Star. — London, England, 1828-08-18 00:00:00

• CORN-EXCHANGE, MARK-LANE, Anoint. 18. b.tl a large arrival of all descriptions of Grain during the vreAt, and a good Supply of New Wheat fresh in. for this morning's market ; but'as the quality of the New was inferior, trout the late rains, our market was ♦ery lively, , and an advance of full 6.. per quarter pH the priors of this day se'noight took place, with every apvearance of a steady demand. Batley sold as high as 406. for samples. Beans and Peas of both kinds were. brisk sale, at :be ui,derineiirion;:d prices. Oats are Es. per quarter dearer, the sunp,y br , tig rather •mall.' flour has advanced ss. per sack. In ober artic,es there is no alteration. Wheat. Kent & Esse:, 70s 82s Peas, Grey 38c 40s Stiu Mc, 70, I 80, litairt. Small 46s 62 I%orltilii, 601 653 Tick 40s 46s Rye Zo.:S 7,73 Oats, Putevie Sus 343 ' Barley 35s 40 3 Poland I:7s 34s Malt 56s 62s Fred 20s 28s Peal, White 46s 48s I Flour, per sack, 60$. ess. builers 52. 56, 11.11.c3ct41 24s 2tio per last. IMPOR7k7IOI.O. Wheat, English quarters 6,150 Dn. Foreign 1r ,Ditto Barley, British Du. Irish Malt F.u i lish Oats Foreign do. 6,821 151 Beans, English 75( 1 Ditto I•ortign ZZG Bras, F.nxlish 549 Flour, sacks American, Luqs. oCO s.mir wcc,K. o.ts, b hit I 1,236 1,770 276 1,255 5,014 995' SMITHFIELD MARKET, A UCUST IR. in Beef there is nn variation of moment, the hest young Stets fetching 4s. 2d. to 41. 6d. per stone. In Mutton, prime young Downs are quoted at 4s. 6d. to 41. Bd. per stone. In Veal, the hues; young mestis. 8.. to ss. 4d. per stone. Dairy-fed Porkers are ss. 6J. to .ss. Bd. per stone, and large Hogs 4.. 2d. to 4s. Bd. fee goer. , of consequence doin; in Larnlo ; the beSt young Unity frArli 4.4. 2d. to 53. 6d. per store, aryl the coiner meat 4s. 2d. to 4s. ad. per stone.-li.fttats 2,6.:7-Siseep Pigs 150-Calves 228. Beef ss. 4d. to 4s. 6d. Mutton Ss. 4.!. to 41. sd. Veal 4t. d. toss. 4J. Pork 4.. 6d. to 54. Bd. Lamb 2d. to (ss. GI- Hay Al Os. to .4.4 15.. UJ. Clover, 45 15.. to £5 Ls. Od. Straw, LI 12,. to L 1 18t. PLYNIOIHH, Auc. 16. The Russian squadron will require some repairs before it can again proceed to sea. They have been surveyed by ufficers horn this dock yard, and men are now em ployed on board, repairing damages. The Constantine has one of her beams sprung, and three or four knee., broken, tie niaiiimast wrung it.t the head, and must come nut; the Vladimir shows se niptoms of weakness; i equire• some additional fastenings to Vie beams, and must be caulk-d; the Eli:anti:l has several of her knees sprung. and requites caulking; the Olga, Alex• an 're, and Maria, are but little dam.4ged. ship aie finished much after the Eri:ch style, ss ith cir cular flea I rails. 'Pre tinaon. I has a mood stein, but in point of appearance is far inferior to out sitips aft klescr iptinn. Tire repairs of the Ow Cc nstautore wi ll occupy ten days, by which time the squadron w ill be , e4.. 4 y for sea,and will iiumediately proceed to the Moira. Numbers of the officers hive taken up their residence (in They are in genet al a tine body of men, but to :•,, r Eng isit troti-ins are badly ridged. Several hundred ..;.w s are distributed among the crews, as by an edict 17 . the E.‘:PEROR all classes ate compelled to serve both •a at my and navy. The ships' companies do rn,t cujiiy the comforts afforded to the ,eainen belonging to Old England's wooden walls ;" they have neither t 'tiles nor chairs, and when t.dc;ng tl,eir meals sit upon rte decks. The Officers give put that the squadron was ordered to proceed to i\lalta &tea, to relieve Count lletrnav, but den) that it was prohibited from entering a lit riish :riot. The ComsionortE, many of the Officers, with .1. Huts KEN, dined with Admiral Lord NOREHL3K, on Thirr,day, where they were met by a large pa ty of British officers. 'The ascent of Mr.GREEN frt,m White Conduit Howe ell Friday, was not on horseback, al stated. he mistake. Instead itf the pony, Mr. Green was acconipanit.rd by M . Hen4ning, a e emist. The balloon left the earth at twenty minutes past six, and tire greate,t altitude reacted was, according to the barunieter,•ll,ooo feet. At 10:ty minutes pa-t seven, tho aerial voyagers landed ell the estate of 13-Jd, at Bexley, a mile beyond Msidstoite. Mr. Hempling has given the following accnent or his cbservations dining this rapid flight: Whet see started, the bat:inlets- r stood At '29.91, and the thei inometer at 71 in the sum At our maximum cf . ..iitude the barometer was 19.8. and the thermometer $2l our is4.t:.de (in r..und numbers ) about two mires arid 750 feet. At this elevate. u, alcohol, which eras bi ileJ by a mixture of sulphuric acid and water, in an apparatus prirposely constructed, indicated a tern periture of 1531. The expansion of air confined over water in an euJinmeter tub., and over mercw,y,in the syphon errs - horns:ter of D. Ute, indicated results pie cisely Twenty•four ministry after our depar ture, a.though espied to the direct solar rays, the ther, oinme'rer sod At 34 degrees, the mercury having in that time fallen 40 degrees. At four minutes psst seven the thermometer was at 31 degrees, and tie surface of snoielivarer in an cudiemeter leg vas frozen ; a shower rt . fritillute particles of snow was also distinctly visible, although we had not a cloud above us, and its appear., ante w as singtAarry beautiful. It hail not: the light fleecy appearance of snow falling. near the earth's-bar-. fate, but its pa: tides appeared in a closer.state of aggre gation, and reflected the sun's t ays with great-brilliancy. My pulse at our gre nest altitude was at 94; at depar ture it was at 78, and on our descent _at .80. -About a mile from the earth's surface we encountered a dense sass of ,clouds, whose appearance, from a greater ele ratiOn, was prt diet) , to,tite Alpine ,mtauntains rlaring the winter sea'on, when all are covered with snow. 03 pa+sing thr,:ugh them we were for a few seconds in almmt utter die kness, and I experienced con siderable inconve;.iersce from the extreme cold. It was rxtraordinaty to witness the gradual rise of the mercury, in A delicate.t:ternsomete; constructed for the purpose, which was kept in. boiling alcohol during cur rapid descent..l could not at. any time perceive any vat iation in 'the voice, nor did there appear any reverberation of , souri'd by the 'clouds.• The diminution of atmospheric ' piesseire 'ad an altitude of about two miles, occasioned gr eat n'ex exp ansion of gas, notwithstanding the low terkieraftgq, that the balloon was distended to the tit mtiq,'althotigh before . rts ascent it would have required atleasq,lVO More cubic feet of gas to producethis effect. LIVERPOOL. AU2UST I;. Om-me—The import this week is 11,.,2;;');F:;, the sales are 9760 bags at rather lower rates. Ad.:ices from New Turk, of iu:y, 'lime prices of Uplands 10 to 12k, and Premium of kreliatige 94, which, on 16th July, had been quoted 10 to 13, and 10 respectively. . . _ SrCAK, Ac.—A good business has been transacted in Sugar, 1,600 bi:d•, having been sold at an advance of ri , !. to Is. on g..c:/. grocery qualities; .:00 bags fine whit..: East India have been taken a , 745. 6 , 1. About 100 casks Plantation Coffee bare been sold at fa.r prices. PR.VISI NS—Fur all descriptions of Butter there has Leen a good demand 'his week, and prices fully supported. Pork has been in' far requrst, and stock here now unusually light. In Bacon, a good Lui;ness has been done,atid prices run front 5 . 411- to .51s. per cwt. WI! the exception of a few occasiohal showers, the weather, daring the greater vire of the past week, has been favourable for the L vest. and cutting is 110:1/ very general throughout this dis trict. but a very small proportion of the grain is yet secured ; and as tile accounts from various parts of the country are unfavourable, topers have evinced much firmness, and pr:ces have been fully supported. In bonded wheat several purcnases have been made at am, advahce-of - itt. - ti. 3.1. per bu-liel, and the greater parr 01 the late imlitiff's of States' flour have changed hands at full prices. Peas, britiet luck, baste re aized an advance of 2s. per quarter, and several ?jute's of foreign Wiley were sold at fully our previous currency. LAW INTELLIGENCE. COURT OF CI;ANCERY, Aucust 16. GRANT V. GRANT. The LORD CHANCELLOR gave judgment in this case, which was an application that a writ of ere (scat regno .11.;tild he ciischarged. It had formerly been marked for 13.000/. but that sum was afiervitarai reduced by Lo:d Eden to 6,0001. and the writ now stood as a ie• curity for the latter sum. The merits of the case were exactly the same when the matter was fully discussed before Lord Eldon as they were now; but it had been contended in argument, that the writ ought to be dis charg,ed, because certain amendments bad been made in the bill since the writ was ordered. This argument was not supported by any decisions which had been mad,: on the point in Courts of Equity; but it was treated as a question arising for the first time, and that, by analogy with the practice in Courts of Law with re gard to bail, the security ought to be vacated, when the demand of the party complaining was varied either in its substance or in its form. The cases, however, were go different, the principle one so peculiar to Courts of Equity, that it could not 13~ affected by the supposed analogy. The mete fact of amendment was no reason vi by the security should be vacatrd ; if new matter had been intriductd, the question might perhaps have arisen ; but here, although the amendments were numerous and lengthy, it did not appear that they could properly be called new. Consistently with the practice of Courts of Equity, parties were not only per mitted to make alterations and amendments which went far beyond the limits of the rules in Courts of Law, but ,hey were actually obliged to do so in order to keep • nits on foot, and to provide for the ever-changing acci dent. of human-life, and of events which ought not impede tie administration of justice. New parties had been added to the bill in this cause, but they were the re}:reseritatives of persons who had been or ought to tiave been parties to the original suit,' and who were in tact merely formal parties. The suit was respecting an *recount founded on bonds on the one side, and legacies, accounts, and various transactions on the oiher which had been dealt with in this Court- for a long ptriod, and had become of a very complicated:nature. The addition of parties had become inevitable, be,.. cause circumstances had happened, not produced by the acts of the parties themselves, which ren dered it necessary that they should-be brought before the Court. There were other amendments which had been made conAstently also with the practice of the Court, because they hid been made in consequence of the answer cif the defendants, who set up an aitcourft and a statement cf payments which weie'disputed ; and they therefore foiind no ground for vacating the secu rity of the writ. The first had been originally instituted for an account; it iiad been ascertained that there was a balance, and the su.t was now proceeding for the put pos.: of enfircing payment of that balance: His LOfdship s ivi no reason CO suppose that the 6,0001. fixe'd by Lord Eldon was too large a sum to demand scout ity for, and he therefore dismissed the motion with colt;;. DEW AND - CLAI IZE. This cause, which had been risedior farther hearirig to-day, was called on. • Dr. PHILLIMORE addressed the Court.'wgainly the commission of review which is- paitioned for 'aniriai heard until the Luid Chance:lor isoc. . • ASSIZE ;INTELLIGENCE. /. OXFORD CIRCUIT—GLOCCESTER, Atio.ls. - CROWN Sun—Befure Ain Baron VAcumAw. James Johns, a sailor, aged nineteen, was indicted for having maliciously cut and womied R ibert Hutchings, on the 30th 01'July last, in, the p . aristi of Berkeley. M. CARRINGTON appeared for the prosecution, and st.tted tire case as it afterwards was pr(Ned . in evidence. The prosecutor, it appeared, wal_tbe Commander of one of the vessels which are empliryed in the trade of. the. Severn, and the prisoner is areaPpeentice of the owners . of the vessel, and sailing under his command. Robert Htichings-0 i the 30th of July lait I corn. mandeo the brig Lively. Tne prisoner was an apprentice -see ving under me. At hali.past eight in the evening I returned on board, and desired the tea-things to be got ready. He replied impertinently that there was no use in that, as there was no butter : he then went on deck grumbling. I followed him, and told him if he did not hold his grumbling I would give him a clout on the head. He continued to grumble, and I gave him a slap with my left hand, and he directly drew a clasp knife, which he held in his hand, across my face and eye; be cut me in six diffraent places during the scuffle whi'ch ensued ; I don't ktiow how m my cuts I received before I struck him a second time; I pushed him down upon the deck, and called for thr... mate ; he did not come, bait a shipwright at Berkeley, named Marlow, came to my a.si..tance ; the prisoner made his escape from the ship,' .and concealed hitnselt in a held; the ;:risoner is not my apprentice, but under my command for the owners .1 the ship. . James Marlow was on board the Lively on the day in question, and seized the prisoner's hand while he Was using the knife; when I saw the Captarn he was hold ing firs Lead on one side, as it from t:ar of the knife. Stephen Jenner, a surgeon, proved the injuries the prosecutor received. There wee e two severe cuts across the orbit of the eye, and across the nose. There were also some smaller cuts, as if iron' the point of the knife. The prisoner made no defence, and the Learned Josses having intimated an opinion that there was just so much of provocation in the case as so give rice to an opinion that the prisoner might have conimitteJ the offence in the heat of blood; and; therefore, it death had ensued, to have been only guilty of rnanshtighter, the Jury acquitted the prisoner of the capit.ll charge. Ile was afterwards however tried, found guilty of an aggravated assault, and sentenced to be kept to hard li:l)Gur for two years in the Penio.ntiary. Thu Learned JUDGR commented, wilt well de'erved severity, upon the heinous nature of die prisoner's offence, and ob..erved that the crime of which be had heels guilty *di separated by a very narrow 'rine indeed from that a hich must be considered as amounting to a capital ieloily. The prisoner received these admonitions with out manifesting the slightest emotion, and tetite-,1 from Ithe bar with an expression of somewhat more than M u:lierei.ce to the authority under which he had been so justly, yet so mercifully punished. Aucusr 16. CROWN Sant—(Before Mr. Baron VAUGHAN). Joi.n Harrison was indicted, charged wail having lea., lonitiu:ll assaulted arid ravished Maria Powell, spinster, on the 6th June last, in the parish of Leonard Stanley. Maria Powell, the prosecutrix, said—l was nineteen years r.f dge id June last. My brother, Abner Powell, is a married man, and lives at Leonard Stanley, and I live at his house. On the 6th of June I went to Wins.- coathe, and I commenced my return. I waited a short tone with an old fellow servant, who went,with me nearly half my way home. On arriving at lludbridge- lock, pn the Stroud water canal, I saw the prisoner, and asked him the nearest way to Leonard Stanley. He said it 1 followed him he would show me. He was very civil till he cafte to the road that lest to his own home., He then said he was going to Stanley-end, at)d left me to go home, I continued on my way, and wished him a good night. There is a footpath across a meadow, 'which leads to my home. When I got ahout'2o yards into the meadow I saw the prisoner coming after me, and when he came up to me he said, " I think I shall go this way, as it is as near to _my home as the other way." lie then took hold of my arm, and said we'll walk together. I said 1 will not, if we are An stay all night. lle then let me go, and said, a; Well, if you ate determined not to walk arm in arm, go forward." I then went on for about one field's length, and he came up and put his arm round my neck. I said, " You :..hall not do that; it is hard if I cannot walk along w ithotit being interrupted by such as . you." He then went away very quiet and civil for some time, and asked me to go to the King's head and have a glass of something. I said I had had plenty where I had been, and when we got to Stanley Mills he said he would kiss me. He tried to kiss .me, and threw me down ;I resisted as much as I could, and cried out si murder!" four times. This was helot e I fell. He then put his hand upon my mouth and Iris foot behind mine, and threw me down with great violence. I resisted all I could, hut he said he was determined to succeed before he left me. I struggled hard to prevent his touching my petticoat., but was no more than a baby in his hands. From the time of his first louseling me, to the time he left me, as near as I can sat, was half an hour. I am• not sure a - . to the time, as I was not quite sensible all the time. I put up my hands, and hoped the LORD would have mercy upon toe. (The witness then described mote minutely the commission of the offence). When the prisoner got op he ran away. I think he heard a young man coming up ; it was a young man named Critchly. I asked him to run after the prisoner. He said he thought it was, my sweetheatt. .1 told him the man nad used me vets , wrongfully indeed, and should he much obliged. to him if he would follow him. On going back about three yards to look For my umbrella and gloves, I found a rule, which I took home and showed to my friends; I was so weak, that if Iliad not beets supparted by Critchly I should have fallen. I went, as fast as 1 could to Abigail Fisher's; Critchly stopped behiod, talking to a young man and woman we met at stile; AhigaW Fisher was in bed, and 1 went on home as fast as I could.; any sister said when she saw me— " Good (ion, Matia, what is the matter ?" and I fell down on the poach at the door; I told her I hid been very ill u.ed by some .man, and I did not know who it was, though I had his rule to show; it was half-past ten. when I reached home; I had never seen the prisoner befose, Mast I am sure he is the man ;- I can tell him by his speech, and the way. he takes breath; I knew him at Stroud ; at the magistrate's I said I was sure he was the man, though I did not point him out from others; the man > < rho ill used me was the same man who spoke to me at the bridge, and walked with me—[The bonnet worn by the witness was now produced, and was sadly dislitered.j (,toss-examined by Mr. PIIILLPOTTS—I had a glass of . elder wine, some tea,. and a little beer at the places I called ,at on the road from Brinscombe. I followed the prisoner when I asked bins to show me tlle way. I thinkhe had a blue coat on, but I am not quite cert 1 01d.nlry,ftiends be had..a smock frock on, but was no! quite sure. I remember telling the Magistrate that I thought he had a smock frock on, but I was not sure, I was in such a fright. It was a lonesome place where he threw me down. its a meadow, three or four yards from a footpath. I told my sister the man was not tall or short, but very •tout. My friends did not, from, my 'description, go to look alter any one but the prisoner. When he was ill-using me, I•.cried murder once, and he told,me if . I did so again, he would stop my meads with something. and said lie would give me.s;. I said I would not have any of the money, and continued struggling and crying out. Thomas Critchly. said, I , am a cloth-worker living at Kiug'a S anley, and remember being in.the meadows about half-past nine on the night of the 6th of June last, and bearing a stilled worn io's voice, as if in distress. I went towards the spot, and saw a man and woman on the grais, about a foot from the path. They lay there till after I had passed for three or four minutes. When I got about ten yards off, the man jumped up and ran away.. When I turned round, I saw the man was watch ing ;vie, and then he ran away. The prisoner was the man.; I saw him- di,tinctly ; I knew him before ; I then went to the young woman, and saw her dress was much disordered ; she said she had been ill used, and asked me to follow the man. She was much distressed, and so agitated that she could scarcely speak. I went with her about :WO yards, and then told her it was no use to fol low tie man,. he had got too far off. When 1 got to the stile I Aped with two persons I met there, and the prosecutriz went en to Abigail Fisher's. Cross-csamieed by Ali. PHILLPOTTS.—The man tuined,his face to me as he lay on .the ground, and knew him. I did not tell who he was till I was sworn talure the Magistrate. !alai not interfere, because I was afraid of the man atter I saw his face. 1 know William and Stephen Hart ison, but•never told William Harrison I should not know the man from Adam; 1 said I did not know the man, because I did not like to have any thing to do with it. By Mr. Baron VAUGHAN—I am quite sure the pri soner was the man. Sarah Powell, the wife of the prosecutrix's brother, and Abigail Fts!rer, confirmed their, testimony ritspect lug her calling at the house r f the latter after she had been ill used, and also the state she was in, and the ac count she gave of the transaction. Benjamin Barnes, a cloth worker at Stanley Mills, on the morning of the 7th of June saw the prisoner near the spot where the offence was described to have happened, 1 Joking for something in the grass. Samuel Wheeler, the constable of Stroud, produced Vie trousers wh ch ti:e prisoner had on when he was apprehended the 7th of June; they were marked on the knees, and stained in several places. As the witness was taking the prisoner to prison, he said a man of the name of NVall had gone home before him on the sight of the 6th ; witness then asked Wall what distance they were fr.an each other; Wall said 20 or 30 yards; the prisoner said he had told the Justice 150 yards. Some thing being said about the p risoner baying been seen in the meadow that morning, he said he knew the place the girl meant, but he was going to work for Daniel Gibbons when he was going through the meadow; the A.iiness said the meadow was a male and, a half out of the road to Gibbons's. The prisoner having declined saying any thing in his defence, Mr. Put LLVOTTS called the following witaccscs for him: Thomas Rawlins, the ostler at the White Horse if Cain's-cross, said, I saw the prisoner on the evening of the 6th of June, from six o'clock till half-past nine. Wall and another man were with him playing at skittle;. The prisoner's house is about a quarter of a mile from Cain's Cross. The meadow in which the girl was ill used is in the opposite direction. Cross-examined—lt was ?fair night, and I had a good deal to do. I was not with the.prisoner the whole time. 'Richard Dtew, the tollgate keeper at Cain's Cross) saw the prisoner on the night of the 6th, of June, at about a quarter to nine, and gave him some beer. Saw him again about half-past nine, or near ten, when he borrowed six shilling s of him, and retatoed to the skit ,. tle ground. George Harwood lived near the prisoner at Stipley End in June last, and saw him on the 6th of June at ha I f-past nine at Cain's Cross. I asked him if he was going home ; he said he was, and we walked together ell the . way to the prisoner's house. When site got to the door, he asked me to go in, and called .kis sister to bring his supper. That was about ten minutes before ten o'clock. oss-examined—r I heard a neighbour's clock strikelo. Lizalv.th Harrison said—l am the prisoner's sister, and remember his coming home with the last witness on the night of the 6th of June. I wound up my watch, And it was then ten o'clock. 1 gave him his supper, which he ate directly, and pulled off his shoes and went to bed. He slept in a room above mine with another brother (Wiliam), will was in bed before be came home. Cross•examined—We had bacon and cabbage ter supper, All the family had supped except my hrnther Daniel, who was not come hurtle. He rein' nvd about half past ten. Harrison,llatiigl the prisoner's broiler, said he went home on the 6th c.f June alt.:- all the family were in bed. 'There was a light in his sister's room, which he went and took to his own room, where he slept with his brothers, Willaam.and Strphen. John an .1 William slept together, d Stephen with the witness. They were all awake, and he spoke to them. No one ccold p,o our after that. \Vm. Elariison confirmed the testimony of the last witness, his brother. Mr. Damn VAUGIIAN now proceeded to tccapitulate the evidence t' the Jury with gteac minuteness. This was one of the Hirst extraordinary trials he had ever witnessed. From the n.i!Ote of the facts, and the con- tradiction of the. evidence, it w•as one wh i ch :ecuired their most.serious atention. :That the young woman had been most cruelly used . by some one against her will, there was no doubt ; and the chief question for their consideration was, whether the prisoner had been proved to be the person who had been guilty of that violence ? The Learned Judge, after commenting on the way in which the time had been accounted for by the different witnesses, said it was obvious the offence must have been perpi trated some considerable time before half past ten o'clock, and concluded by observing, that though _there was not the slightest reason to 'doubt the evidence for the prosecution, yet if they believed the v. itnesses for the defence, they must acquit the prisoner. flow far they were entitled to credit was a matter en iiely for the conideratinn of the Jury, and he therefore left the case with confidence in Their hands, teqiiesting :heir most serious attention to it ; and that if they enter..., tamed any doubt of the prisoner's guilt, begged• they would give hint the benefit of •it. The Jury retired tnr about h .1f an hour, and on &tit' return the Foreman said, they were decidedly of opinion that a rape had been committed, but with the conflict ing eriJence which had been adduced, they thought they must find the prisoner Not Guilty. . . Mr. Baron VAUGHAN s.tld, that under the peciihar circumstances of this case, he telt it bis duty to declare his decided approbation• of their verdict ; at th? carte. time he must say it did not reflect the slightest disgrace on the character of the prosecutrix; Maria 1)..)%e1i. The prisoner is a very stout middle-sized young man, with hard prominent features, and rather a sinister cast of countetiance. He appeared quite unmoved during the trial, and- once or twice, with difficulty suppressed a lisp• sitioa to laugh. liaiia Roiveil is rather a good looking young woman, of small and slender Make, and of a complexion so inveu:rately . &mid, that although -lie was in a fainting, state during the %tote of her examination, the colour. of her cheek never changed: l're case is altogether one of the most sinmular in our I gal ann.alc, and perhaps unmatched, except for the trial of Abraham Thornton for tile sarr.e offence.. This trial lasted from nice o'clock in the inorning until half past five. CARLISLE, Auousr 14. Before Mr. Baron figiLocc, and a Special 341 y. REX V. RUSSELL AND OTIIk.RS This was an - indictment for a nuisance, in placihg certain erections, called staiths, in the river Tyre, and thereby impeding the navigation of the river.• A .sin 2 i. lar indictment was tried three years ago at York, before Mr. Justice Bayley, and the defendants were acquitted: A point was on that occasion reserved for the opinion of the Court ef King's Bench, and after a long argument. the L-arned Judges were equally divided in opinion. No decision therefore was given, but as the question was of so much importance to the port of Newcastle, it was deemed advisable to prefer a fresh indictment. The . venue was changed from Northumberland to Cumber-. land, on the ground that an impartial verdict could net be expected from a Jury selected from the former county. Mr. Bitouctram stated the case. The question which the Jury would have to determine wad, whether certain erections called staiths •or gears. and which the. de fendants bad erected in the river Tyne. for the purpose of loading vessels with coals, were a nuisance, or (to speak more intelligibly) whether - they were an obstruc tion to the free navigation of the river? For y'or fifty: years ago no such erections were found elere (the business of loading the vessels being conducted by the use of keels), but within the last 25 or 30 years the new mode' of loading had been adopted. These erections had since become very numerous; but for the purpose of this pro; t. sedition two had been selected which had been erecter'" by tile defendants. To understand the plans befaies, ' them, it would to necessary , fir him t i expl.tiiti 4 o °:, statetlthe channel t f Lite river Tyne. In the raltfitie . ' of the river was a bank of sand, called =the Citcltiaiw'' Sand, and there was a channel en eacfrlfile - irkt.:': i The southern channel was narrow, and at loud i'il'ii 2 ,,, — unnavigable: the northern was the principal than... ncl through which vesi:e:s of burden were aceseo. toted to pass. It wa; on the nottuern or deep side of the river that the staiths in question had been erected. Thece staiths were strong wooden erections, 32 feet in heielith, and projected, one 169 feet. and the other 153 feet into the river. Along these erection; the cnAls were conveyed from the shore, and then, by 'maw.• of. a _moveable cradle or spout wet e shot into the ve , teis:wh;ch were lying under. The spout matie an addition of 4 feet to the length of the ; but as it was capable of • being removed, and perhaps was so, except at the time .when the coals were shot, it would he. as well to con fine their attention to the length of the staiths, which always remained there. The depth of the .channel at • the end of the fixed staith was, aLltiy,h. seater, 'fifteen feet or sixteen feet, so that it was oberktri'tliat the distance betr•een that part and the slsoft CO*iiied a• space where the water was sufficiently deep for light vessels to navigate, but the navigatiOn of ;Which was entirely prevented by these projections into' .the river. In fact, more space was thus Se..en up than *ould suf fice tor five vessels to lieabreast. But if tti that they added the length of the spout, ivhich, as he'had before told them was 11 feet, they would find that when vessels were loading the obstruction proceeded to the deepest par: of the river. The consequence of ;Ilia was, that where 'S.'