Star. — London, England, 1825-03-21 00:00:00

tHE ARMY. the 97th Regiment of Infantry, now stationed at Chatbam, will embark in the course of the ensuing month, for foreign service. A detachment %of recruits marched on Saturday morning from Westminster, for Winchester. • The detachment of troops for the 31st Foot, so miraculously saved from the wreck of the Kent Indianian, are now on their march to Chatham', to embark once more foe India. The route of two companies of the 76th Highland Regiment from Dublin to Ennis, has been postponed to tbe 20th inst. Orders have been received for the calling out the Sussex Militia for a2l days' training during tbe present year. The Regiment, Which is to be trained as light Infantry, will assemble next month. [For Military Promotions we first page.] NATAL Mg tr.LLIUENCE. DISTRIBUTION OF PRIZE-MONEY. The Wizard, for the French privateer La Ciuchina, at No. 21, Cecil street, Strand; recalled there Tuesdays and Fridays. The Woodstock, Paroz, from Jamaica to London, is totally lost 'on Mayaquatw, and only a small part of the cargo saved. numeral, MARCH 18.—Wind 8. to 8.E.--Arrived the Duke of Marlborough packet, from Lisbon—sailed the 6th instant ; and Oporto packet, Mixes, from London for Poyaia. Sailed yesterday the Zephyr packet, for the Brazils; Magnet ditto, for Lisbon; and Lady Louisa ditto, for America. The latter has put back. PLYMOUTH, Maim' 17.—Came in the &man, and VIGILANT, from the eastward. The LIVELY returned to Lisbon the 22d of February from Algiers, and was expected to sail shortly for the Vest Indies : the Oczaw, SUPERB, ACTIVE, LITZLY, and Timone, were then lying in the Tagus. Remain—BuTANNlA, GENOA, WIND. CASTLE, Turns, MARTIN, GANNETT, BITTERN, FROLIC, and VIGILANT. _ Mown 19. —Wind E.N.E. to S.E.—Arrived the Henry Porcher, THowson, from Madras—sailed 9th November Jupiter, ADAM* from New York, in 28 days, for Hambargh. Off the ;port, the Criterion, Pant, from New York for Havre; Phillip, Lima, from Baltimori for Amsterdam • Mary of Whitehaven, and Sisters, Moose, from Demerara. Sailed the Goodwood, —, for Charente. Pow:sawnTt., MARcu I§l.E.—Arriied the Sophia transport, from London for Sierra Leone; and Mary and Ann, Et.t.say, from ditto for Quebec. Sailed his Majesty's ship Twian, for Leith. Coven, MA RCM 20.—Wind N.B.—Arrived the American ship -Superb, Gamma, from Canton, in 121 days. Passed by last night, the Simpson, Suarsou, from Bombay, in eighteen weeks, and front St. Helena in seven weeks. The Honourable Company's ship Berwickshire, from China, was spoken with in the Channel on the •17th instant, by the Superb. Hair., MA RCM 20.—Wind N.B—Arrived and sailed for the River: the Sir Godfrey Webster, from India. Passed through yesteiday, the Elizabeth, —, for Britannia, tur the Mediterranean ; aid Eagle, --, for Oporto. Livrtaroor., Masai 19.—Wind S.—Arrived the Jane, HOLM 114 from New Orleans—sailed from Belize 13th February. The Hugh Wallace, London, Mary, Lord Whitworth, Ulverston, Brothers, and Ro bert Quail, bad passed up the River. Also arrived the William Thomson, Can CR, from New York—sailed the 16th of February; Eliza Ann, WADI, from Maranham; Buenos Ayres packet, Gremlin, from Valparaiso—ogled 27th November; Robert James Haynes, Hawania, from Demerara—sailed 27th January; Sabina, Nicou., from New Orleans; Samuel Wright, Briar, and ' Olive -Branch, HA HOMO, from Savannah; and Julia, Mn.zza, from Terceira. A rroorraccirrs.—Ueutenant G. Hales to the Tweed, vice Wynn ; Rev. John Evans, Chaplain of the Phaeton, to be Chaplain of the Wellesley, vice Murray, discharged ; Mr. Jos. Seed, of the Tweed, 'tube Surgeon of the Ranger, fitting a► Chatham; ►Mr. Alexander • Stewart (b), to be Surgeon of the Tweed; Mr. Samuel Mackey, to be Assistant Surgeon of the Hyperion, at Newhaven ; Mr. Tre. living, Master, to the Tweed, vice Hannaford, to the Thetis; Lieutenants Sinclair, Willis, and Dashwood, to the Glasgow; lieutenants Best and Brooke, to the Aurora; and Lieutenant T. Gregg; late of •the Bulwark, to the Marvin, fitting at Plymouth for Channel Service ; Mr. John M'Arthur (b), Purser of the Windsor Cattle, to the Ganges; Lieutenant Edward Woderouse, to the Tweed, vice Hargood, and Mr. David Patton, Surgeon, to the same ship, v ice Stewart, whose appointment is cancelled. EAST INDIA SHIPPING. PASSIENCIRRS PER THIC BIPLUISH, CAPT. COLE, FROM 131ENGAL.-..-F. Macnaughton, Esq. lion. Company's Service; Major Gale, Ist Native Infantry; Lieut. Gardner, his Majesty's 13th Regiment; Leer. Fraser, his Majesty's 47th Regiment ; Lieut. Bracken, 45th Bengal Native Infantry ; S. Arnott, Esq. Lieut. Biscoe, Ma dras Establishment ; died on the 25th November, Miss G ale and Martin S. Read, children. Sims srort sawn—The Bridget, Leslie, from Liverpool to Ben gal, as the Mellish was coasting the Bengal River —the Catherine, Intosh, from Bengal and Madras to London, and sth December, in tat. 22 uortb. long. 83 east, by the Mellish. AasrvaLs AT BsaoaL.—The City of Edinburgh, Wiseman, from Rangoon; the Adrian, Gordon, from New South Wales, and the "Nan:y, Guizannee, from Bordeluz, the 31st October; th e Aga. Levy, from London, the 7th November ; the Hibern ian, Gillies, from Rangoon, and Susan, Hamilton, from ditto, the Bth Nevem. ber; the Pyramus * Brodie, from .Madras, the 10th November; and the Lotus, Field, from Liverpool, the 13th November; and the Bridget, Leslie, from Liverpool, in the Bengal River, the 23d November. &MVOS !LOX BsiscAt..—The Louisa, Wools, for the Cape, the Sib of November; the Castle Forbes, Ord, for the Mauritius and London, the 7th of November; the Catherine. Macintosh, for London, the 19th of November, from the Sand Heads. _ _ ARRIVALS AT Boissay.—The Triumph, Green, from London, the 6th of October ' • the Simpson, Simpson, from London, the 3d (k -tuber; and the Katherine Stewart Forbes, Chapman, from Lon don, the 4th of October. Auatvat. At MADRAS. —The Henry Porcher, Thompson, from Bengal. the 3th of November, and was to sail for London, the Bth, *with the following passengers : Commodore Schmyder, Governor at his Danish Majesty's Settlements in India, Mrs. Perry, Miss Rice, Lieutenant-Colonel Morley, Cape Battalion, Captain Barrett, his Majesty's 13th Infantry, Lieut. Farling. do. Lieut. Buchanan, his Majesty's 38th Regiment, Lieut. Tolfrey, his Majesty's 87th Regiment, Lieutenant Rice, Honourable Company's Seth Native Infantry, Mr. Main, Midshipman , Royal Navy, Mr. Blane, Da nish Government's Secretary, Mr. M'Farlane, Hon. Company's Assistant Surgeon. Last night, about ten o'clock, a brilliant meteor ap peared in the south-east, taking a direction north-east. It illuminated the whole heavens, and remained in sight about two seconds, and then burst in all directions. CORN EXCHANGR, MARK-LANE, MARCH 21. The arrivals of all sorts of Corn last week were considerable, and this morning there is only a moderate supply of Wheat from Essex, ' Kent, and Suffolk ; but there are a good many parcels of Barley for sale. There are way a few fresh vessels up from the North with 'Oats. Wheat of prime quality is in demand, and rather exceeds the terms of last Monday ; in other qualities there is very little trade. Barley sells heavily, but it is not lower than of late. Beans find buyers slowly, on much the same terms as last market-day.— Peas are without •ariation. There is a good sale fir Oats to-day, and the factors hold them with firmness, at rather higher prices than on Friday. The Flour trade is unaltered. 'Wheat, Red (1824) 549. 725. - old, 545. 709. White, 1824, 58s. 781. old 60 78s. 'Barley, 1824, 313. 489. --- Old, 00 00* . Peas, Grey, 1824,79. 38s. Old, 00s. 00s. Maple, 1824,.393 40s. old, 00s. 00s. White, new, 425. 455. old, Os. 0.. Boilers, 1824, 503.149. old, 00s. 00s. Aye, new, 355. 40s. PRICX3 OX WARD SUM • Rye, old, 00s. 00s. Beans, Small, new, 435. 45.. old, 48s. 525. Tick, new, 345. 375. old, 455. 475. Oats, Feed, new, 20$. 245. ----old, Os. Os. Poland, new, 21s. 275. ---- old, Os. Os. Potatoe, new, 231. 271. old, Os. Os. ---- Scotch, 28s. 325. Foreign Oats, 20s. 275. Flour, per Sack, 525. 051. ARRIVALS LAS? WILZIG Wheat, English, (11111. - 11,677 Peas Earley - - 11,962 Irish Wheat Mak - 7,607 Irish Oats - Oats - - 22.053 Foreign Oats - Beans - 4,200 English Flour, sacks SMITHFIELD MARKET, MARCH 21. Beef is a shade lower, the best Beasts net fetching more than Ss. 2d. per stone, atul eoltrser being 4s. 2d. to 4s. Bd. per stone. Mutton iq likewise more plentiful, and rather lower; but Veal maintains. the lait quotation 3, the best young Celtics being 7s. per stone. Pork is in fair request at. 6s. 2.d. to 6.. 4d. per stone for the best dairy. fed.— Scans, 30.67 ; Sheep, 16,300 ; Pigs, 100 ; Calves, 112. • Beef, 4s. to Ss. 2d. Mutton, 5 9 , ed. to 6s. Veal, 6s. to 7s. Perl. Als. ed. to 6s. 46.—Hay, per load, 4.3 Ss. to £5; Clover, 44 4s. to 45 lUs. Straw, 4i to 22 89. 213 4,066 5,240 9,936 LENT ASSIZES. SHREWSBURY, MARCH BREACH OF PROMISE OF MARRIACHL CAPPER V. ORTON, ESQ. Mr. C. PHILLIPS opened the pleadings. Mr. TAUNTON stated that the plaintiff, Miss Margaret Elizabeth Capper had brought this action for the breach of an honourable engagement of the defendant to'make her his wife. The father of the plaintiff was a Gentle. man of good family, who occupied two large farms, besides a considerable portion of land of his own. The defendant was a person also of considerable property, resident at Tatton Hall, in Cheshire. He was origi nally intended fcr the profession of the law, but that intention had been abandond, and the defendant became a Lieutenant in-the Cheshire Militia, and now held the commission of a Cornet in one of the Yeomanry Corps, of that County. The plaintiff was a young Lady of great beauty and considerable accomplishments, and had received her education at the first boarding-school in Chester. The defendant lived in the neighbourhood of the plaintiff's father's farms, and was in the habit of attending the same Church on Sundays to which the plaintiff's family went, and the parties were therefore no strangers to each other; and in the month of De &tuber, 1822, the plaintiff's father invited the defend.' ant to a shooting party, when an introduction took place between the plaintiff and the defendant. The Learned Counsel proceeded to state his case, which is fully detailed in the evidence which follows. He stated the defendant's property to be about 25,0001. and that the defendant confessed the plaintiff to be amiable, and proofs would be given that she was beautiful and ac complished. Looking at the circumstances, and con sidering that Mr. Orton was a man able to pay damages, he was sure they would make out such a compensation as would repair, as far as damages could go, the injury done to the plaintiff, and they would, no doubt, give such a sum as to heal that wound that the improper, base, and dishonourable conduct of the defendant had inflicted upon. her. Mr.Geoige Capper examined by Mr.Serjeant PEAK— said, I am the uncle of the plaintiff, she is about 19 years of age. I have known the defendant ever since I went to school with him • his age is about 35. - He is a tolerably good man of that age. I have lived in Lon don for some years. The defendant served a clerkship to Mr. Richards, an attorney at Chester, and then held a commission in the Chester Militia. He then travelled abroad, and has latterly resided at Tatton Hall,• from which place my brother's residence is about two miles distant ; my brother has a farm of 200 acres at Hanley, and another of about 400 acres, in the vale of Clwydd. The plaintiff was educated at Chester, at a very excellent school; when she left school' she resided at her father's house at Hanley. I consider her good looking, and she is agreeable in her mannal. In December, 1822, 1 saw the defendant at Tatton Hall, out coursing with ether Gentlemen ; my brother being one. The sport took place within two miles of my brother's house, and on the Saturday following there was another party for woodcock shooting, and we dined with a Gentleman named Bi isco. The defendant returned in a cheese, Pend on our way he said that my niece was a very chatin ing girl, and he wished me to introduCe him, and• he went with me for that purpose ; I saw her, but the de fendant did not. He slept at my brother's, and left the next evening, at nine a ten o'clock. I remained there till the ensuing Tuesday. The defendant was introduced to the plaintiff on the Sunday, by' my brother. I did. not see defendant again till the month of June or July, 1823. I was then at my brother's house at Hanley. The defendant gave me a most pressing invitation, and he said my niece was a very fine 4 itl, and spoke highly of her. He dined at my brother son the Sunday fol lowing, by my invitation. He went away in the evening and came the next day, and stayed till 11 or 12 o'clock, at night, and he was in my niece's company every day, and he was particularly attentive to her while she was at the tea•table. On one occasion I saw him talking with her, there being no one else in the house, and on the - same day he agreed to go out fishing with us, and he, on our return from fishing said, that he sup posed 1 was aware that he had made proposals of mar riage to my niece, but that he had a great objection to a long courtship, for it would make him singularly un happy, and he hoped that I would interfere, as they had objected on the score of hurry; and he added, that I must know that he was not cut out for a long courtship, for she was a very amiable girl and would make an ex cellent wife, and he did not want any fortune ; but that my brother had said that nothing could be done %kb. out the consent of his wife, though the defendant thought it perfectly ridiculous to protract the business. In con sequence of this I spoke to my brother and my niece.— I know a place called Alderson Spa. There was a party there, consisting of the defendant, my two nieces, and my two brothers. The defendant walked with my niece, and on that day it was fixed that my niece and her ather should go to his other farm at Gwynen-ogg, for that they had come into Mr. Orton's views, and that Mr. Orton and myself should follo . w, to see Mrs. Capper en the subject; and the plaintiff and her father ac cordingly went. The day after that I recommended the defendant to tell his brother of it, and he did so in my presence. There were, I believe, preparations for the wedding, and a few days alter, the defendant told me that be had applied for a license to marry my niece, but that he could not obtain it, because my niece had not resided long enough at Gwynen-ogg to allow het to be married there, and it was arranged that the defendant should remain there also; he was very attentive to 'my niece, 'and appeared desirous of being in her company. Sometimes he left the table before the rest of the com pany. I remember a Mr. Ashley coming to Gwyned ogg upon some business with the defendant, and in a day or two afterwards the defendant went away, as he said, upon the business Mr. Ashley had come about, and he promised to return on the next day, but he never returned. The plaintiff's father had gone to Chester, and he returned on the day after the defendant went. He brought a letter; this is it ; it is in the defendant's hand-writing. I saw my niece soon after my brother came home. She and her mother were in tears, and in the greatest distress ; it was impossible for any one to be in greater distress, and this distress continued as long As I stayed. She was not down stairs so much as usual, And if there was the least allusion to the unfortunate circumstance it immediately sent her op to her room. Her father is worth about 10.0001. and he had4,oool, or 5,0001. with his wife. I have head the defendant say that he had sold an estate to his father for 19,000/. and the estate on which he lives he said was his own, , and worth 4 0001. or 5,0001. Cross-examined by Mr. CAMPBELL ..-1 don't know :hat he has only a life interest in the estate on which he dyes. When he told me that he had sold an est a te foi 190001. he did not state the incumbrances on it.' Pre vious to my seeing the defendaht at my. brother's, I don't think that the defendant had ever.spoken to my niece since she was a child. The defendant often went to the Continent. When I went to introduce the de fendant to my niece it was nearly eleven o'clock at night. That was on a Saturday night, and the defendant did not accompany Miss Capper to church—she went, but he did not ; and I don't know that from that time till the month of July he saw my niece again. It was on a Monday, late at night, that the defendant spoke to my brother on the subject of proposals; we had been - all drinking pretty hard. The defendant was one of the steadiest. Some of the party fell down, but I did not see Mr. Orton fall; he was certainly under the in fluence of liquor, and he was thrown out of his gig going home. I don't know that before he had made proposals to my niece ; and it was on the following Sa turday that the arrangement was finally made.l spoke to my niece on that day, and she, after saying there was rather too much hurry, consented to his proposals. I mentioned it to her. in the evening, and she consented before she went to bed. The marriage was to take place as soon as it conveniently could. I know of no love-letters.—Before the defendant left Gwynen-ogg, he appeared very anxious, bUt I did not observe that he was dejected. My niece still lives with her father. Mr. Thomas Capper, examined by Mr. C. PHILLIPS, said, I am the father of the plaintiff ; I reside at Han ley ; I occupy two considerable farms, and hold a com mission in the Cheshire Yeomanry ; my dfughter will be 19 on the 12th of next May ; she was educated at Miss Dodd's, in Chester. I hav6 known the defen dant from a child, and _there has been, an intimacy , between our families for nearly twenty years; his sisters visit my daughters. In December, 1822, my daughter was introduced to the defendant. On her return from school, she had taken the whole management of the household concerns. In July, 1823, the defendant came to my house to dine several times, and he desired leave from me to pay his addresses to my daughter. I told him she was young, and he might think the for tune I could give her an infetior one; he replied, he would take her without a sous, as he had enough. He asked me to mention it to my daughter. He called the next day, and we went to see a pig-race, when some people were ranning for a soaped pig ; and as we came back from the sport, he asked me if I had mentioned it to my daughter, and I told him that she had no objec tion, and that I could have none to a Gentleman of his respectability. He was at my house every day, and took opportunities enough of paying his addresses. My brother spoke to me, and pressed the matter very.much. I remember the walk to Alderson Spa, and the defen dna proposed that the marriage should take place immediately, but I would not consent, saying, that my wife Was in Wales, and that she must be consulted in the. business ; and it was arranged that my daughter and. I should go to Wales, which we did, and the de fendant and my brother ollowed, which war done. I went with the defendant to a jeweller in Denbigh, for the purpose of buying the wedding ring. I asked for a wedding ring, and the man of the shop recommended me to take half a dozen--(A laugh). I did, and gave them to the defendant, who, on another day, 'returned five of them, and paid for the remaining one. I also accompanied the defendant to try tQ get the license, and when we could not do that, the-defendant desired to stay in my house till a month had. expired, and I permitted him to do so. He, however, left my house, on Friday, and the marriage was to have taken place on the following Tuesday. Miss Morris was asked to act as bride's-maid ; and wedding clothes were procured. I received the letter from him on Saturday after the defendant left my house. I saw my daughter after receiving the letter, and told her of its contents, and she left the room in tears. .The effect of thatletter has not yet left her mind ; since that she has not gone into -society as before. Cross-examined by Mr. Russet.—The night on which the defendant made his proposals, there was a ovial party at my house. One of the party fell off hit horse, and the defendant was throWn out of his gig. I don't think they were more than half drunk. The pig race was a public one; the pig's tail was soaped, and the men ran after him, and the one that could hold him by the Mil had him. I believe My daughter has been much admired; 'among others, by Mr. Aldersey Mere dith; he paid his addresses to her. Miss Hodson examined by Mr. Serjeant Pease—Said lam a dressmaker et Denbigh. • I was employed to make Miss Capper's wedding clothes. Miss Maria Morris examinea, by Mr. C. Pnaurs—Said I ant a ceusis to Miss Capper. I wax engaged to be bride's maid at her marriage with Mr. Orton. Mrs: Capper examined by. Mr. TAUNTON—Said the plitintiff is my eldest daughter. I have six children in all ; two of them are daughters. The defendant asked my consent to marry the plaintiff; I consented..l could make no objection. From his manner I supposed that the defendant had a great regard for my daughter, and I think that regard was reciprocal. The letter was read ; it was in the following terms : • (No date.) " Dean &a—My spirits for the last few days have been worked up to such a pitch, from an idea of the fear of being miserable when I ant married, that I have been forced to quit Owyneo.ou Waist my inclination in a most shameful manner ; it would never do for me - to go to Church, loaded as lam with blue devils, there. fore I have resolved to leave the country, but in justice to myself, and more still to Miss Capper, I am bound to say, that no fickleness induces my determination, for I think as I always have done, that Miss Capper is one of the most amiable of women, and every way calculated to make an'exceUent wife, but I could not go to Church in the state-of fear in which I now am. The more I think of my fears the stronger they are. I know that lam bound to perform my promise or pay for it, but I am revolved to make a sacrifice rather than Make myself miserable. But, at present, troubled as I am with Wicked thoughts, all the world should not induce me to marry.—l will not attempt to apologise for my conduct, for I feel that no apology can be made; but I trust you will still believe me your very sincere but very unhappy friend, " C. D. ORTON." . Mr. CAMMLL addressed the Jury for the defendant, and said; that his (silent deeply lamented the pain that had beEti inflicted on the plaintiff and her friends by the notoriety that this case had acquired, but it. was neces sary that a - verdict should be pronounced. His client in structed him to say, that he felt the most perfect respect for the plaintiff, and that he felt she was a most beauti ful and accomplished young woman, possessed also of unblemished: virtue and modesty. He was instructed to pay that just tribute to her merits ; but he could not give such unqualified praise for her friends. He thought if they had had proper feelings, they would not have thought of repairing such an injury by damages—they would not have sued out a process of law—they would not have had a public trial at Shsewsbury, and have had their daughter's name. posted on the columns or every Newspaper, to be read within the Walls of every alehouse in the kingdom. There was no do7bt that the Cappers Us/night the defendant was likely to be a good match for Their daughter, and they wished him to conic to their house for that purpose; and then finding that his love was lather of the coldest, they favoured him . . • - with a jolly party; and so far Intended in warming his passion, that he at once put the question to Mr. Capper, and he no doubt said, "This ale works pureh, I thought it would have cost six dinners to get to so happy a con clusion ;but,insteAd of that,we have arrived at it after one." However, notwithstanding the-proposal was made by a drunken man, Mr. Capper communicated it to his daughter, who consents immediately, never having been spoken to by this Gentleman but once, and never having been courted by him at all ; and besides, he had made her no presents, not even a pair of garters - -(A laugh)_. and so respectful was he, that he never touched even the tip of her little finger, though 'Squire Western, as they might remember, thought that Tom Jones could not be in love with his daughter, because, as the 'Squire said, I never zee'd him kiss her in all my life— (A laNgh). The lover, instead of going early to Mr. Capper to know his fate, did not go near the hou-i till three o'clock in the afternoon; and then, instead of seeing, or even asking for the idol of his soul, went straight on to the pig race; and, instead of at all con sidering anything about Miss Capper, he employed his whole attention in the superintendence of the_ soaping a pig's tail. The fact was, that the defendant, who never intended to trifle with the happiness of any young wo man, being, when warmed by intoxication, hurried into a proposal, and feeling convinced that the marriage could not be a happy one, he resolved to break it off. Mr. Justice Lrrnansate left it to the Jury to say what damages the plaintiff was entitled to recover. IVerdict for the plaintiff—Damages, .el,OOO. • LANCASTER, MARCH 18. MURDER. Joseph Wilkin was indicted for the wilful murder of his wife, Alison Wilkin, at Liverpool, on the 26.14 Nur. last, by giving her divers blows and kicks of which she died. The Court was crowded almost to suffocation to witness this trial, the prisoner having formerly resided here, and was engaged in business in which he •was unfortunate. He had since been obliged, in order to earn a livelihood for his family, to descend to the humble situation of a bailiff's follower in Liverpool. Mr. CLAREE opened- the indictment and said, the prisoner at the bar had latterly been living in Liverpool with his wife in rather humble circumstances, gaining a livelihood by acting in some inferior capacity in the County Court there—that of serving processes ; his wife, he was instructed to state, was a woman of industrious habits, giving to the maintenance of her family all that assi-tance she was capable of as a sempstress. They resided in a cellar in Blake-street, part ofa laduse owned by Mr. Stevenson. Though that cellar was detached from all other parts of Mr. Stevenson's house, yet he. was enabled too often to hear and know that the pri soner treated his wife in the most barbarous manner. On one occasion he heard her cry out (and that only a shint time previous to this), * Oh ! my back ! my back ! don't beat me in this manner ;' with other exclamations of a similar nature. On the night in question, be certainly heard nothing ; but the Jury would hear from other evidence, that the prisoner having,. on the night stated in the indictment, come to his house when his wife and children were in bed, he there commenced a furious knocking at the door ; it was opened by one of his children, and on his entrance into it, he com menced a furious and horrid attack on the unfortunate being. It would seem, that after the attack he went to bed, at fonr or five o'clock in the morning ; he then called up ote of his children, and sent her to some of his qeighbours, deiiring her to say that his wife was dead: a Mrs. Williams accordingly went to his house, who, upon seeing the deceased, said to him," for God's sake, Wilkin, what have you been doing ?" He replied, apparently in great agitation, 6 4 cast no reflections on me, I have enough to reflect on without that." He then asked Mrs. Williams, did she really think his wife was dead ?dead she was at the time, and under circum stances that could leave no doubt that her death was occasioned by the hand of the prisoner alone ; a stir— germ' was called in, and on examining the body, he found a wound on lie forehead which penetrated the skull—eight ribs on one side and three on another bro. ken, some of them in two,places; the fractures of the ribs were with so much violence, that the broken parts penetrated into the lungs which they lacerated so se verely as alone to be sufficient to cause her death. The Learned Counsel concluded by referring to Lord. Chief Justice Holt's definition of murder and calling his wit nesses in support of his statement, amongst whom were three surgeons, who described the injuries inflicted on the deceased as numerous and severe. Mi. CLAM then said, though he felt considerably distressed at being obliged to - do so, yet he felt it ne cessary to call the prisoner's daughter. Margaret Wilkin; she was neatly dressed in mourn ing, and when sworn cried so bitterly that her evidence was almost inaudible. She stated, as well as could be collected—l am eleven years of age, and was athonte the night when my father came; I was then in bed ; my mother went to bed about nine o'clock ; my father came about ten, and knocked at the door; I opened it, and when he came in he told my mother to get up ; she did not • he struck her with his hand whilst she was in bed —o'esitatien)—he struck hetmore than once; I heard my father ask her where she haJ got the drink? she said I would tell him ; my father pulled her out of bed ; she sat upon a chair ; he then struck her with his hand ; she did not fall on the floor nor against anything; she fell against the children's crib; she did not hear the Watchman cry twelve; there *as a jug lying ,on the table which was kicked over and went on to her mo ' they ; I saw my father wipe my mother's face ; I believe it was then bleedittg ; I saw her walk over to the bed as far as she could, and then-my father helped her in; I slept at the bottom of the bed; he went in afterwards, and avloke me in the morning between five and six o'clock ; my Mother was then dead. Cross-examined—My brother is older than I am: he was at home that night; he is in Lancaster; my mother used to go out to get drink. and to come home very often I far gone; I recollect my father being very angry with her for pawning the children's clothes to get liquor. I recollect her being away three days before this hap pened ; my father was in great trouble at the time, ;and many a,time threatened to kill himself; he tried to bang himself by tying a black handkerchief to a ro, e that was across the room. and he then tumbled down. About a fortnight before this happened, she was away for live days, and had on coming home a black eye and a cut face. My mother was tipsy on the Saturday be- Tote this happened, and on the Sunday was drinking with Mrs. Reed ; on Monday also she wai tivsy ; she remained at home all the Tuesday ; Wednezday she was tipsy again, and as she was coming down the cel lar steps the tumbled down; my father saw her tum ble' and scolded her again had got any liquor, and ' On Thursday she was out, "sl ~ ~ fir , 41 ilMiliiNnommo in ; she denied to him that she tumbled again over a chair. k ut, and can: home about &tee • • .vb; ,