Star. — London, England, 1829-04-27 00:00:00

r~ . • LAW' itirrELLIGMOE. . • • COURT OF KING'S BENCH, Werrunerma. Aran. IS. . Adjourned Siting. at NW Prius,•in Midterm, attar Hilary Term, before Lord Transom and Common Juries. EfeetimiUnCE N. STAYNZA AND ANOTNIZR. , This . was an action for the recovery of certain' penal% ties t i which it isas all..ued the 'defendants were liable °ay surveyors of the highways of Mile-end Old Town, for not having rendered their accounts and the balance of monies in their hand> at the time of their quitting office. By the Act of Parliament relating to the hamlet of Mile.end, it provided that the surveyor appointed for °the district shall account, at the end of the year after his appointment, for the monies received by him in vir. tae of his office; and in case •he neglects to account to the meeting of the inhabitants, the inhabitants may compel him to account before a Justice, or•:at the Ses sions, and to pay over the balance to the next succeed ing surveyor ; and in case the retiring surveyor shale not so account and deliver over the balance to his next immediate successor, the successor shall be at liberty to _bring an action, and to recover double the balance re tained. The sum sought to be recovered in this action ss as double the balance of 1561. The facts were these: The defendants, Stayner and Langton, were appointed surveyors for the period between October, 1826, and Octobier, 1827; at the end of that period a meeting was duly held to receive and audit the surveyors accounts, and they had notice to attend for that purpose. They did not attend, and the Meeting appointed a Committee to receive and audit the accounts ; but the surveyors did not account. The Committee then gave them notice to appear before a Justice, who referred the mat . tes to the Sessions, but the surveyors did not attend at tile. Sessions, and neither accounted nor paid the balance. &Apter, it appeared, was not reappointed, but Langton wacre.appointed, and a Mr. Langley was appointed along with him, for the period from October 1827, till October 1824, at the end of which period the plaintiff Iluetlebonick was appointed, along with a person of the name of Sayer, who fined off. The question was, whe ther,under these circumstances, the plaintiff could main tain the action under the Act? Lord Tatiarganati said, that by the Act the retiring surveyor was bound to pay the balance to the next sur veyor, being his immediate successor ; now the plaintiff was not the immediate successor of Stayner, Langton sod Langley having intervened; and his Lordship was of opinion that this was not • case provided for by the Act.—The plaintiff was then nonsuited. • There was a second action against Stayner alone, in which a ni.nsnit was emceed on the same ground. HVEDESOURCIL 9. LANGTON AND ANOTHER. Mr. Bisounuass, for the plaintiff, stated that the ob action in the piecedine case did not apply to this case. it had been adjudged at the Sessions that 2'291. was the halance due from the surveyors (Messrs. Linton and Lao%les), and they had stated the balance at 601. lees, and refused to account or pay over, and therefore sub jected themselves to the action and the penalty. Sir J. SCARMITT and Mr. Quieting., for the de fendant, submitted. whether Sayer ought not to have been a party in the action, for, although he had thought proper to pay a fine, it did not appear that he was thereby escuseJ from serving, as no other had been ap-. pointed in his stead. But a hat they mainly relied on tias, that in the notice of action the balance said so be due and adjudicared by the Magistrates was SW. Whereas, in point of fact, it aas only 2291. and this beteg, is penal statute, the variation, they contended,, was latal to the action. The math was, that Langton had been col:tinned in his office of surveyor for the put post of appealing against a_ demand of certain turnpike trustees for this sum of 601. and that WAS the reason Why.the surveyors had not included that sum in the balance. Messrs. BROUGHAM, DENMAN, and Came, con terided that the variation in the' notice was not material, aisthe defendants were. perfectly well aware of what was the real sum adjudicated; and the purpose of the notice was merely to apprise them of the amuse of the action. At all events, if they had not a right to pro ceed for the penalty, they had a right to recover, on the count for money had and received, the single sum actually due. Lord TaNTIIIDEN went to the Bail Court, where the our Judges were sitting. to consult them, and in a few minutes returned and stated that all the Judges were of opinion that the plaintiff could not recover the penalty, but that as to the other point the cause ought to pro ceed, in order that the matter might be afterwards con sidered. It might appear that the plaintiff had a right, under the count for money had and received, to recover 1691. whether he had the right to recover that sum plus the 601 . claimed by the Trustees, making the 2291. would be matter for after consideration. Some evidence was then gone into, and it turned out that the defendant Langley bad received none of the money, but thatthe whole had ban received by Lang. ton; end -Lord ..Tervirannes' 'wits- of opinion. that the action against tire surveyors jointly could not be maintained, as it was an action at commoulaw, and not under the StgOte.—Plaintiff nonsaited. HUEDInp . °LACK V. LANGTON. '• This action was against Langton alone as else acting sueirefer. It appeared in evidence, that 1001.4 the money had been paid. Sir J. Se/map compared the factions at Mile end' ttithose of theiittle Italian republics, such as those of Licca, Florence, Ravenna, &c. in which, wheia faction got into power' on the exclusion of another, the 'habit was the‘the„ prevaihng faction persecuted the other to the utniosti and the defeated faction fled for their lies.. The learqed Counsel observed, that it was in this men.. nes thacibe defendant was persecuted for the sum of 601. with which he ought not to be charged. Evidince Was then given that the defendant had ten dered to the plaintiff at one time 691. and at another both that and the 601. two days before the action etas brought; but there was a conversation aboot a receipt in foil, which the plaintiff refused to give, but offert d a receipt - Oa account, which wal rejected; and there was a question whether the tender was legal. Lord TINTERDIN, as the best course, directed I non suit, with leive to the plaintiff to move to set it thiide ' and eater a verdict for the 691. or for that, plus theft as the Court above might think proper. PEYTON V. CHINZRY. This was an action on two bills of exchange for 2251. ofiladch the delendam was the acceptor. The case proved for the plaintiff was this:--The de fendant, who was or had been in partnership with a wine merchant id the city. bad become acquainted.with a parson of the name of Wood, residing in theVaa.thall reed, acid who, at his request, lent him at different. times several slims, &elevating altogether to 9,91. For this amount the defendent pee Weed a bill of ex change, which the latter endorsed to the plaintiff. The bill being dishonoured by the defendant, Wood paid• the plaintiff 1001. of the money, and the defendant/awe in lies) of the former bill the two new bills oil whit% ti action was brought. These facts were deposed - l to Wood, whose testimony, as to thaioan to the defendant of two sums of - 1001. and 1221. was corroborated by, person of the name of William 'Croft; and two lintels' rom the defendant were put in, which contained an acknowledgment of the debt and a promise to pay. Sir J. SCARLITT, for the defendant, endeavoured to ;how that the bills had originated in gambling trans nations ; that the money had been lent by Wood ori 'ginally for the purppse•of gambling with the defen dant, of whom he afterwards won it, and then took the 31. bill as a semi* With a view to make out this case, the Learned Counsel entered into a rigid gross-exansination of Wood and the 'other witness, Croft. The former stated, in answer to the Learned Counsel's questions, that he had been formerly in busi• ness as a butcher; that he had at first become ac quainted with the defendant, who was about 27 years of age, by meeting him at a pigeon shouting club at the Red House, Battersea; that be afterwards met him at a gambling house, in Pickering•place, St. James's, and there on several occasions lent him money during the time that he was at play. The witness, however, positively denied that he had lent the defend ant any part of the money for which the 3221. bill was given while he was at play at that house, though be admitted that part of it, viz. 1001. was advanced at that house, the defendant having, he said, . gone there for the p urpose of requesting the loan of it. He de nied that the defendant played there (luting the even ing,thriugh others were playing while he remained there and at the time the money was lent. He stated that the defendant applied to him in the first instance for the loan of 5001. to enable him to fit out a brother for the East Indies, and promised to pay when he should' have sold his property at Sudbury, which he was then about to sell; witness gave him only 1001. at the house in Pickering-place; neither himself nor the defen dna played , there that night ; witness had gone there' occasionally for the purpose of playing, and he believed :an had the defendant; he saw the defendant play these tome few times before she lending of the money, bu , 'not afterwards; he gave the defendant another 1001. of the money at the One Tun tavern, Jenny n -street, where the defendant met him by appointment. Mr. Croft and others were present at the time; they dined together, and it was after dinner that the money was lent. The rest of the money was sent from his own house, in Yauzhall-road, to the defendant in the city, by Mr. Croft, a friend and neighbour; and sent also with' him a bill of ezchange for the whole, which Mr. Croft brought back accepted by the defendant. The defen dant offered him wines, &c. as a security, but he was satisfied with the bill. The witness Croft stated, that be was a friend and neighbour of Mr. Wood; he (wit ness) had been formerly a builder ; he did not now carry on any business, but lived on the property of his children ; he was in the habit of frequenting the gambling-house in Pickering-place, and playing there. He stated that he was present at the One Tun Tavern, in Jeranyn-street, when one hundred pounds was ad fenced by Wood to the defendant. Witness Wood and the defendant, with seven or eight others; dined there on that day, and the money was lent about seven o'clock in the evening. The parties remained at the tavern till 12 o'clock, and did not visit the gambling-house that evening; witness was not present when the other Idol. was advanced in Pickering-plate, but he took the 1221. to the defendant at his house in Wilton -street, at the request of Wood. Both these witnesses gave their evidence very boldly ; Wood being asked whether he ever kept a gambling house, answered that be did not keep oho now ; being again asked ithether he bad ever kept a gambling house, be submitted to the Court that he was not bound to answer the question, and Lord Tenterden decided in his favour; he did not know who the persons were who were playing at the house at Pickering-place, nor who they were who were present at the time he lent the first 1001. to the defendant; Sir J. Scarlett might have been there for any thing he knew. Sir J. SCARLETT said he was very much obliged to him, and that wh he went he should not be ashamed to own the place or the company who were there present, but hecertainly had not the honour to be present at Picketing•place. The witness upon this said he should not be ashamed to avow anything. • Sir J. SC.ARLETT—If you are not ashamed to avow anything, will you avow' your profession—will yoti avow that yin kept a gambling house? itness-1 am protected by my Lord, and I refuse to answer the question. The witness further stated, that he was in no business at present, but lived on his pro perty, consisting of money in the Bank, and houses at Birmingham ;be had-left off the business of a butcher' about 15 years. Sir JAMES &alum's., in addressing the Jury, ad mitted that the case must rest on the testimony of these two witnesse., for he could nut call the defendant to =plain the true nature of the transaction ; but, even 'upon the testimony of these witnesses, lie put it to the Jury whether they were not convinced that this money, or part of it, had not been lent to the defendant, an im prudent young man, fur the purposes of gambling ? If either the whole Or any part of it was so.lent, then the security was void, into whatever hands it came. The provision of the Act was, that if money was lent to any person who was engaged in gambling. or in a place where gambling was going on, and where the borrower engaged in the play on the same evening, or on the same occasion, any security given for the se., payment of such money was absolutely null and void, into who•e hands scorer it came. Now the witness Wood admitted that he himself had been in the habit of going . to the house in Pickering-place for the purpose of play, and that the defendant had been in the habit of going there for the same purpose, and that he had lent the defendant 1004 of - the money at that house, at a time when play was going on; audit was for the Jury, as men' of the wortd,fo consider whether that money was nor lent for the purpose of grumbling, and whether the defendant did not gamble with it there on that night. Smsething,'perhaps, might have been said about fitting out a blusher to India, although the fact bad not been proved that there was any such fitting out ; but that was clearly a mere pretence set up to conceal the weal purpose of .borrowing the money. If. then, they believed that the money was lent for the purpose of gambling, or it the defendant did then and these actually gamble with it, the securities were worth nothing, even though, they had been in the bands of a bona lute holder. Lord TENTERDIER put it to the Jury, whether they were satisfied, Irons the evidence, that the 1001. lent at Pickering-place, was lent while play was going on to a person who himself played on the occasion f As to that, they had. the evidence of Wood, who admitted that be • lent the mosey to the defendant at the time when play was' going on, but demed that the defendant played on that occasion. If they believed' that he did not play, ' I would find fee the plaintiff for the whole sum 'Tie• Jai deliberated for a few minutes, and thee found for the plaiadit—Damages (inhuipal aad terest) 2SSL POLICE .INTELJAGIANCE. GUITWALL. • Au Helium was charged with burglarlously entering the pre miers of Mee: Bead; a laundress• on the 17th idstant, and steeling.. shoat 151. worth aline's. The 'prisoner the neat day attracted the notice of two Union Hall Officers, who•savii him whit a girl enter a public.house in Fleet ; market, and seat 00016411 CA with the bundle of itolen property before them. The prisoner admitted the bundle belonged to him, and was immediately secured. In a few days it was discovered that the property bad been stolen (rem Hampstead. The prosecutrix identified the prisoner as having been id the habit of bringipg beer to her house about three years ago. he being the pot-boy at a neighbouring public.boase, and he was fMUy commit. ted for trial. BOW-STREET. Charles Divehi was placed at the bar, charged with deliberately entering the shop of Mr. Samuel Morgan, Wrier, in the Steam', and taking from the window a Bandanna handkerchief, with which he decamped. James Taylor, shopman to •Mr. Morgan, said, that a silk hand. kerchief, similar to the one produced, was stolen from his master's shop a few days back, .rand last night aboutailne o'clock, the prisOrter opened the shop door, and took front the window another, and de liberately walked out, on which he quickly followed and took bins into custody. when he in.tantly gave up the handkerchief. The prisoner said nothing in his defence. Sir Hiccup Bier= committed hint to prison, until the neat Sessions. SINGULAR ROBRIRT *v DRURY LANS TilltATßZ.—Saturday a young man, named Won. rusg, was charged by Captain Milts with stealing a silver cigar-case, value 51. his property. Captain Miles stated, that he went to Drury-lane Theatre on Friday night, and aelt was a fine evening, lie smoked a cigar on his way thither. lie called at a tobacconist's shop in Holborn, and purchased cigars and filled his case, which he estimated at more than its intrinsic flaw, because it was a gift of a brother offi cer when he was on service in India. When he entered the theatre , be was positive the cigat.case.was In the side pocket of his top coat. The prisoner stopped him as he entered the rotunda of the Theatre, on his way to the boxes, and asked him if hexould leave his coat In his care till the performance had terminated. He took off his coat, and received a ticket from the prisoner. When tar performance concluded he weut dowel stair. and .shed Me his coat, which the prisoner produced on receiving the ticket. Witness put his hand to the side pocket to feel if his cite ca.e was safe, and found it was gone. Ile taxed the prisoner with having abstracted it. He denied it. Witness ascertained that the prisoner was em ployed to assist his father (a very respectable old man, who is em ployed at the Theatre to take care of coats, cloaks, tic.) and that, after he had received witness's coat, he had left the Theatre fur considerable time, and, believing that he had taken that opportunity for disposing of the cigar -caw, be gave him into custody. Sir It. BRIM asked the Captain if be was quite positive that the cigar case was in his coat pocket when he kit it with the prisoner? The Captain replied that he was quite certain. Sir ft BRUM observed, that be thought Gentlemen, when they left their coats in the care of the porters of the theatre. ought to take care there was no property left in the pockets, because it was a strong temptation to dishonesty. Mr. Thomas, the constable of Covent-garden, said that the system at Drurrlane Theatre was acted upon at Covent-garden Theatre, and be assured the Magistrate that nut a single robbery had bees committed for seven years in the latter humor ; and the only mistake that had occurred was in one Gentleman's taking anuther's coat for his own, which was afterwards exchanged. Sir It. Blame, having ascertained that the prisoner was not a young man of very regular habits, - regretted, on account of his father, whose honesty was unimpeashed, to be compelled to coin. mit bins for the offence. . . The prisoner declared that be had not seen the property, but he declined stating where be lodged.—He was committed. HATTON-GARDEN. Saturday Was. Nisbet/ was charged with swindling. It appeared that on the inch of March last, the prisoner called at the shop. at a jeweller, named Levison. in Broad.street.buildinp, and looked out some @sr.:lazed the value of S. which be said he wanted for some customers. Mrs. 'Arbon said that she would send the ear-rings (half a dozen pairs) by her town traveller. About sic o'clock tie same evening, the traveller called at the prisoner's house with the goods, having previously received directions not to leave them unless paid for. He saw the prisoner, who said it was necessary the ear rings should be left till next day, for he had to show them to his customer, who lived at the West.ead. The traveller having no suspicion of the prisoner's honesty, consented to have them until the following day. when he again called, but he was unable to get the ear-rings or the money; the prisoner making the excuse, that he left them with his customer, who had not yet decided upon the purchase of the articles in question ; the next day, however, every thing would be right, for either the money would be paid, or the ear-rings returned. The traveller again called according to ap. pointment, but was unable to get any satisfactory answer about the property. Upon the ensuing day. when the traveller went to the prisoner's house, be found that he had decamped. Hal, the dicer. found the prisoner in lodgings In Albemarle-street, Clerkenwell.— The Magistrate committed the prisoner. M A RLBOROUG H-STRRET. • Saturday a young German, of 'fashionable appearance, was charged with having attempted to violate the person of a young fe. male, the daughter of a tradesman in Vine-stseet, Piccadilly, in whose house the defendant ha/ resided. The defendant was in the service of a Noble Lord, and that morning was to have embarked with one of his Lordship's sons for Holland. The complainant stated, that .sbe went into the defendant% room with sotne linen, which he was going to pack up in his pantalets. teau ; that he then offered her a shilling to consent to his wishes; and,' on her rejecting his proposal. he threw her on chi bed, but owing to her violent struggles he did not accomplish his purpose: The defendant said be was a married man, with a large family. and had committed no further offence than kissing the young lady. Mr. Camille said, be was bound to believe, front the girl'. state ment, that be bad committed a gross outrage ; and, the Magistrate added, he believed that foreigners were addicted to such practices. The prisoner was then remanded for further examination. WORSH I P-ST R HET. • _ A New Way so ass am or A TROUBLIAOSI Win.— Hannah Mewling and Mary Watts, her daughter, were charged before IL Ileouomens, by Catherine Fisher, with threatening her. Catherine Fisher, an interesting looking young woman, residing In White Horse.coutt, Goodman's bride, stated, the prisoners have several times accused me of poisoning an old gentleman who stied in my house, bring very old, and having been ill a considerable time; be had been employed a number of years iu the Bast India Warehouse, and had a pension of eight shillings per week, which I received to support Mm. The prisoner Watts. met me in the arm, shook her fist in my face, and said, I had either poisoned or starved the old man. Prisoner Motlhig—You knOw you bad all the old man's money. Mrs. Fisher-1 had not. There was only eq. which he gave to my husband's father belure he died ; be gave me kis watch; I had not a farthing of his money. Moans— Well, I never threatened you. Mr. Biseumerou— What relation are you to the old man ? Marling-4 was some years ago his wife, but married again by his consent. Mr. Damao:on—What ! did your husband give you leave to pastry another man? Marling—To be sure he did, Sir, and gave me away at Shore diteb church. Mr: Baimanson—Your own husband gave you away to another man ? --- - Mewling—Yes, Sir, that's it, that's it. I was again mart ied lawfully—(A laugh). . Mr. Ilitouourom—lie gave you away because you talk so much. I cant stop your tongue. and I am sure your husband could not. Hurling — Why my husband married three wives in the same way, which is lawful—(Laughter). Mr. Bsoudnvon—AU lawful wives; I never heard such a law ,yer as you, in Amy life before ; were all three wives living at one 'time? Mortiag.--Yes. Sir; but he had parted lawfully with we before he married another. My husband took me to Smithfield in a halter, and fastened me to a postfor ask, as a eistv.in.calf—(Loud Laughter). Mr. Basilan:oat—Why did be put you up for sale as a eow.ln eulf? hforling.—Because I was in the fantily.way—(Laughter). Mr. Baorminvon—You may think yourself well off you don't end your days at Botany Bay. Marling (muck surprhed)—Me at Botany Bat! every thing was done in a lawful way; the old man had three wives, and surely I bad a right to have two husbands. Mr. Baooonvost—You have one of the strangest notions in your bead I ever head of; I can tell you that you are a very bad lawyer ,• you may think yourself well of yoit are not in Botany Bay ; each of you must find bail to Imp the peace towards Mrs. Fisher. mum belongic. o _ • disiovered Thursday night a watchman . ing to Mr. Mansell, surgeon, of Farringdon, Berk., _ dowered two men attempting to break into Mr. Mansell's premises, and on going up to them, one of the villains stabbed him in the side, and snapped a pistol at him, which fortunately did not go off. The villians then fled over me pallisadoes in front of the house, and one of, their ,pockets being caught, was torn off; it contained. .a phosphorus box and matches. The watchmpn's woapd is not considered dangerous. FIRM . Yesterday morping,...betirser.a one and two o'clock, g. destr uctiveir e . broke out in the bouse.r•f Mc. T. Gal es, landlord of the Albemarle public house, situate at th e corner of 'Staffnrd street, Piccadillt. The inmates had ant retired to rest abuse half an hoot, when Mr. An d Mrs: Carter were ar.'u•ed by the cries of the serval'•, whose bed room was in Ames, which shortly mad e rapid prisms, through theentere building. Mr. Caste r and his wife had Tully tin.e to effect an escape, and the ft only in their night clothes, before the.fwlt•le of the lower 'part of the Muse was eneeltiped in ff4 - mrss. The servaat of a Gentleman. who at present resides at Hatcliett's Hotel, had lodged in the house a short time,. e n d iq• con.eqiience of the flames gaining such 414 f Ming 31 , re ,, Janes , , threw himself our of his ted-norn wind ow i i , te , the Lure'. He was taken up ant conveyed to St. George's, Hospital in a lamentable condition, two of his ribs and• one of his legs being broker by the tall. A report pro' lulled that h: had died 'the injuries he received, bare . on our making inquiries at the 110.031 yes.ei Jay alter., noon, we ascertained that he was then Ali or, but in as very dangerous state. Lord C. Bentintk, the Ilnt►. Mr,• Wellesley, and several other di•tinguislied characters,. were prompt on the spot. and rendered material service in rescuing the inmates fr.'m their danger. A young man and A boy, finding it impossible to effect an escape by the street door, proceeded to the top of the linthe, where they remained un the almost in‘uproitable Itot tiles they were rescued Ir m their impending i.ite by the exertions of Lord C. Illentiock. SO rapid were the flames in thcr progress through the entire house, 04 II t an article of value was sewed Iron: destruction, a.,d the piemi-es were, in abcut are hour from the c ma. lllVllCtintlit of the .flue. reduced to ruins. A Lady of the name 01 Faulkner, who resided in the biese, h a •414.1 i shlhcully in preserving her own lite, that she had not t.me to secure about 30 sovereigns whith were ia a b x. T. About three o'clock on Wednesday morning, the upper fiat of the extensive range o► bu►ld►ngs in L;be. sheet, Leith, occupied as a sugar house by J Nl•kie and Or. was discovered to be on fi,e, and in less Oda an hour the %hi le was in flames. l'he fire was ci..if sersed fo► a very short time before the roof - felt in, 41 from the additional weight thris tinown on the upper fiat, it gave way, causing each A•tt to fall upon 64 below in rapid succession. Part o► the front wall aft. nice gave way,•,fall►ng outward•; and though several persons had a narrow escape, we did not hear . that soy individual was hurt. A hdu.e on each side, the one occupied Ai Mr. M.Fie's counting room, and the other the property of Messrs. Mowbray, were destroyed by the falling of the walls. The counting mons W 4% lot some time on fire. The wliole of this extensive building, including some valuable machirierY, is now a miss ut ruins—i he amount of prverty destroyed is e•t►mated at iron 8 to 10.t►p01. pan of which was insured. There was a considerable stock of sugar on the ts.etnises, 'Sr hone of which has been saved —Evening Couttat. Wednesday last, a young lid tell Into the river, and would erobably hate been drowned but for the activity of a man named Maher. a boatman. After he had been rescued from this perilous situation, the boy was brought to an apothecary's shop, where his friends received such directions relative to him as were deemed necessary, and were enjoined not to give him any . dercriptlim of spirituous liquors. " Wells .but a. little - punch 'con do hint no harm, at all events," said they. The-aptheciary was explicit, and warned them of the cOnsecilleitces• of trying the efficacy of such a core.. The 'boy Wks taken away—punch was given him during thnnight. and in the morning he was a corpse.—Clonitril AdVeriiiir. .HASI Smear, APRIL 14.—A fesrful - circhmilta cc occiirrei bete last night.- It would seem thnt two 4 three persons living in the neiAbourttood +five Occa sionally been on the "look-out." for smugglers • and have represented themselves, with the viewsifobtiinirti easy possession. of any contraband property. as Excise men. On the night in question one of the party Stopped a cart, in which he supposed smuggled property • wit c incealed; the driverissured him be was under a Snii take; still the man insisted on hirright. The former resisted the attempt, telling him he wit not authorised' by 'lune of any office; the latter said he was, and im mediately proceeded to overhaul the goods. An affray now commenced. the driver telling him that if hernude another attempt he would shoot him, at he meant to take property which was honestly obtained. The pre tended. Exciseman forthwith attempted to seize the goods, when the driver shot him dead. An Inquest has since been held on the body, and the Jury returned is verdict of Justifiable Homicide. HEIIDOMADARY. Tun Dar--Vemes rises 40 minutes past Sun in the morning.— The Etonian Catholics ebonite the Feast of St. George, the Patton of England. on this Jay ; and the colours used in the Priestly or naments will be red. • To Mosenvt— Mercury riseslo minutes past four in the montings Wzomuioav—The *nightingale - slur, the cuckoo proclaims the coming flowers, and the. common snake appears. Noted in the Hebrew Calen dar, " Joshua died.'"—See. an accovnt.of his death in the Book of Jo shua, Fehr. v. 29. Oxford and Cambridge Tenn* begin. Ttauasoav—The moon in perigee. FAIDA Y—Huliday at the Beak and India House. Si. -MAI and St. James. During. the past month the days increased St minutes in the morning ; in the present month they wall increase only 45 minutes. At eleven o'clock at tight, at one-fourth of the space above the horizon, of the distance between the horizon and the point of the Heavens immediately above our heads, will be found in the Spica Virginia ; in the South-east. Libra ; in the East ' Hercules ; in the North-east _by North, Alpha Lyra; the North by East, Cepheus. Stammer—Noted by the Jews as the BIY when the walk ofJr rides fell down.—Sun rises 34 minutes past four; sets 26 milieus past seven. MARRIED. At Edinburgh, on tke 21st inst: Lieut. General Hay, Depart Governor of the Castle, to Mary Elizabeth, second daughter at the late Dr. Guthrie, of Sr. Petersbergb. At Chichester. the Rev. Henry Haymow Hod, M. A. of Worcester College, Oxford, to Frances Illissbeh, eldest daughter of the So. Dr. Holland, Precentor of Chickeiler. - At Newton St. toe, near Bub, the Rev. Walter Long, 114011.0 Oriel College, Oxford, Rector of Calloea. Wilts, to Sarah Ant* eldest daughter of the Rev. Peter Gunning, Rector of Newton St. Lee and of Bethwkk. At Woodbridge , the Rev. Foster Maynard, to Sophia, mai daughter of the late John Clarkson, Esq. of tbe.above place. The Hoe. and Rev. Charles George &recent. Rector of Noes. ton, Bucks. to Mary, only daughter of the Rev. Primatt Koff. Rector of Msenteyiln the same county. The Rev. Juba Campbell, of Yingdand, to Miss &web, late of Newington Green. DIED.• .. At Home.the Rev. J. Phelps, Rector of Aklerial of and Cranbant, Gloucestershire. At amen Latimer, the Rev. John Carrie. Rector of Dlsresitt Reflood, 9112. At his jimmy, Lydford, aged 74. • the Rev. Maim* Bra B.A. wise bad been 45 years Rector of Rant Lydford, fiemsrset. Thelleatielurd Lloyd, of Tower hill, in the comity of Limerick. At roseembig, the Rev. John Keen Hall, ILA. Thweeday, at Kensington-, WiUlam Pearce, E,eq in the79d year et Els age, formerly Lisutenant-Colosel is the 15th Regigalet . M. • At Cape Breton" North America, where he was detached a. command. Capt. Geo. Harley Love, of the Sed Light Infantry.. IllfigAiii — Tifeu LONDON-BRIDGE TO MORRO* Mening " 40 minutes after 9 A(tarwan Y 4 snares after 10 LOIRDOWID Printed and Ptl ----r 7E. --- blisised y Jong errn, the Propriesifil at the Sue, Omer,ft t, Plebettllser, Temple Bah .. ';