Star. — London, England, 1819-11-12 00:00:00

e Conrt d2ring the greater pact of the ~„r p earance gave rise to a whisper, that t r, : rher, the Trumpeter of the Manchester j A valry, but it turned out that he was l i r. Mills, uf Bristol, supposed to be present ~s e o f moving, in person, for a new : he was a party. oiats TPE KING V. MILKS. KEA pot. on bel:all of the Rev. Robert Moody, ex hibited articles of the peace against a va med Milne, a near neighbour of the The articles being read by one of the the Cruwn side of the Court, were nearly I t was collected that the parties had had nuierstandingi touching the boundaries of which ended in Mr. Milne's nive proPertY , :Fa file on his own land, so near to the exhibi• ricks, as to produce an apprehension of cio in case a high wind should blow. :ohm having been nude before Mr. Justice nhen he sat alone, the case was again men fall Court, when C eURT said, that it was rather a novel pre to ex!iibit articles of the peace, merely for % ion of propercy. The utmost, therefore, Ado, under the circumstances stated in the w as to grant a Rill tai shew cause, why an . ,bosid not issue against Mr. M ilne, before 114 upon him to cuter into sureties fer keep- ( ace. *fin this purpose was accordingly ordered horn up and served upon the party. lithe day a great number of motions were *ew trials, in cases tried at the Sittings in and London, and at the late Assizes. The ring CAWS only were worthy of public notice : • ASD OTHERS, TIIE ASSIGNEES OP WILCOX, V. AUSTIN. Ir.ks an action upon a bill of exchange for ,awn on the 14th of June, 1816, upon, and N I by the defendant, payable one month after indorsed tg, the bankrupt. On the trial, the CillEY JUSTICE, at the late Sittings at n, a verdict was found for the defendant, on ' that the consideration of the bill was . appeared that a Mr. Neil, an advertis i-btoker, was employed to negociate the qutstion, which was accepted by the defen brother, for the purpose of enabling him to up some regimental payments, he being a :noLe of the Middlesex Corps of Militia.-- trupt discounted the bill, in consideration of` idant taking a large quantity of buttons, be worth £5O, but which, in fact, were not .ulfthat sum, and which, in truth, never were is6sion of the defendant. SCASLETT now moved fdr a sew trial • and, ging such topics as the nature of th e case Ip/est, 'Aa were clearly of opinion, that there was for disturbing the verdict, and, therefore, Le was refused. PITTMAN V. WEST. i) was an action of assault and false imprison- At the last Assizes it Abingdon, Berks, a was found for the defendant. W. E. TAUNTON now moved for a new trial mud that the verdict below was against th. st of the evidence in the cause. The case was lie plaintiff was one of the Burgesses of the to of Abingdon, and the defendant had been the Borough for the year preceding this It was the custom of the Borough, for ram, on going out of office, to entertain the • of the Corporation with a bar.quet. At this re were two parties in the Borough, one the tion party, and the otter the Anti-Corpora arty, of which latter the plaintiff was a mem- The latter party had been described by the de- Counsel at the trial, by the significant name vilopers. The defendant having , according , given a dinner, the plaintiff - was one of :s, and having given an obnoxious toast, of to the opposite party, the Mayor, as was al rdered the plaintiff to be taken into custody :e constables, whom he directed to do their duty. ~l.in•itf ss as confined for about three hours ? and lug:a his action. At the trial the question was, • the defendant had in fact given the orders .ntioned? Three witnesses swore positively tact, and the witnesses for the defendant con- them. The case being left to the Jury, they for the defendant. The Count. now said, that the question being left the Jury upon the credit of the respective wet it was not a case for the inter position of the Rule refused. NOVEMBER , Is. MR. CARLILE. : , LOTION FOR A NEW TRIAL. %morning Mr. Carlik was brought into Court, the purpose of affording him the opportunity of fordirg new Trial. The grounds on which he totted it were—first, That of the twenty-four ':nen uho formed the reduced Jury, one had Ind twelve months; secondly, That another of se Lin ts had not been summoned. A third And tn `NIIICh he rested still more strongly was, his trial he had been prevented, by the inter ..6ll ni the CutEk. JUSTICE, from making that de- Itioch was neces s ary. He had been charged wickedly and maliciously publishing a blasphe `c'll; but had he been permitted to make his he would have proved, that his intentions n.JliLiuus, and that the book he bad pub- . ilai a vod moral tendency; but, that in all to the Jury, on this point, he had been rrui):.2l ,!iLf jVaTILE—' " I certainly would not permit ''-tempt to prove that the Holy Scriptures were rtvealtti will of Goo, although I allowed you ii.e ..vhule book containing the libel, in yaw ''",e• This, to nie, was painful, and not less sie lacy, who were Christians, and could not per.. • i , •le of detente which was intended to establish 114sphemous doctrine, that He that believetb ClikIST, is an Infidel to Goo !'" My Lord, I wanted to prove that were numerous translations of the Bible, which . .cry macriAlly from each other. And I ishcd to know which was the Parliamentary Bible, or the Bible protected by the Statute Law ; for, as the translation is incorrect, if any one can be the re vealed will of GOD, it must be the Hebrew version only." Justice BEST—" We cannot allow the defendant to go on in this manner." Jiistice BAYLEY—" Christianity is the law of the land, and the Bible the foundation of Christianity.— You not only deny parts of the Bible, but the whole of it, in the libel you published." CAni.ths--" The age of Reason speaks favourably of parts of The 13il1er Justice BAYLET-4 8 But it impugns it generally; and this caanoube permitted in a Court of Law." The CHM JUSTICI now read part of the libel, which called the Bible " a book of obscene stories." CARLILI,-." The assertion of Mr. Paine, in that part, is supported by other evidence." Cuter Jusrice—" The Court cannot permit you to proceed thus. Are there any other points on which you ground a motion for a new trial?"' CAItI.ILE" I had subpccnaed the Archbishop of Canterbury, the Jewish High Priest, and the most learned of all the different Sectaries, to prove that Christianity could not be defined, and therefore could not be proved to be the law of the land." CHIEF JUSTICE-" You could not expect that an examination o prove that could take place." Justice BEST—" If a defendant chuse to appear in hi, own person, rather than employ Counsel, he must conform to the rules of the Court." CARLILE—" Christianity cannot be defined, my Lord." CHIEF JUSTICE -" We will not suffer any man to say the truth of Christianity is not proved, or that it is not the law of the land." CARLILC— " Another ground, my Lord, is, that the Jury retired to consider of their verdict, and sent for two Statutes, which ycur Lordship hesitated to send; and called the Jury back, charging them again, much, as I conceive, to my prejudice, and giving x wrong exposition of the law." Justice BATLIT" It is the duty of a Judge to explain all matters of law; but if a Judge gave an erroneous exposition of any point to the Jury, it would afford just ground for a new trial." The Cum., JUSTICE gated, that when he summed up the evidence, he intended to have noticed the Sta tutes to the Jury ; but not having done so, when they returned, he read the two Acts, and explained them , and afterwards gave them to the Jury. Justice BAYLEY said, the Act of the 53d George 111. was not a general repeal. of the Statute of William. Justice fissr--" One point in the new Act is, that every person must declare himself to be a Christian, before he can claim the benefit of it." Justice BAYLIY--" The Act was made to relieve a sect of Christians called Unitarians." CHIEF JUSTICE—" In charging the Jury, I gave that exposition of :.he Act which I conceived to be correct." Justice BAYLEY—" If you look at the Statute of the 9th and 10th of William, you will find that it enacts certain pains and penalties against all those who deny the Trinity, or the truth of Christianity. The Act of the 53d of George 111. only repeals that part of it relating to the Trinity, and does not tolerate the denying that the Bible is of Divine origin." Justice HotnoYn—" The Statute of William is not repealed, and if it was, it could not avail the de fendant, as the Common Law is still in force, and the indictment against him was founded on the Com mon Law." Justice BEST—" Before the Act of the 53d Geo. 111. was passed, the Bishops were consulted, and they certainly could never have tolerated a denial of the truth of Christianity. But the Act was made to re lieve persons who do not deny its truth ; and ex pressly requires a declaration from the parties claim ing its benefit, that they are Christians. How, there fore, can a man be so intoxicated as to think he comes ender the meaning of this Act, whose blasphe mies are so daring?" CHIEF JUSTICE--" Any other point you wish to state, Defendant?" CARLILE—" The Court does not appear to wish that I f110111d." CHIEF JUSTICE—" The Court cannot allow you to deny Christianity to be of divine origin." CARLILE—" My Lordt I look to the title of the Act of the 53d Geo. 111. which states, that it is to relieve persons who impugn the doctrine of the Trinity." Justice Bayttv—" For that only' " Mr. CARLILE, being again asked what other grounds he had for his motion, stated, that the Jury had separated without his consent. Ile was proceed ing to complain of not having been allowed that de fence which he conceived essential, when he was in terrupted by the Cut et , JUSTICE, who said, " You want to go over the ground again of denying the Bible to be of Di vine urigin, aad that Chtistianity is the law of the land. An indictment, charging a man with denying the truth of ',Christianity, does nut admit that he should do it in his defence. It is not by a persever ance in infringing the law, or the rules of the Court, that a defenclank can overcome." Mr. CARLIIA having stated, that he had no other point to offer, The Culp Jurrics first delivered his opinio. went over the points toga by the n _ de- His Lordsbill w fendant ; but 'declared, that neither the fact of one Juror being dead, of another not being summoned, nor that the Jury had separated, were' sufficient grounds for a new trial. Justice BAYLEY said, the publishing a blasphemous libel was a high crime and misdemeanour, which had a most injurious effect on the minds of the Public, and therefore should be carefully watched by the law. The Jury had been twice adjourned on the trial of the defendant. It was often essential to the purposes of justice, that an adjournment should take place ; for if the Jury were compelled to come •to a decision, when fatigued by a long trial, the conse quences might often be injurious. The Jury, too, adjourned with the consent of the defendant ; and as to the separation of the Jury, generally speaking, he conceived they bad a right to separate, unless the Court should make an order to the contrary. The Officers of the Court could not always know whether all the Jurors were living or not ; and if one had not been summoned, the Officer might be punished ; but, he had no hesitation in saying, that neither this, nor any of the grounds urged by the defendant, was suf ficient for allowing a new trial. Justice HOLROYD—The offences of libel and blas phemy are punishable by the common law of the land : and, therefore, the Act on which the defendant rests cannot serve him. As to the separation of the Jury, that point had been long settled. In the time l of Judge Hale, in a civil case, one of the Jurymen separated from the rest without the consent of the Court, but still this did not invalidate the verdict.— The objection that one of the;drors was not sum moned, should have been made before the Jury were sworn. He saw no grounds for a new trial. Mr. Justice BEST said it was one of the inconve nienccs attending ate individual defending himself and not by his Counsel, that the Court were often compelled to listen to absurdities which would dis grace the lowest individual in the country. It is not competent in a defence, to question-The wisdom or propriety of the law under which a person is tried. The law has declared that blasphemy is an offence against it : and it is only the duty of the Court to administer it. The attempt to justify the libel was ridiculous. As well might a man tried for murder come forward and say—' It is true, I have killed the man ; but I can prove to the Court that mur der is not a crime!'—lt was impossible for any man of the meanest understanding not to know that the conduct of the defendant was an offence against the law and the rules of the Court."—He agreed with his brother Judges on the points stated by the de fendants .-points quite absurd, and altogether in sufficient to afford any ground for a new trial. The CHIEF JUSTICE, after consulting with the other Judges, said, " Let the defendant be remanded, and brought up for judgment on Tuesday next." Mr. Garble then left the Court, in custody of the Tipstaff. Mr. SCARLET?, yesterday, in the Court of King's Bench, adverted to an assertion made by Mr. HUNT, that there was no Gentleman at the Bar who could be found to move a criminal proceeding regard ing the late transactions at Manchester, and ob _served, that he bad no hesitation in asserting, for the honour of the profession, that professional assistance had never been denied, when regularly applied for. The Duke of KENT, his Duchess, and the family, are about to quit Kensington Palace for a time. A l ship is now lying in the river Thames, for the express purpose of conveying their baggage to the coast of l Devonshire. Their Highnesses m ean to make Sid mouth their winter quarters. Wednesday evening, the Lark, Captain Movca, arrived at Dover, from Calais, with the remains of the late Countess of SH APTESBURY, who died at Flo rence about a month since. Yesterday morning the corpse was forwarded to Dorchester, for interment. Monday a Troop •of the 10th Hussars marched ,from Piershill Barracks, near Edinburgh, for Perth. COVENT-GARDEN TnEarac.--The Tragedy of Macbeth was last night performed. The character of the ambitious Thane was represented by a-Gentle man of the name of lIUDOART, who, though new to, this Theatre, has frequently appeared before the Pub-, lie. His performance, viewed as a whole, was a sen sible effort—not an effort of powerful genius. It was extremely well received. Mrs. BUNS'S Lady Mac beth is creditable to her judgment. The part of Macdzfif was filled by Mr. ABBOTT, in a very meri torious style. The House was respect ibly attended. The supervisors of the Excise have for some weeks past had their officers in possession of the scenery in the different Theatres. Last week the question was decided by the Honourable Board of Excise in favour of the Theatres. Yesterday, Captaih SIMPSON, whilst driving along Oxford-street, in his gig, at a sharp pace, unfortu nately ran against a waggon, by which the vehicle was turned over. Captain S. was thrown out, and received some severe contusions, but. none dangerous. Sunday, the 24th ult. two girls went from the farm of Hillock, parish of Edzell, to cross the North Esk, on the ladder at Dalscamphy. One of them, named Agnes Will, when advanced beyond the middle of l the river, unfortunately missed her hold, dropped, into the water, and instantly d isa pp eared. Her com-1 panion, impelled by a strong desire to save her fel low-creature, plunged into the water, which was at that time considerably swelled by recent rains, and reached the lifeless corpse; and having got it sak out of the water, went back to the Hillock, in a state, of distraction, and related the melancholy accident. The body was immediately carried home, and every means used toaestore animation, but without effect. BETTING AT TATTER SA LL'S YESTRRDAY. DERRY. 14 to 1 agst Brother to Blucher I 15 to 1 apt Pindaree (taken) (taken). 1 16 to 1 apt Brother to Contus 14 to 1 apt Mr. Plates colt 18 to 1 apt Brother to Whisker (taken). SO to 1 apt c. out of Jove 14 to 1 apt ttaiior BS to 1 apt lloopoe. £0 to 1 the geld apt Brideonaid. • 11:ago Cat . C M il tiot , , 4 4. ).1 REAPEu est , a 3 •,•A o n the . I : sisunar f rFrectivc •; , gafirt ( on rick .yian 11 ,hen rip full to ex! F oction r aid do, • w ai t he tilled up • t eptiCe. for dfAill U Daring the for new er any case jo Asp .x.,s a drum •-.1 by tl an d ind • the CI „ 11, a v r ound t It money-bt vesti hrothe • u t ) 501 yn tn 011 • bankrupt • etirldatt to be v aif th; ;osse.sion Mr. SCAR! urging .id mgges The Cous .to fo Rale u•al Was I At tl was I Xt. W. E the grout of lb —The 1 of of etion. !layer, i of there - rporation party, • The 1. dant's Cc prtuaGo morn, gaes:s, ; -we to tl • , .1, ~ihlin it irougiit •*. wt -wont the fact, .d for t Cot the Jur. • it vi .-111 the put *fit/ fo ireanded r 'ottle:nel • • dead Jul -4: h; n e wicl •! : •tece, 'Te '11;1 `'p•, I ''iLf r • .t!it '4 iG e hlAs (Ulu CARL ■ ■ il IRELAND. From the following Resolutions, it appears that A spirit of insubordination and disloyalty has maniffs ted itself in the Northern parts of the County of Galway : At a Meeting of the Magistrates, Gentlemen i and Clergy, held at Ballyleigh Chapel, on the 18th 4 October, Lord CLoNattooK in the Chair " Resolved unanimously, That it fully appears to this Meet. ing that a dangerous and illegal Association has lately appeases in the Northern part of this County, 'and that large parties of persons, caking themselves Itiband-men, generally armed atd mounted, hi disguise, and with distinctive badges; assembling by night, have forcibly entered the houses of litany of the peaceable inhabitants, and have taken arms and money from several, ler. the declared purpose of purchasing ammutirtion; and have ad. ministered to great numbers, including whole villages, oaths of undefined obedience to unknown leaders. " That we, the undersigned, are determined to use every exertion which our situations as landlords, magistrates, ur clergy men, can authorize, to stop the progresa of a conspiracy so hos tile to the laws, and so destructive of the peace and prosperity of the country. " That a subscription be now entered into for the purpose of 'encouragement and protection to the loyal and Well-disposed part of the community who shall resist such illegal practices, aid of obtaining such information as shall lead to the discovery and conviction of any pet son or persons concerned therein. " That it will be highly important towards carrying these Resolutions into effect, that some additional military force be sent into the disturbed part of this county; and that liallynumr, Creggs, and Kilkerran, would he the most proper places foorto. ties, consisting of an officer and twenty men each.' THE COUNTY OF ROSCOMMON. This hitherto peaceable County has, we are sorry to state, latterly been disgraced, by robberies, murk ders, nightly meetings, and swearing in associates. It is our painful duty to record the following atro cious murder, committed on a respectable Gentle man, Mr. H. ST. GEORGE, brother to Sir RICHARD Sr. GEORGE, of Mount Equity, about two miles from Ballydangan, where the unfortunate Gentleman re sided. The particulars have been communicated by a friend,-ict a letter, dated Athlone, Noire mbet '2 : " I waited to a late hour yesterday, in the hope of being able to give you a correct statement of a most disgraceful outrage, committed, I may say, in our neighbourhood, at Mount Equity, last Sunday night, so early as eleven o'clock. Mr. Henry tz. George, who lived at liallydangan, dined on Sunday last with his brother, Sir Richard, in the Wood at Mount Equity, where were some other friends. On leaving his brother's, an old and trusty Steward saw him out of the gate, locked the last one, and had not proceeded more than a few yards, when he heard a shot, and a loud scream followed ; the night was so uncommonly light, he easily discovered that Mr. Henry_ St. George was dis mounted near the gate ; he ran quickly, and found him almost lifeless, lying over a man who was in a faint; he then hastened to a near cabin, ansl sent off for Sir Richard, who, with another Gentleman, came up, but only to see him expire, without utter ing a word. The poor fellow's body was brought to his bro ther's, where he bad left, in perfect health and spirits but twenty minutes before. What could have been the cause of this vile assassination, cannot be conjectured; and though it is now late in the day, I have not learned the particulars of the Inquest, or know any thing, save that suspicion falls upon his brother'. tenantry, to whom he was very lenient, as agant, besides ' assisting the poor, even beyond his abilities, with food and rai ment ; his charitable and benevolent disposition came within my knowledge often, when in that part of the country. At the time the typhus lever raged, I have known him to visit the poor sick in the houses their Clergy would not venture into, adminis ter their medicines, and watch over them night after night • het all, it seems, did not secure him from the resentment of bad people." Last Monday night week, twelve men, armed, at tacked the house of a farmer, named Grady, near Kilpeacon, and, after breaking into it, took away a musket and some powder ; they also attacked three, other houses, near Cream, cn the same night, in which they likewise obtained some fire-arms. In compliance with the request of twenty-seven Magistrates and Gentlemen, the HIGH SHERIFF has called a Meeting of the County of Limerick, for Sa turday next, to consider the best means of enforcing the due administration of the laws. The HIGH SHERIFF of the County of Roscommon has called a Meeting of his Bailiwick for Thursday, to consider what means will be most expedient to re sort to in consequence of the disturbed state of that County. A Meeting of the Gentlemen of the County of Clare is to be held on Thursday, the 4th of Novem ber, at the Court House in Ennis. CATHOLIC MEETING, AT D'ARCY'S TAVERN, IN ESSEX-STREET, DUBLIN. Saturday Evening, ail o'clock. In consequence of thin attendance, and waiting for Lord Fingal, the Meeting, advertised for one o'clock, did not assemble till four—Lord Fingal in the Chair. The Resolutions in the Petition were read by Mr. O'Connell, and underwent great discussion, particularly one of them—" Lest Catholics should be supposed to give offence to the Radicals," which passage was expunged, and the Radicals thereby con ciliated. An Address to the Regent, suggested by Mr. E. M'Donnell, but scouted—as it was observed, "he did not merit it !" Catholic Petition proposed to be intrusted to Lord Donouglimore and Mr. Grat tan, objected to by Mr. Randall M.Donnell, who pre (erred that the Counties and Parishes should present their Petitions through their own Representatives ; Petition to be presented the first week in next Session., strong words between Mr. O'Connell and Mr. Hay, respecting the Resolutions of 1812 ; Mr. O'Connell exclaimed, in a menacing manner, " What do you tell me ?" Mr. Hay's conduct submitted to seven Catholic Gentlemen; Mr. Hay endeavoured to no minate Protestants ineffectually. Mr. O'Gorman ap pointed secretary pro tempclc. Mr. Hay pledged himself to explain his conduct satisfactorily. Great uproar ; Lord Fingal unable to maintain order; Lord Clonciirry present. Mr. O'Connell proposed himself a candidate for the pffice of Secretary to the Catho lics of Ireland, when several voices cried cut, there should first be a vacancy. The Meeting adjourned to Monday, &c. COIIIC-ENCHANGE, NI:UM-LANE NOVEMBIat 12. We have had an accession of arrivals from Norfolk and Suffolk since Wednesday, chiefly with Wheat and Barley, and of the former article the supply was ra ther large : with the addition of what remained over from Wednesday, and the demand being ing, sales were heavy, but fine qualitie Miiday's prices. Having a considerable Barley fresh in to-day, together with a large previously in hand, caused a further reduct prices of 2s. per quarter, and only the finest could be got off at that reduction. Oats - quarter cheaper. In Beans, Peas, and otl there is no alteration. SMITUFIZLD 31Aucrr o NOT. 4s. Od. *tone of *Os. ; Mutton, 4r pd. to Ss. 6d. Veal, Ss. Pork Ss Od. to Os.fld.; Latillo Os. to Os. Od.—Cattle Beasts ; Calves, 200; . Steep-said Lambs. 3,800 !Lay, per load, sl. lOs, to 51. ICs. Clover, W. to :Z. 8* to 1l les. f I t il NM ;I 4 ,1 T 4 ► ~ a ~~, ► 1 ?PI '4 4 1' ; 1 4 • r• 11 1 I 1 11 small this 1 • . 1 e. obtained i 1 ! arrival of i ge quantity :tis.n in our 1 est samples are ls. per her articles, • i . to 51. Od. per ( 1 od. to 6s. ed. at Market— 0 t Pigs, WV.— a 4 es. bow, I. 1 i' f l~