Star. — London, England, 1818-11-26 00:00:00

would the Attorney-General be I the particulars of such a com, ssnredly pot. Bet in a Colony it -portant he should not do so ; for scarcely any body else to consult ith, and relied on the Attorney )s much for the general grounds. . occasion, the evidence did not as it ought to have done, but of Serjeant Firth did nct recollect what passed on the occasion ; and iniou that this was not an official \Vhen the grounds of his opinion the only reasons he had for not' dal communication were, that he act in consequence of it. ,saorr said, the witness had added had not been shewn him for his COPLEY—He meant merely that no.. i the inference had been drawn by unsu.pported by facts. Ntr—Surely the niErMative lay on you to _ _ an oilicial communication. COPLEY contended it did not. Where was from the Governor of a pro icy such communication icial, and it lay with the °the. , was not. Unless he established was in vain for liim to argue. It the other side to shiw that there taking the case out of the ge- iI(LET—You ought. tO _thew quo iunication was made.' 'oextv--The qua maw. might to be . side ; it was a case of thegreatest would be indeed hard if. aft 4.ttor be called forth, on all occasions, , sscd between him and the• Governor. ' of public policy; such communica be privileged from disclosure. isorr—Whether or no the pa'mph ground of this indictment, ought lined to the Jury, was a distinct nothing to do with the present.— tuestion was, whether or no the evi- Serjeant Firth ought to have been ex ground of its having been an official ? The first proposition appeared to laid down a great deal too broadly, communication passing between the Attorney-General, on public confidential, anti must be, prima facie, ;al. A communication, in order to . relate to official subjects. But sup proposition to be taken to its full extent, -.ality all such communications were, :ial, the question was, whether the not shew negatively, that this was -rnunicaion ? that depended on the the witnesses, and he expressly considered the communication not • he was shewn a pamphlet, which oasidered an official document ; lying in a box ; and that no parti stated for sheaving him such a rned chat the idea of an official :crtained by the witness was too as therefore asked further questions . likh he replied, 4. that the pamph nun his hand as a guidance for his the conduct of any business as At- To , decide in favour of this evt in anywise, limit the bounds of , because they must always extend iunication of sentiments on public bu 'as a very different matter, being . printed pamphlet. Considering, the Attorney-General was not called in consequence of the communi , hot made for his guidance its any or for the purpose of asking his , evidence was not privileged from was properly admitted on the trial. ,IFLEY said, the Ceurt would always ileged communizations; but the distinc antse that were privileged, in official that were not, was, that if made for they were privileged, but not, if appeared clearly, from the testi _ Firth, that the communication been made for any public purpose ; 'tore, the evidence was well rece►ved. 4 1 • ...i..—........ i • .I.ls in this countrii ' *liberty to ffiselOse Munication? Assure *as still more impc the Governor had sc . dr communicate with General alone. Thus iA's to the particular consist of facts, as Matter of opinion. l the particulars of ,s-. 1 then gave his opinic • . communication. W . were sifted, he said , ' --• 'thinking it an oflich was not ordered to a • • Chief-Justice Ana that the pamphlet 1 . • .: idance or advice.. , Mr. Serjeant COPL , . ing . passed ; and tl 1 - the Witness himself, t The Conti—Sure ' lthew that this was ai `• : Mr. Serjcant Con the communication i • ovinceto his Attorne i was prima facie offi c side to slew that it s .that proposition it w; ,••• •as incumbent on tl • was some circumsta: neral rule. Mr. Justice BAY anima the communie .-' Mr. Serjeant Cop] shewn on the other s . importance, and wei • ney-General should to state what passed I n every ground of •ons should always 1 Chief Justice ABB ,let which was the gi to have been submi question, and had n • The present questio dence of Mr. Serjea . sanded, en the grog • communication? 1 . m to have been la namely, that every a Governor and ti matters, was confict considered official. • be official, must rel posing the propositi. and that in reality prima facie, official. prosecutor did not • not an official comrr • , ..; evidence given by . , • , stated, " that he co: i to be official;- that I could hardly be cc that others were lyi; I - cular purpose was pamphlet." It seer 1 cosnmunication entc narrow'; and he v. - a , • by stile Court, to stqi ~, let was not put into 4 1 ' conduct, or for the - torney-General." dence would not, i . official confidence, . to every communic. .. siness: but this s wai the reading of a - therefore, that the • on te dcoany thing cation, that it was .4 - public business, o advice, I think the disclosure, but was Mr. Justice Illai • protect privileged e uon between those cases, and those tit public . purpOses tl . otherwise ; but it 2 mony of Serjeant could not have bee • . • he thought, thereto '. Rule discharged. I Mr. GAZELEE I' I rested to the keepei I him to bring up th his custody undo; shooting at a perso fondant was next d some persons had 11 ' and being distnrbe parties to make les ' vation of the evil, duing their noise, . stones. Irritated blunderbuss, bade being struck with I ~ and shattered one much, that he was other person wash • 1 4 at the assailants ab i 1-.. -,_ and committed tc , • ' , stating the above! this Writ. t ( fr -Mr. JERVIp ant i `. r r ' a Hule for a Ma :*Otfordshire, con; '. one of the Cores •k ' Rog allowances fo 4 by -virtue of his c ' •., , The Count . he • i , ; lowing any crave I I lnquisition, and , Ir . S : COUR . I ._ TN* COMMISSION r . EYE IN COMMIS , ) Upon this case .last-was resumed i t 4 i . -. • Mr. Serjeant C ..; whirls - the rule c 0 :- ncd Counsel con: -, .. . s., HABEAS CORPUS. moved for a Habeas Corpus di keeper of Winchester commanding the body cf a person committed to under Lord Ellenborough's Act, for person named in the warrant. -The de door neighbour of a house wherein . become intoxicated at a bean-feast, trbed in his rest, he had requested the le,ss noise. This , produced au aggra , and the parties, instead of sub attacked the defendant's door with . at this proceeding, he presented a ided only with gunpowder, the trigger' '1 a *Stone, the piece went off, burst, of the defendant's own hands so obliged to undergo amputation. No injured ; and for the offence of firing ,hove-mentioned he was apprehended to Winchester jail. The affidavits, facts being read, the Court granted CORONun's FEES. d Mr. CROSS shewed cause against landamus, directed to the Justices of commanding them to pay to Mr. Cecil, .oroners of the County, certain travel. - for returning from inquisitions held office. held that the Justices did right in disal ig I'veßing expenses in returning from the inquisition, and discharged the Rule, with costs. COURT OF COMMON PLEAS. , cordatisstomEna OF SEWERS OF TI:E DLSTRICT OP AYI6 it. COMMISSIONERS OF THE HARBOUR OF RYE. Upon this case the argument postponed on Friday -was resumed, and Serjeant CoriAV discussed the grounds upon At - the ride conditional was granted. The Lear- i Counsel commenced with quoting the Statute of the 57th of the King, by which the Commissioners of Sewers were constituted, ,in order to skew that those Commissioners were authorized to erect dams and other works for the preservation of the land .commit ted to their care ; and concluded, that the bare pos session of any place upon which . any such dam or work was erected, was sufficient to invest them with the right of action against any wrong doers towards such works. With regald to the question of the Chief Justice, on a former day, namely—Whether there was any case in which the trustees or conduc tors of any public work had brought. an action for injury done to such public work, those trustees or conductors stating the possession to be in themselves? the Learned Counsel admitted, that he had not been able to find any such case; but he argued, that to find such a case was not essential to the maintenance of the rule, as the present was not a case in point— the plaintiffs in this instance having brought their action not merely as the trustees or inspectors of the public work alluded to, but as the persons invested with the possession of the property uport which the dam was erected by the Statute of Sewers. As to the observation, that persons employed by those Com missioners could not bring an action for Wages or for work done, breause the Commission formed a Court of Record, it did not fallow that, even admitting this observation to be just, these Commissioners were pre cluded from bring ng an action against any wrong doers, or for any injury done to temselves. There were, it was known, three public bodies -who were entitled to bring such actions of trespass as that un der consideration, namely, Commissioners for Drain age, Surveyors of Inclosures, and the Corporation of the Trinity House. Reverting to the allegation on the other side, that plaintiffs had not such right as possession as could invest them with the right of ac tion, the Learned Counsel observed, that it was in evidence, that these plaintiffs had purchased the ma terials of which the dam injured by the defendants was constructed, while that dam was constructed under the immediate direction of the plaintiffs, who continued in the possession up to the period at which the injury complained of took place; and these cir cumstances constituted, he thought, a sufficient right of possession to entitle them to bring this action. .The CHIEF Justice observed, that the Commis sioners of the'Dock-yards must have a stronger right of possession in the Yards under their controul, than the present plaintiffs ; and yet he apprehended that there was no instance whatever of these Commissio• ners having -brought any action against wrong-doers, stating the possession of those Yards to be in them. Mr. Serjeant COPLEY begged, with deference, to remark, that the case adverted to by the Learned . Judge was totally different from that before the Court; for the Dock-yards were not the property of the Commissioners alluded to, but that of the King. These Yards were, indeed, as much the property of his Majesty as the Palace at Windsor; and, cons:' quently, the Commissioners of those Yards could not describe them as their property in any respect. Mr Serjeant LENS spoke in support of the rule, maintaining, that his Learned Friend who had pre ceded him had throughout argued upon a petitio principii, inferring the right of possession from use, -and the right of use from possession. His Learned Friend had not, he contended, uttered a word to chew that she plaintiffs had any such possession in the place upon which the dam alluded to was erected as could entitle them to bring the present action. The Cuter Jusrtes expressed his concurrence in the opinion of the Counsel for the defendaut. His Lordship observed, that from the enactment of the Statute of Henry VIII. constituting Commissions of Sewers, not a single instance had occurred of an ac tion similar to the present ; and it was an observation of Judge Buller's, that if no precedent could be found for any proposed course of proceeding, that circum stance furnished an argument against the propriety of such proceeding. After reviewing the arguments on both sides, the Learned Judge concluded with pronouncing his decision, that the rule should be made absolute, and that judgment should be entered as in the case of nonsuits,—The other Judges con curred in this decision. Mr. Serjeant BEST intimated that further proceed. ings would be instituted in this case. This morning the several prisoners who stand com mined on charges of felon were removed from the different Jails in London and Middlesex to Newgatc, preparatory to their taking their trials at the ensuing Sessions at the Old Bailey, which commences on Wednesday next. A Circular Letter has been forwarded from Lord SIEMOUTH'S office to the High Sheriffs, Mayors, and other chief Officers throughout the Kingdom, re quiring returns to be made in the first week of Ja- . nuary next, containing....“ An account of all the Jails, Houses of Correction, or Penitentiaries in the United Kingdom; specifying the number of persons tom mated to each, and the greatest number of persons confined in each, at any period of the year 1818 ; distinguishing tried from untried, males from fe males ; those under the age of 17 from those above it ; also under what jurisdiction and superintendence each prison is placed, what number of prisoners each it calculated to contain, into what number 9f sera- Xate classes or departments it is divided, and how far the number of those divisions can, without great in convenience or expense, be increased ; also an account of all allowances of food, money, or clothing mad? to prisoners; of the value of labour done, and the ap plication thereof ; and generally of the snbsistin.g re gulations for the discipline and government of each prison, and in what instances those regulations have been deviated from in the course of the year ISIB, and what has been the occasion of such deviation. and under what authority it has been allowed, in all such prisons respectively." • PENITENT PICKPOCK EL—Tuesday morninz, as Mr. Drury, of the Borough, was passing the north end of Fleet-market, at eleven o'clock, he was attracted by the miserable and wretched condition of a poor man, who had fallen down, and apparently from want of food; while he was affording some trifling assistance, l and endeavouring to 'ascertain the residence and the particular circumstances of the poor man's situation, his pocket was picked of a silk handkerchief, which he almost immediately discovered, and he could not refrain at expressing his indignation at the wretch who could be so depraved as to rob him at that par ticular time, In a few momenta, to his amazement, his handkerchief was returned to him, as he con cluded, by the penitent pickpocket. (LICE. 0 • UriOzr HALL.-DISTURBERS OF THE DEAD—Yes terday morning, about four o'clock, a hackney coach was observed proceeding along Lambeth-road, near the Mush-turnpike, by a watchman who was on duty, and who was induced by some suspicious circum stances to stop it ; while he was in the act of so doing, a man who sat on the box with the driver, descended and ran off, and another man who was in side made his escape through the opposite door to that at which the watchman had stationed himself. He found in the coach two dead bodies, and :noun:- the box he compelled the coachman to drive t, Saint George's watch-house, at which plAce the bodies were deposited, and the coachman kept in custody. A prodigious mob assembled, and the whole neighbourhood was in an uproar. Holmes, the night constable, dispatched several watchmen in va rious directions, to-discos-et': the place from whence the bodies had beeii dug, and upon ascertainino, that .the depredation had been committed . in Lambeth church-yard, and with a regard to decency, and the feelings of the surviving friends, which does him in ? finite credit, directed the bodies to be immediately re-interred. In the vast crowd of persons assembled round the watch-house, was a man who indicated great anxiety to know what persons were in custody, and to have some communication with them. Holmes observing that be had a shovel under his great coat, which he was desirous of concealing, suspected that he was a party concerned, and placed himin.confine ment. Ile was brought before the Magistrates, and, together with the coachman, underwent an exami nation. He stated that his name was T. Murphy : that he was a labourer on the road, and had recently been employed at Kennington. Some of the officers recognized him as the person who, upon a former oc casion, had been before the Magistrates upon a simi lar charge. The watchman who stopped the coach could not swear that he was one of the persons who accompanied it. The coachman stated that he was hired at Charing Cross, between one and two o'clock yesterday morning, by two men ; one ofthem, a tall powerful man, placed himself on the box by his side, and never quitted his seat for a moment un til the coach was stopped it Lambeth. He was or dered to drive to Lambeth-walk, where, after conti nuing a considerable time, - a third man appeared, put something into the coach, and shut the door ; he was then ordered to proceed towards the stand at which he had been hired. He was quite ignorant of the contents of the coach.—The Magistrate regretted that he . was obliged to discharge Murphy, in conse rquence of the inconclusive nature of the evidence.— The coachman not.aptiearing to be intentionally im plicated, he should also discharge him. He hoped that the vigilance of the officers would be exerted in searching for the parties who were with the coach, and effected their escape. The daring _character of the persons employed in such nefarious proceedings, and the shameful manner - in which the public feelirg had been outraged, were become Matters of most se rious consideration ; and he was determined, by every means in his power, to promote the apprehen-• sion and prosecution of the delinquent.--llolmes said, that from information which he had reec:yed, he entertained no doubt but that in a fcw day& he should hare the parties in custody. LANICETII-STIt rEr.—Yesterd::y GaP.:vay, , ff7ilialn Baiaucir, Thomas Coo,;bcs, John ti7,erlci, and William Johnson, privates belonging to the Sd Regiment of Foot Guards, stationed at the Tower of London, were brought up in custody of several con stables from the watch-house, charged by Mr. Ar nold, landlord of the Black Boy, St. Catherine's lane, with having attempted to pull his house down, by which it received great damage, and with having 'assaulted several other persons in the house. Gallo way was also charged by Thomas Frazier, with hav ing robbed him of a bundle, containing two coats and other property. The evidence of Mr. and Mrs. Arnold, their daughter, and a number of other witnesses, went to prove that on Saturday night last, the priso ner Galloway went into the prosecutor's house, and called for a pint of porter, which he was served with; he tendered sixpence, but wanted to receive change for a shining ; on the waiter refusing to . give it, he went out, and returned again in a few minutes with a large body of soldiers, amounting to about fifteen. They all entered the place, took possession of the bar, knocked every body down that they met, inclu ding Mrs. and Miss Arnold, and another woman , an d commenced an outrageous attack upon the house they broke every pane of glass in the windows, and every thing else. Vt'illiam Rudd, a carpenter, in en deavouring to rescue Miss Atnold from one of the soldiers, received a stab on the arm, either with a bayonet or a knife. They then made an attack on some person in the tap-room. Edward Barnett, a man without the use of his arms, was trampled on by them, having been beat till in a state of insensibility. In consequence of the cry of murder, the police came to the spot and apprehended them. The whole of the prisoners (except Johnson) were sworn to posh-. tively, and they were accordingly ordered to find bail. .Johnson was discharged.—The Magistrate ad vised 'Frazier, if he could trace the property he was robbed of; be might bring his charge on a future day I‘lnatisoaotion-srazzr.--Itesterday a case of the most outrageous descriptiOn was heard at this Office. Mr. William Brown, who is said to be a part owner and driver of the Reading and Newbury stage-coach, was brought before the s 3 u l e afistrate, by virtue. of a warram that had been is against him. Mr. Lee, gentleman Of great resfsectabffity, stated, that a few days since, he was proceeding to Reading by the stage; before he mounted the coach, he had in quired of the person who bad the charge of the horses, whether the seat by the coachman on the box was engaged : being answered in the negative, he took his seat thereon. - Shortly aftei the prisoner came, and rudely addressing Mr. Lee, desired him to quit his seat, it being engaged by a Baronet (Sir George Dyer). Mr. Lee answered; any gentleman appeared to claiif any the seat, he would relinquish it, but not on the mandate...l the coachman. The psi soner, without ceremony, collared Mr. Lee, and en-' dearoured to force him from his seat; Mi.' Lee re sisted. The , coachman being unable to accomplish his object, left, for the purpose, ash said, of calling a Constable, but returned with three or four cadres, and with violence Mr. Lee was dislodged. Sir George Dyer expressed himself disgusted at the infamous proceeding, and assured Mr. Lee his conduct had been gentlemasily, and the coachman merited punish- resent. Under these circumstances Mr. Lee his charge of assault. against The ) immediately demanded good curettes ficel miter to answer the complaint at the ersuin Monday John Smith, of the Swau with T• Newcastle, Staffordshire, was fined before t Crates of that Borough, in the ititizated twenty guineas, for using uulaeful in brewing. ale. Early on Sanday morning, Annie vilhh to get into the Albion Hotel, Ramsgate, f pose of robbing the hotne; but haring noise thar is usual in such adventures, h •heard by Mr. BLAB, the propriety, who. spirit, sallied forth, aimed with a . - to save his property, for as he got down served the fellow making his exit thro2g l by which he had entered. Sunday evening a man of genteel appe: address called at Mr. Peres s, in Arm Miss PETRE only was at home, uticli knew: He pretended to have known h. Naples, and requested pen and ink to wri him, at the same time directing Lis til'aur. he had come, to be driven up and down t After his departure, £l7 in notes, and a plate were missed. The nememus rob b eries which have lat in the county of Surrey, particula:iy near have induced the Bow-street 3la3istratt a part of the patrole at Newington, ar.d ,cent, to cheek, if possiSle, the darir.g of thegangs' of villains in that district. The hr use'of Mr. Fassas, in Saville-ant!, broke opon,baweLn eight and Line ec:ock on SL during the absence of the f.unily, and every article. was portable carried cf. . Monday night, aa.lar. o-.e of ell Paris! Newington, was in the act of krae.ing at his ORM pushed himself violently betwetn Mr. 11. and the% out his watch, and ran off with the prize. TrauLa the Pugilist, carne to Town on Tuesda Brentwood, where he is training, to rtp wi h more left bit horse for a few min-Jtos in t'sit eve cf a :; street. Upon his return he food the horse tied the lad had decamped with the saddle. On the same night. a Laundr,ss was attacked B Itch Prim by two men, who took from her containing linen, and pushed her into a ditch. I mation of the ciret: =mace yesterday. to *it Union Hall Police office. The house of Sir Joust Kmsita, at Camber's! olxn on Monday night, and plundered c.l VidiOttfr and linen. MARRIED. Friday, at Staple (laydon, Bucks, Mr. Robb that abate, to Mrs. Jane Butts. The bride, room i 70 ; bet: been married More. a-1 Lath It dren, who, with their grand.childrrn, arm= <g the happy couple to church. Tuesday, at Lanbeth, Edward Puflock. Esq. to Letitia, youngest daughter of the late D. Er:Sub-Dean of his Majesty's Cirtp:s Royal Miry of Chester. Nov. 4, James Dickson, Surgeon, Rcyri Navy, JeErcy, daughter of George Jeffrey, Esq. l' 4 :tsv Kt Wednesday seanight, Captain B. Buttall, to 3 Haan, second' daughter of Mr. it Harrison, of Topsham. DTED. Thursday, at Hyde, in tlie hi.: of Wight, %cite th• recovery of his health, John Thomas Robes Judge at Allababad, on *he Rergal Civil Est:l'lth Friday, at Tiverton, after a short lawn, ti labia bowels, Henri Hole, aked 14, youngest Thomas Hole, of Ocorgetratn. Nov. 9, at Whltehaven, aged Cs, the Rev. M. 0. S. B. a native of I.v:cash:re; ‘-.-r.er'• English Bmeslictitte COCV:IIt at 1A..-nb*:!-.^. in for the last thirty even years theqeith..l and of tha Catholic congregation la the formir Flat,. Non-est eivere sed valere 03.-74 " Life is only Life, when blest wbh THE finest system of Ethics is to co. due bounds; and thus so regulate the Passions and insubordinate they impetuously destroy :hose' Religion and Morality have made sacred; to cud hilate them ITpears the lesson of Prudence, best ' , mit their effervescence. Every disorganization of the human frame req. , dical knowledge to remedy, and the public wello when l'roteseional men (disregarding the stiggesti vious and interested) devote their studies to tr those complaints generated by kr.pruderre, and the passions at an ti!Tuiraed moment. " The strung!) don casuists in the health of the people; but it refl.:cc on the daily sacrifice to the ignorance of t cism, and to counteract as far as possible its far offer to suffering humanity, the result of our own various diseases of Debility. The unwary 'ricer , (early Required at school, before Reason has a.. over the mind), will, in contempladng his naster:( susceptible of enlivening sensations, in k7ossin, complicated state of exhaustion . ..ay be rowed :at Intense stedy--inarnoderite anxierf—keg red( climes, and many other causes, will freclu..ntht vont sv!- - rrat ; in such cases we can hold out an animation, by remedies which have long aa.%vea hopes of path nts of both sexes. That bane to human happiness tees 'isms treated fearlessly, the improved state of Medici thee:cc d its antidote of those alistresAr.g rendered its exhabition uncertain abd lasrsatinp. our method by observing to patients iaboethq that a few days only are required for the remov touts; that the most inveterate case will yield within a mouth, and that in a person who only injured, the disease may be prevented altogether a similar remark applies to many other deranges ratite system, as weakness, ulcerations, Sc. sap obstinate cases of which are daily removed Wi caustic or stimulants. Some pectilialitits sox, have not escaped our attention ; in which min with efficacy has superseded the means usually a our system is unique, peculiarly cuerzelic, •„• For the general accommcdation we do not to stated periods of practice, but twty consulto able hours.—Ciauntry P.. Tents are requviLed to their symptoms,. &c. who u medicine, with advi diately forwarded to any part of the Lingdor....—, expected to accompany the mar. GOSS and Co. IL 13, Rouverie.atreet, Fleet-street, London. Just published, The &GIS of LIFE, a familiar Cernment Diseases.—By GOSS and Co.—To be bad at ter-row; and of afl Booksellers, price Ss . PRICE OF STOCKS YESTr. Bk. Stock —, Lg. Ans.% Reduced 76177} - ,*ll - India Bon. Cons. 77-,7121 . Etch. T'illt Si per Ct? Wit Omn. I i I 4 ter. Ct. 95 94 Cons. for I Navy 108 i 107 f 108 Lottei7 T; COAL P4l ARKET, Nov. Ships at Market. Ships Sold. 54 Nevicastle 99 9 Siinderk.r.4l 7 - ; HIGH WATER LONDON DIU DIM Alrring - if Mumma LO )N: Panted a 4! - pulaltsttei YU«, Tru:ple-Itar. MEMO ee.lirefutce. om the ,ng Sessions. Two Necks. e the pen: ay: 6 r;dient; In contrive,: Nt fns the pu t . made rate WItS 1, With rirtz:i jost in iirst the :h a tiln 4 2arance bun Tie-tree,— eye re mesa.!! 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