson J. A. Vesey F. M. Sproule W. de Dorenberg G. D. Drummond R. Hulse • llon. E. Pskenbam R. Gillespie •U. 11`Kinnon Wynch J. Baird W. Wheatley 1. Ross 0. T. Jones Richard Lvi W. Tomlinson W. S ay H. Davis W. Brooke Hon. W. Ponsonby K M Donald ' 1 W. Doran H. Smith C. Robinson W. F. Spry .T. Brown H. Cuyler •J. B. Sherrett J. A. Stuart J. Picton W. M'Caskill . G. Wilson J. Crowley T. C. Elrington W. Lockhart • R. Ross lion. W. Blaquiere W. H. Campbell J. Fraser •S. Gsbhs D. M'Donald Sir W. W. Dalling W. Bray J. Willock M. E. Jacobs N. Peacock T. Steele P. Maxwell R. Young C. Browne T. Inglis • I'Sir W. J. Myers •t Arthur Gore 1 . lon. W. Molesworth Stuart tT. Mellor j.T. T. Ilardysnan H. A. Seymour I.W. Kent IF. Grose 111. R. Gale \V. Ramsay IL Skerratt C. Campbell Sir G. Prevost A. Whetham W. Johnstone Y. r... Gower A. Abercromby J. rveleigh .3. T'newles ldr. C.irr.. - .kliael •••nr J. Leith *sir T. Picton J. I lendersnn ISir W. Erskine r Stvrliens V. de Wat.teville \V. (life !H. Brereton !T ard :Montgomery INN'. Balfour i ..I. I lodglon ll'. Stevenson 'I,. Bradshaw G. \V. I'. Harcourt 'W. P. Aciaral J. Sontag Richard Stew..rt. A. Burn Baron Back W. Clr.•nt Sir M. Burgoyne 4 1). Hatigh•on .B. F. Bowes A. 'Lillie A. W. S. .I. Callow Sir J. Callander G. Brodie D. linbertson J. Meredith J. ArDcrmott W. Dickson l T atics Robertson Sir C. Shipley J. 0. Moore . 31‘Dermott !T. Taubman H. de Berniere Earl of Landaff B. Fisher /*.f. C. Le Marchant 11. M. Iladden 1 .1. Dornot l*lsalc Brock I'M Crawford J. Wood H. Churchill ID. Collins I• T Dunbar Total of 210 in the above period. marked *, were killed in action; and the d or were killed acting Brigadiers. ~_mM Order is now issuing from the War- ALMERSTON, and addressed to Offi r Regiments, viz.: tur to transmit to you the accompanying ion, which have been framed with a view ng to the Mil:tii from entering into the ;nify to you the pleasure of his Royal High mr, that in fu&ure the same shall be annexed each recruit, as no additional voucher for it of Levy-money." NOTICE. s enrolled in the Militia, and who, upon o the Army, denies that be. belongs to the on conviction before a Magistrate, to be for six months, over and above any penalty Leh he may thereby incur for obtaining money RATION OF VIE RECRUIT. hereby acknowledge that the above Notice is me, and that I was strictly questioned by did or did not belong to the Militia? and id not : I do hereby declare that I did not vf belong to the Militia." • the state of the Duke of YORK, yes t his Royal Highness continues to get CLARENCE has happily made great feet recovery from his late attacic.— ghness was among the dinner party, ie Pavilion, Brighton. of IfEssn, Duchess of CAMBRIDOZ Lnd-daughter of the second daughter Lnd is the fifty-niath heir to the Crown )uke NICHOLAS of RUSSIA and his visiting England early in the ensuing . iperial Highness, on his late visit, he r:loured of this country. ith much concern, that the amiable 41NGTON hasbeen seriously indisposed , arising from a dreadful actident, no reaking one of the tendons Achille.— e occurrence arose in a singular way. are the facts Grace was read ntt her illustri , ,us husband, in which !ss thaw forty hours after the receipt ein London." fhe Duchess had pro r, when in burst the Duke. In the to receive hi> welcome embrace, she i., but unfortunately one of her feet la with a table or chair, she fell, and cidert aboye related. A series of hys d, and her Grace did not recover till to bed. The !its arose from extreme ~ ult of ill healtl• for a long time past. iterdav way , that the Duchess was ier bed. at still 2.3, • amply ccmpen• ite.nent of the audi ious to tile I , ss of a hstructiv.2 e, Chiefly relating to as r.. - -r.stituting an es . fur Lt.: do s;;elce of Perspective. Painters, pa:-.icu:arly interested in this sub under three viz. ! , 4y kght. and sun-shine. The subjeLt by c•a - .c-Hes, as cell as by lucid ex u-as thereby rendered as was consistent with the ab le t LAW INTELLIGENCE. COURT OF CHANCERY, JANUARY 23. This being the first day of Hilary Term, the LORD CIIAXCELLOR, attended by Sir T. PLUMER, Master of the Rolls, Sir J. LEACH, Vice-Chancellor, and the other Judges, came down in the usual state to Westminster-hall. His Lordship, on coming into Court, intimated that no appeals should he heard newt week in the House of Lords, and that during the Term, he should hear not!ing in the Court hut appeals and causes for further direction. The other business of the day was totally unimportant. COURT OF KING'S BENCH, JANUARY 24. APPEAL OF MURDER. ASHFORD V. THORNTON. In the Sittings last Term, Lord ELLENBOROUGIi having fixed this day for the farther hearing of the parties in this important and interesting cause, the Court was crowded to excess at a very earl•- hour. Justice HOLROYD entered the Court about half-past nine, and proceeded to hear ordinary motions until ten, when Lord ELLLKBOROUGII, and Justices AB BOTT and PARK took their seats on the Bench. Mr. READER, the defendant's Counsel, then rose and moved the Court on behalf of the defendant, that the Clerk might be allowed to read the Replica tion to the Appellant's Counter-plea ; and at the same time stated, that the defendant was present, and ready to verify by affidavit, the whole of the facts stated and set forth in the said Replication. The Clerk of Court then proceeded to read aloud 'the Replication, which, in the first place, denied that the allegations made by the Appellant, in the Counter plea, were such as ought to deprive him of his right of Wager of Battail, agreeable to the law of the land, because, &c.—(Here the whole of the evidence ad•• duced by the Defendant on his former trial was re cited at great length).—And because the said De fendant had'already been indicted for the said crime, and tried and acquitted by a Jury of his Country, &c. —(The Replication is very long, and recites all the minutia of the proceedings on the former trial, names of the Jury, &c. &c. &c.) When the Clerk had concluded, Mr. CLARKE, the appellant's Counsel, rose and moved on the appellant's behalf that he might be allowed to see the Replication until Thursday next. Mr. READER—To this I can have no possible ob jection. Lord ELLEXBOROUG - ll—Then let the Appellant see the Replication until Thursday. Let the defendant be again brought up on that day. The prisoner Thornton does not seem to be in the least depressed in spirits, and conducted himself with great apparent confidence. Both he and the appel lant were very genteelly dressed in black. Among the audience were a number of Ladies !! Hilary Term commenced yesterday, an,? the returns from the different gaols, hulks, &c. under cognizance of the Court, were read as usual. HABEAS CORPUS SUSPENSION. John Roberts, John Smith, Francis Ward, John Johnson, James Knight, .Samuel Brown„John Bagully, and several others,. late of Manchester, Derby, &c. appeared on the floor of the Court, ai.d claimed to be heard separately. John Roberts, of Manchester, said, that he had been confined in Gloucester gaol, under the Habeas Corpus Suspension Act, and had been liberated at the beginning of the present month, under a recog nizance to appear in the Court of King's Bench on the first day of this Term. He wished to know if Lord Ellenborough had any charavainst him? Lord ELLENBOROUGII-" I a charge against you ? You must couch your application properly ; I haie no charge against you." Roberts—" Then, will your Lordship counsel me what I am to do, and where I am to obtain redress for my unjust imprisonment ?", Lord ELLENBOROUGII--" I am a Judge, not a Counsel. You have appeared, ind therefore you have satisfied your recognizance." William Gill—" I appear in this Court pursuant to an agreement I entered into on the 20th of No vember last. I belies eit is called a recognizance. It bound me in 1001. to attend here this day." Lord ELLENBOROUGH-" You have then attended, and satisfied the terms of the recognizance." (iill—" I won't detain your Lordships long. I suppose you are acquainted with my case, and what lam charged with. I think it necessary to state the circumstances that have brought me here." • Lord ELLENBOROUCIF-" We have nothing to do with it. You were required to attend the Court, and you have attended. If we were to hear every person who addressed irrelevant matter to the Court, the Term must be extended to twice its present length." Gill—" I was taken f: orn my bed in the midst of the night, and hurried to a lonesome dungeon:- Mr. Justice BAYLEY—" Have you any affidavit ?" Gill—" Yes." Mr. Justice BAYLEY—g , What does it state ?" Lord ELLEicaonouGH—" What do you call for ?" Gill I call for a trial." Lord ELLENBOITIOUGII—" You are hound by your recognizance to appear in Court, and your appear ance will be recorded." Gill—" I have come 130 miles, having horrcr.ved money from my friends for that purpose. I am now without a farthing in mypock?t,and I seek redress." Lord ELLENBOROUGII—" Proceed with the pe remptory paper." Vrancis'N'ard—" I move for a rule that I be dis-I charged from any recognizance into which I entered on the 13th of November. That recognizance calls on me to appear on the first day of Term, and after wards from day to day. I call on the Court to dis charge it." Lord ELLE:vsoitoucit—" You have appeared, and fulfilled it." Mr. SCARLPTT—" I think there is a mistake in this business. The Magistrates who took the recog nizance, I •apprehend, said to the parti !s, that it bouni them to appear on the first day of Term, if 1 equir:d." Lord ELLENBOROUOI.—" They have not call ed on to appear. It is a voluntary intrusion—and I will lose no more time with it." John Johnston—" I have come from Manc7iester, and am placed in circumstances slniiiit: t..t chose of the persons who have preceded me. But, lest it should he said, as the Learned Counsel behind me has done, that we have migaken this matter, I shall read the recognizance I entered into : Exeter Gaol, January 5, 1918. " You are to make your appearance in his Majesiy's Court of King's Bengt, Westminster, on the first day of neat Term, to answer alLettch matters and things as, on his Majesty's behalf, may be objected against you, and so, from day to day, and not depart the Court without leave, under pain of forfeiting your recognizance of one hundred pounds." fsi g ned this, and I ask whether my appearance here this day answers this recognizance ?" Lord ELLENpOROUGIT—" Is there any person here requires him to attend further, on the part of the Crown? You need not appear here again, unless called on. But 4 e recognizance has a continuing effect, if it be act,:d on." Johnston—" That is not satisfactory to me. Such a situation is grievous to me, though not to your Lordship. I must, according to this instrument, at tend from day to day, which neither my pocket nor my business will allow." Lord ELLED;BOP.OUGM--" Then you want to be discharged from its operation ?" Johnston—" Yes. If lam discharged there's an end of it. If I appear to-morrow with an affidavit, will that be sufficient?" Lord ELLENBOROUGII—" I can say nothing of what will be sufficient, till I see what is proposed. If you appear to-morrow we can decide on what you propose." Mr. Justice Bnytr.v—‘ , You have entered into a recognizance, 'and we cannot change the effect of it. If it continue for a year, you must cume whenever called on. You are not discharged when you appear once." Johnston—" But 1 may go bask, and be again brought up 200 miles. Is the recognizance to be kept in terrorem over my head, as much as to say, that, unless lam a good lad, I shall be visited by the power of the Secretary of State?" _ _ Cord ELLENBOROUGII—" Let us have no foolish or indiscreet language. If it be an illegal recognizance, you may move that it be discharged. But!•. if it be in the usual form, as I believe it is, your application will be useless." John Knight—" I am also from Manchester, and am similarly situated with those who have addressed you. My recognizance is as follows—rHe here read his recognizance, dated Worcester Gaol, January 5, 1818.3-1 have attended, in conformity with the recognizance, and beg it may be put an end to as speedily as pcssible." Lord ELLENBOROUGII--." We have done with you. You may depart." . . Knight--:‘ I want to know" Lora ELLLNBOROITGII—" We will not advise you." Knight—" I have attended o n the fi rs t d a y o f thi s Term. Lord ELLEWBOROUGH—" The Court will take notice of it." . Knight—'" Does it require me to attend every day this Term ?" Lord E:.LENROROVGII—" If you are wanted, the requisition will be made to you, and due notice will be given." kr.ight—" The recognizance obliges me to attend this day, and every day this Term. Is it necessary that I should attend ?" Lord ELLENBOROUGII—" Not unless you have no tice. I cannot sit here to repeat, a hundred times, what, if you have ears and understanding, you must now be sensible of. You have no reason to appear, unless notice be given." Knight—" Does this recognisance expire with the Term ? You, or somebody else, says tt will bold for a year." Loid ELLENBOROLTG/I—" When your non-attend anc? comes under the observation of the Court, they will decide on the point you mention. At present they have nothing to do with it." Samuel Drumniond--" I come from Manchester also, and my business is similar to what you have already heard. All I ask is, does the recognizance become null and void by my attendance this day If so, I shall depart without giving the Court any trouble." Lord Et T.ENAOROIX:II—" We are not called on to give an opinion on any recognizance into which you may have ent.rcd, until sonic act is done on it which calls for our judgment. When that happens, we will Mr. Justice ABROTT—" You need not attend till you are required." Drummond—" The terms are definitive. I must, according to them, come WO miles, without being specificAy called on." Lord ELLEsnortoutt—" If you will not desist, we must direct that thi: Court he cleared of you.. Drummond—" 1 hold in my hand An affidavit, and desire that it may h , . read." Lord ELLENEOHOU(.3t—" What tin you move?' Drummond—" I move that my recognizance he dcae away—or that a trial he granted me fiwthwith." Lord ELLENIIOItOUGII de:.ired that the peremptory paper should be proceeded with. When it was gone through, their Lordships rose, and Chief Justice EL LENBOROUGII, Mr. Justice ABBOTT, and Mr. Justice lioutorn left the Court. Mr. Justice BAYLEY was also moving away, when— Francis Ward put in an affidavit, and desired it to be read, stating that he would found a motion on it. `lr. Justice B.tYLEY having read the affidavit, said —" I have read your affidavit through—and the wka.t thing you can do is to go home: Ward—" Am 1 to understand that you refuse my affidavit ?" Mr. Justice BAYI.EY—" No ; I do not refuse it rend it." Ward—" Then I move that I be discharged from my rec.)gnizance, or else that I be brought to trial." Mr. Justice linvi,rv—" The Court has no power to e, either of those thiagF." • Ward—" I am in lAindrn without the means of going hr. , mc or staying here." Mr. Justice BAY L/IY*---" If you take my advice you will go home. You are not likely to he called on by those who caused you to enter into this recognizance. I can do no more for you than this." Ward-- I ara bound to appear in thi:, Court, not when called for, but this day. Am Itd understand I may go home discharged from the recognizance? What am 1 to do?" Joliu Bayley--" I was discharged on the sth of January, from Lancaster Castle, on a recognizance similar to those that have been read. I came into Court to fulfil my engagement. I have no affidavit, but I will get one by to-morrow, and move for tle discharge of my reconizance." John Johnston—" My Lord, do we leave the Court by your permission ?" Mr. Justice BAYLEY—" Yes." Johnston—.“ When we come up to-morrow we will he better prepared. There is no use in saying any thing further now." All the parties then retired. They are hearty, athletic men—and, in general, respectably dressed. MAYOR OP WEYMOVTII. Mr. GAist.ez applied for a month/mug to be issued to the Officers of the Corporation of Weymouth, cr derjng them to swear in Mr. Oakley, who had been laAffully chosen Mayor of that Corporation, on the day of the last election. The person now filling the office was a Mr. Weston, who had a •majority of votes ; but the objection made to him was that of his not having received the Sacrament, according to the forms of the Church of England, within one yeAr previous to his election. No poll was taken at the election, but the shew of hands was declared to be in favour of Weston. After soe conversation between the Judges and the Learne d Couniel, the latter said he should apply fot two Rules—for a Mandamus to swear in Mr. Oakley, and for a Quo Warranto calling on Mr. Wes ton to shew by what authority he exercised the _office of Mayor.--Rule to shew cause granted. CRIMINAL INFORMATION. Mr..Flottasw moved fur leave to file A criminal information against a person of the name of Robert llawe; the application was made at the instance and on the behalf of a gentleman of the name of Martin Annesley, who was. adv,inced in life, and was one of the senior Aldermen of the Borough of Reading. By the affidavits it appeared that a person of name of Allen had been convicted at a late quarter sessions, at which Mr. Annesley presided, of enit‘ez zling the property of his employers, but in conside ration of his age, the prisoner being (30 years old, and of the good character he had previously borne, he was sentenced only to a short imprisonment and a whipping. About a week after he had been com mitted, the surgeon of the gaol called upon Mr. An nesley, and stated, that in consequence of the illness of the prisoner, it would be improper to inflict the corporal part of the punishment at present, ans! it was in consequence postponed, until his health was perfectly restored. According to the report of the same medical attendant, even then, out of compas sion, the gaoler was directed merely to pass the whip over the offender, without inflicting any pain, so that that part of the punishment was merely no:rti nal. Allen, however, died before the period of his confinement had terminated, and Mr. Robert Dawe had thought fit to write a letter, and some verses, in which he attributed the death of the unfortunate man to Mr. Annesley, who had only acted as the organ of the rest of the Bench of Magistrates in passing the sentence. The letter was addressed to a Mr. Hubert. Lord ELLENSOROUGII—The letter and verses were not printed. , Mr. BOLLAND replied in the negative. The letter, after noticing other matters, proceeded thus—" I have been at poor Allen's to enquire about his case, and I found it just as I stated, namely, that Mr. ' Annesley was the cause of his punishment and death. Can he sleep ! Yet he knows that the blood of CITRIST cleansed: all sin. I had a relation in the same As cumstances at Bristol. &c. but Bristol is not so 'vim. gelical a town as Reading. Some men here hold ttist Bibles make us better than good deeds." 'Ms was signed Robert Dawe, and a postscript was subjoined, in which he stated something he had learnt regarding the Bible Society, to which Mr. Annesley belonged. The verses it was unnecessary to read ; publicly de livered in a Court of Justice, pieces of the kind ge nerally excited a smile, if nothing more ; the poem, it' the name it deserved, represented that Allen's Ghost came to the bedside of Mr. Annesley, charged him, with being the cause of his death, and displayed the wounds he had received from the lash of the exe cutioner ; it concluded with this stanza : " To all this Annesley gave helief, Yet did hisispirits soon revive, " And swore that the next petty thief, " lie would both flog and flay alive!" Under these circumstances, he had thought that ale proper course of proceeding was to apply for the in terference and protection of the Court.—Rule to shew cause granted. THE KING V. MARIA PIIILIPPA DORM. Mr. RICHA Row.: moved, that the defendant should be called upon her recognizance ; this lady was in contempt for disobedience to the writ of habeas cor pus, which required her to deliver to her husband their child, of which she kept possession. Notice of this motion had been given bOth to her and to her hail. Mr. BEI.L, on the part of the defendant, observed, that he had a strong cast of merits, but as his M. structions were deliveri* to him very recently, he was not now prepared to enter into it. He requested their Lordships to postpone the matter until Monday. . . Lord E stioit CC. ordered that the defendant might be called, that her recognizance might be con tinued. Mrs. Dpbin, a young woman of a very delicate and interesting appearance, soon appeared upon the floor. Mr. RionAttosoN then observed, that his motion would regularly be, that the lady he committed to answer interrogatories : it was net, however, his ss to press any thing severe against hcr, and he sug hested, that if she would undemike to appear with er child before one of their Lordships at Chambers, the family dispute might be arranged without fur ther exposure of distressing circumstances. Mr. BELL said he was not aware that the defen dant could have any objection. Dubin, however, said—" 1 shall certainly- not appear with my child." I.(.rd ELLENBOROUOII observed, that the Court would grant no indulgence to an individual who spewed such a t.isposition to further the contumacious resistance to its orders, M. BELL then went out of Court with the leave of their Lords!iips, to confer with his client; when she returned to her pl.tce on the (loot% Mrs. Debtn I ant sorry to E tate, mat it is impossible for l 3: 4 V 4 1 i I I I , I ! 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