Star. — London, England, 1830-07-30 00:00:00

'1 Ipon their t xerCorit. than of renewed :now well how to take his leave of c of address was exhausted, but he ire he had derived from the meeting, rind." (Cheers.) Might that day's the whole country. and the means of ioventent throughout the whole king i.e worthy baronet men took iris leave a.nidst the most deafening cheers, and the meeting quietly broke up. The meeting was supposed to have been attcnbed by about 20,000 persord.. D' count ; ; 4:-4V).- '; —l'. ~`• -7' . r. -4c, i , -.; 4,rtelite s , . dart tip •. 01 : 00 :, ~..'"kie rulnli . not kne . -..„—. :.' sera . yery topic I • • . elki iske pleasure ° 4. 1 :.- ' eying look b h. 1 ~ ~e be hi ' bft exanthle to t) oteasioning ato ul:aneous inovi Ilea:. Tt.e worthy baronet the: LAW REPORTS. COI.IIIIT OF CHANCERY, JULY 29. EX-PARTE SCOTT, IN TILE MATTER OT HOBSON, A BANKRUPT. The arguments having been concluded in this case, The CORD CHANCELLOR this morning confirmed the order of tlio Vice Chancellor, which directed that that part of the proof of Ara petitioner's debt against the bankrupt's estate should be exiinned from the evidence, so far as it was founded upon the transactions between the parties with regard to the notes of the Leith Banking Company. !Fs Lordship further directed, that more inquiries should be instituted as to the nature of the remaining .alaacc. His Lordship was occupiel during the remainder of the day in diepo•ing of bankilipt's pe!itions, of nn interest except to the parties. ROLLS COURT. Jinx 29. HOLMES V. HOLMES. In this ca .se, the question whether the testator, under the words of his will, " rest and residue of my personal effects—viz. stocks and debentures," intended to bequeath every description of residuary petvonalty of which he might have died possessed, not having been as yet decided, an inquiry before the Master was directed, to aster. tain whether, at the time of his death, the testator possessed any other personal effects than had been so specifically described, having regard to a sort of dome►tic ledger kept by him during his life? CURTIS V. ROBARTS. This was a bill filed for the purpose of executing a part of the will of the late Sir W. Curtis. By the marriage settlement executed in the year 1776, on the anion of the late Sir William Curtis and his lady, a sum of 3,0001. was vested in trustees, for the use of husband and wife, during their lives ; after their death to descend to their children either by appointment or division. By his will, Sir W. Curtis bequeathed to Iris wife 2,0001. per annum, and to his surviving children a much larger sum than they could enjoy under the settlement, upon condi tion that they should waive their interest under the latter, and indem nify the trustees. The only difficulty in the case arose from Mrs. Adams, one of the daughters of Sir Wm. Curtis, being a married woman, and consequently requiring the assistance of this Court to render her election unimpeachable at some future day. On this roint an inquiry before the Master was, as a matter of course, di. teemed to determine whether it would be for the interest of Mrs. Adams to resign the benefits of the settlement for those of the will? Declarations were also made by his Honour on two points, which were left ambiguous in the settlement. The first was, that by im. plication, although not by direct words, Lady Curtis, on surviving her husband, was entitled for the remainder of her life to the same advantages which were secured her during Sir William's life. The second was, that the interests of the children became vested on their attaining the age of 21 years. RUSSEL V. COORIL This bill was filed to elucidate and establish a will. The testator, a gentleman named Shakleton, being pesseased of a property amount ing to 20,0001. a year, sets out in his will by declaring his mark tn of the necessity of entailed settlements to preserve property in a family, and expresses his determination to devise his own estates of every description upon so stable and admirable a principle. He torihwith makes a will, the dispositions of which, it is not im probable, will defeat this very intention, for the fulfilment of which it was specifically created. With much confusion of lan guage he devises all his estates of every denomination to trustees, fur the use of the son of the grand-nephew of a Mr. Russel. to be vested when he should attain the age of 25 ; in default of which person. he conveyed the same interest to the eldest son of the se. coed, other SORB, except the eldest, of Sir W. Cooke, of Wheatley. The grand-nephew of Mr. Russel is, however, but a twelvemonth old, and the sons of Sir W. Cooke are also in their early boyhood, so that the interest given Ly the testator may be inconsistent with the statute for the limitation of executory devises. For the present his Honour only directed an inquiry into the number and ages of Sir W. Cooke's children. His Honour said, I suppose, Mr. Preston, this will was drawn up by you ?—(laughter.) Mr. PIvESTON.—No, Sir !—I have never drawn but one, and that has Leen complained of.—(The learned gentleman alluded, we believe, to the will in the case of Bengough v. Aldridge.) His Howoux—ln what state is that case now ? Mr. PRESTON and it had been deferred in the House of Lords for some reason of which he was unaware. His HONOUR—I have had some conversation with Lord Eldon respecting it, and he seemed to be of my opinion. Mr. PRESTON...4RM happy to hear it, Sir. I have taken a great deal of pains to be successful in it, and, if I am not so, I shall thirk myself no longer fit to remain at the bar. SUTTON V. SUTTON. This was a question of title, which gave rise to a long discussion between the chief members of the Bar who generally attend this Court. The most important difficulty in the case was to this effect: By the treaty of peace between England and America in 1784, it was stipulated, in the 9th article, that the right of property possessed by American subjects in England, and English subjects in America, should be preserved to them, " their heirs, and assigns." The 24th at tick declaring that the first ten articles should be permanent, it Wl3 necessary to obtain an Act of Parliament to confirm this treaty ; accordingly the 37th Geo. 111. was passed, by which, amongst other articles, the 9th of the treaty was confirmed. But the Act of Par !lament subsequently extended its own validity to the perm anence of the treaty. War occurred between England and ics in 1813; the treaty, of course, was infringed, for part of it stipulated for the preservation of peace and amity. The question from thence arose, whether the rights of American individuals to lands in this country had been compromised? His Hosou It held that they were not. The rights secured by the 9th article of the treaty, and sanctioned by Act of Parliament, were necessarily of a permanent and perpetual nature. The clause then h the Act of Parliament, which determined its own validity, with the infraction of the treaty, appeared inconsistent with its former clause. It was the duty of a Court of Law to construe the Act so as to avoid such incongruity. He was, therefore, of opinion that the right secured to American subjects, their heirs, and assigns. to their property in England, remained in force. V ICE-CHANCELLOR'S COURT—Tutr aSDA Y. DOYLZ V. DELL. In this cue the plaintiff, who is the author of the popular litho graphic (exing representing his late Majesty in his pony phaeton, obtained, some time since, an injunction against the defendant, to restrain him from continuing to publish a pirated copy of that print. Mr. Hoar.s moved this day, on the part of the defendant, to dissolve the injunction. The Learned Gentleman (with whom was Mr. GIRDLLSTONE, junior) made use both of much humour and legal argument to convince his Honour that the injunction should be dissolved, on the ground that the copy, which was a fac-simile, in line engraving, of the plaintiff's print, with the exception that the heads of the ponies were turned towards one aide of the paper instead of the other, and that the King's arms in it were faintly represented on the pannel of the phaeton, was not a pi. racy ; and, secondly, that even though it were, the absence on the original of the artist's name which was not engraved in full, but only represented by the initials J. D. rendered it unprotected by the fitatutes. Mr. KNIGHT and Mr. WRIGHT were engated for the plaintiff, but his Honour did not give then the trouble of replying to Mr. Horne, but at once confirmed the injunction against the defendant, and with costs. ASSIZE INTELLIGENCE. OXFORD ClRCUlT..—WoectsvEa, JULY 28. CROWN SIDE. (Before Mr. Justice Paste.) Thomas Turner, labourer, aged 17, was indicted for a rape on Louisa Blissett, a child under the age of ten years. Mr. Lee stated the case for the prosecution, u afterwards detailed by the following witnesses : Louisa Blissett, a pretty-looking young girl, deposed u follows: 1 went to Kidderminster market on the 14th of June ; I returned home about fire o'clock ; my father lives at New-wood, about three miles off; on try return home I met the prisoner; I had seen him several times before, but did not know his name. When I met the prisoner I dropped my comb ; when I picked it up he said it was his comb ; I said it was rot his, but mine, and I had just dropped' it. After some conversation of a nature unfit to publish, the little girl detailed, with great perspicuity, the prisoner a cor.duct towards her, which was of the n:ost revolting and disgusting description, and could leave no doubt of the capital offence having been coin. rained. By the Junes.—l never had a quarrel with the prisoner be fore this ,transaction, caliber had my father or mother. I men tioned the primoner's conduct to my mother as soon as I got home. 41 the prisoner's being asked if he had any questions to put to the little girl, he answered in a sullen mood," I never knocked her down ; 1 never touched her." Swath Blissett, the mother of the child, said—bly husband is a farmer; my daughter was nine years old bat September; on the 14th of June 1 sent her to Kidderminster; she returned about six o'clock ; she was then crying ; her father opened the door, and asked her if she ,was wet, as it had been raining? she said not very. He then marked her what was the matter, and what made her cry ? she made so answer, but cried sadly. I went to her, and took off 1,, r wl, and told her not to cry at a little rain ; ohe said, lam not crying for the rain, mother; a man stopped me on the road; said, Never mind ; don't cry, he hasn't hurt you. She replied, Ile has hurt me very bad, mother. In consequence of what my child afterwards told me, I examined her person. [The witness here be came very much distressed, and it was with great difficulty that she' could dmribe the appearances.] I afterwards took her to a sur geon's at Kidderminster ; the road from my house to Kidderminster is not much frequented. John Blissett examined—This witness confirmed the evidence of his wife. He had never heard the prisoner's name until after this transaction. Alr. George Custance examined—l am surgeon to the kidder. minster Dibpensary. On the 14th June last the prosecutrix was brought to my residence. I examined the child in the pretence of her mother She complained of • great pain in the chest. I also observed a bruise upon the shoulder-blade, as if occasioned by a fall. The witness here described other appearances, which he said, in his opinion, left no doubt but that the child had been abused by some man. Sarah Blissett recalled- -I washed my child before I took her to the surgeon's. This was the case for the prosecution. The priboner, upon being called on for his defence, merely said, " I did not knock the girl down." Mr. Wilson was then called—The prisoner has been in my ser vice more than a yea* he used to attend the cows. There was some dispute between him and a girl, but I do not know the par ticulars ; he was always considered honest. Mr. Justice PARK summed up the case very minutely. His Lordship explained to the Jury, that an Act passed in the reign of Queen Elizabeth, rendered an assault, like the one charged against the prisoner, on a child under ten years of age, a capital offence, whether it was with the consent of the child or not. The Jury, after a few minutes' consultation, returned a verdict of Guilty. The Learned Judge then put on his black cap.—[The prisoner, who had, up to this time, maintained considerable composure, be. came much agitated, and begged for mercy.}—His Lotaship then, in a moat impressive manner, proceeded to pass the awful sentence of the law. He told the pri soner that he had been convicted un the most satisfactory evidence that could be produced in a Court of Justice. No doubt could exist that he had been guilty of a crime of the deepest dye—one, perhaps, if not the greatest, one of the greatest known to the laws. It is impossible, therefore (raid his Lordship,) young as you are, to hold out the slightest hope of mercy. It will he my painful duty to order the law to be carried into full execution, not for the purpose of punishing you, but as an example and warning to others, and to show to those who give loose to their wicked passions, that the Magistrate does not hold the sword of justice in vain." His Lordship, after exhorting the prisoner to spend the few remaining days allotted to him in this world in prayer and supplication to the throne of mercy for forgive. ness, concluded by passing sentence of death in the usual form. The prisoner was then removed from the bar. Sarah Higley, aged 24, was charged with the wilful murder of her female bastard child. Mr. Godson stated the case for the:prosecution, and called the following witnesses Mr. Pierrepoint--1 am a surgeon in this city ; on the 31st of May I examined a female child at an inquest held at Ombersly ; in my opinion it was a full grown child; the head was very dark, as compared with the other parts of the body; the vessels appeared loaded with blood ; the lips and face wete swelled, and of a livid hue ; there was a circular mark round the neck ; on the right side the skin was torn ; I could not form an opinion what caused that laceration ; there were no other external marks; I then opened the head, and found the vessels under the head ruptured ; the brain had no unusual appearance; the membranes of the brain were loaded with blood; many circumstances might have produced such ap pearances. The hand would not have produced the circular mark round the child's neck. The prisoner was very anxious to tell me all the circumstances attending the delivery of the child. but I told her not to do so, as I only was here to ascertain if she had been de- livered or not; she said she had, but that she did not destroy it ; she then called out to her mother, who was in the kitchen, to bring up a box, which she did ; it contained baby-clothes of a miserable description. She said, " You see, Sir, I never intended to destroy my child, or I would not have prepared these little things." Mr. Godson—Can you form any opinion of the cause of the child's death ? Witness.—l am of opinion the child was born alive ' and that the mark round the neck was sufficient to cause death ; but I can form no opinion what caused that mink. Cross-examined by Mr. Carrington.--The prisoner told me she had no professional assistance at the time the child was born. A surgeon had been sent for, but did not arrive until some hours after her delivery. Mr. Lingham.—l am a surgeon; I saw the body of the child, but did not examine it. The Counsel for the prosecution said he had no further evidence to produce respecting the cause of the child's death. Mr. Justice Panic here said it was necessary, in order to support the indictment, that the child's death should have been produced by strangulation • the Jury had heard the evidence of a highly respect. able professional man ; and before the case was further proceeded with, he wished to have their opinion whether they thought that death did ensue from such a cause. If they thought it did, he would then go on, but if they were not satisfied on that point, it would be impossible to find the prisoner guilty. The Jury, after a few minutes' deliberation, said they were not satisfied as to the cause of death. They then , under his Lordship's , direction returned a verdict of Not Guilty , the prisoner was removed from the bar. The prisoner, who was dreadfully agitated, was cautioned by Mr. Justice Park as to her future conduct. WESTERN CIRCUIT.--fiamenuaY, JULY 28. (Before Mr. Baron V•vesuaix.) Hannah Willis was indicted for the wilful murder of her female child, at Trowbridge, on the 28th of March last. From the evidence it appeared that the prisoner was an inoi. vidual of most exemplary character up to the time of that which gave rise to the present investigation. On the day mentioned in the indkuneat she was delivered of • female child, which she con cealed in a box, none of her friends suspecting that she was I. the family way. In the evening of that day she informed her friends of what had occurred, and subsequently a coroner's inquest was held, and they brought in a verdict of wilful murder. On the child being anatomised, there were found behind the left ear an extensive bruise, and the parts considerably swollen and discoloured; there was also an indentation which the surgeon said could never have been duced by natu ral causes ; but another being of opinion that it mittltt have occurred accidentally, the Jury acquitted her of the cap tal offence, but found her guilty of concealing the birth, and she was sentenced to one year's imprisonment and hard labour. Richard Chipp was indicted for the wilful murder of Robert Coles, of St. Thomas, in this city, on the 23d of June. Mr. Itlisaing, with whom was Mr. Manning, stated the case to the Jury. Ruben Curtis examined.—l am a shoemaker, living in this city. I was at the Rose public-house on the 22d of June last; the de• ceased was there ; he came in after me, Tura came in after. Chin), was then there. Turner offered a net for sale to Coles. Some beer i was ordered and paid for by Cole, and Turner and Chippe partook of 'it. A d spute atter took place between Chipp and ColaChipp said he had broken Coles' nose at the Bell, and d—n his eyes If he would'nt break it again. Cole said he never took a challenge be ' fore and would not take that, and got up and stripped to his skin. Chipp pulled off every thing but his flannel shirt. Coles said pull off your flannel shirt. Chipp said he would not. Colts then said he would not fight unless he took off his flannel shirt. Chipp mid he wouldn't. Coles said it is no battle, patients% I shan't fight. Chipp got up before him, and said, I've a good mind to give you one • both then had their shirts. Chipp then took him by the neei, ran into him, and threw him over his left shoulder. Coles fell to the ground. Chipp's knees pitched on Coles' bowels He then took bold of the hair of his head, and beat it on the ground. Coles was struggling to get up, but he would not let him. The de. ceased was taken up ; he was not able to stand, and put into the stable, and from thence taken to his home, and then to the In firmary. Mr. Miles.--I am a surgeon, and atterded the deceased on the 22d of June, between four and five. He was then in the stable, lying on his back groaning. He told me his name was Coles, and I advised his being removed home. He complained of great pain in the lower part of his abdomen. I wished him to be re. moved to the Infirmary. Called on him again at ten. He had passed about half a pint of pure blood from his bladder. He was afterwards removed to the Infirmary. Mr. Sampson, surgeon, attended the deceased at the Ink. wary, where he died on the Friday following. I found the bladder had been ruptured, and I attribute his death to the rupture of the bladder. . . _ ...- ----- The prisoner called witnesses in his defence ; but all who were present at the time gave a similar version of the affair as the wit nesses for the prosecution. 11,1 r. Baron VAUGHAN summed up. He was of opinion that there was not sufficient evidence to constitute the crime of murder. The Jury found a verdict of Guilty of the Manslaughter. He was sentenced to one year's imprisonment, and hard labour. George Hcod, Samuel Hood, and John Hood, a father and two sons, and very respectable-looking men, were indicted, the former for maliciously stabbing one John Staples, while aiding and assist ing Edward Dowdey in the execution of his office of tythingman, and the other two for aiding and abetting him. After a tedious trial, the jury having consulted for some time, returned the follow ing verdict : Samuel Hood—Not Guilty. George Hood—Guilty. John Hood—Not Guilty. The Jury recommended the prisoner George Hood to mercy. Judgment of Death was recorded against him. NORFOLK CIRCUIT.—CAMBRIDGE, JULY 27. George Bright was placed at the bar, charged with having, on the 241 day of July last, unlawfully stabbed Thomas Sell, of the parish of St. Peter, in this men, with Intent to do hint some bodily harm, and with intent to resist and prevent the lawful apprehension of him, the said George Bright. Mr. Hunt appeared for the prosecution; Mr. Smith for the prisoner. From the evidence of the prosecutor, and other witnesses, it ap peared that the prisoner went, at half-past ten in the evening of the day laid in the indictment, to the house of a Mrs. Bagger, a laun dress, with whom lived a girl be courted, and was about to be mar ried to. He demanded to bee the girl, and declared he would not quit the house till she came to him, and went away with him. Mrs. Bagger sent for a constable named Rolfe, and before Rolfe came the prisoner had retired into the garden, and the house door was shut. From the evidence of Sell it appeared that he was with prisoner in the garden for some time before the constable ar rived ; that after he came, the prisoner was taken into custody, and with assistance bound hand and foot, and carried off to the spinning house. That, on the way thither, the prisoner, being opposite his father's house, called for help. That - help came ; and somebody, probably his brother's wife, handed to him a knife, to cut the cord. That whilst he had the knife he cut the fingers of one man, wounded another, and at last stabbed the witness, Sell. The prisoner was in liquor at the time ; and it appeared, when sober, was very inoffensive, The constable (Rolfe) swore that he took the prisoner into cus. tody ; but all the reason he had for so doing was, hearing the pri. soner say, as he stood near the house, " If they show a light at the windows, I'll break them all." Upon the prisoner saying these words, the constable tuok him into custody, bound him, and had him conveyed to the spinning-house. Mr. Justice JAMBI Pattiz here stopped the case. The arrest was clearly an illegal one. At the time of taking the prisoner into custody there was no breach of the peace. The prisoner had said he would break the windows if a light appeared. He did not break the windows, neither did he:do any other act amounting to a breach of the peace. If death had ensued from the resistance made by the prisoner, after such an arrest as had been proved, it would not have amounted to murder, but to manslaughter only. Upon the prosecution of Mr. Hunt, Edward Warren, James Townsend, and James Green, were indicted for breaking and en tering the dwelling.house of the prosecutor, and stealing therefrom several sovereigns, and various goods. The case was one of a very aggravated nature, the prosecutor and his wife being very old. They were threatened by the prisoners in bed, but no violence offered. The prisoners were all of most determined appearance; and, in the questions they put (they had no Counsel) more than once identi. fled themselves with the transaction. They were found Guilty, and the sentence was deferred. INSOLVENT DEBTORS' COURT, July 29. Jowes Win. Poynts, the son of Admiral Poynts, who was opposed by Mr. NIcKoLLS, on behalf of two gentlemen named Maturin, residing at Paris, by Mr. Comm, on behalf of Mr. John Rock, a nd by a creditor in person named Chilies Lovell, a publican, came up this day for judgment. The case of this insolvent was ad journed by the Court, that the insolvent might re-advertise and pro duce a copy of the register of his baptism. The Cum, Comm:nowt', in passing judgment, observed that it was to him most painful to be obliged to animadvert on the con duct of one who had moved in the sphere of life that the insolvent had done, and who was closely connected with persons of cha racter and distinction. In cases like the present it was in variably urged that great allowances were to be made for youth, on the ground of inexperience, and the facilities afforded It for obtaining credit. For this he was disposed to make the ne cesary apology, and he could not too severely adnimadvert u po n the conduct of those persons who were always ready lavishly to supply persons like the insolvent, in the hope that they should be able to wring from their parents or friends the amount of their enormous bills, and he could not but lament that some parents had been ground down and brought to a state of destitution by complying with their demands, rather than a relative should be exposed to the disgrace of imprisonment, and the exposure con sequent upon passing through this court. But although he could make every excuse for inexperience exposed to the fascinations of the world, he had none to make for fraud or meanness. We naturally looked to the season of youth for the display at least of honourable feel ing s, for it was not until the hart had been conta minated, and rende red utterly callous, by a protracted intercourse with the world, that it was supposed to be altogether insensible to it. The insolvent, however, in his conduct towards Mr. Rock, the op. posing creditor , be was sorry to say, had manifested a total dis regardof all honourable feeling. The learned commissioner then recapitulated the facts of Mr. Rock's case, and after having further expatiated on the conduct of the insolvent, adjudged him to ten ca. lender months' imprisonment at Mr. Rock's suit, and declared him entitled to the benefit of the act as to all his other creditors. Frederick Francis Ineledon son of the late Mr. Incledon, the vo calist, who was sent back on Wednesday by the Court to prepare a new special balance-sheet, was brought up again this day. - The in solvent's father-in-law, Mr. Pace, having consented to pay into Court a sum of 201, the value of furniture which he had purchased from the insolvent a few days previous to his arrest, and paid for, he was discharged. It Is right to add, that the Court was satisfied Mr. Pace had pur chased the furniture fairly; but the Act of Parliament on this point is so strong, that any one purchasing eflbcts from an insolvent three months before his arrest, must pay the money over again, or restore the effects, for the benefit of the assignees. POLICE REPORTS. CURIOUS CIIALROIC or FELONY.--Yestirday, S young man, named Waller Tyler, a butcher, was charged before Sir J. Pais. ante, with stealing a box, containing n quantity of female wear ing apparel, the property of Mr. John Burt, landlord of the Grey hound-Tap, Smithfield. Mr. Burt, stated that, on Wednesday morning, about seven o'clock, he was informed by a man in his service that the prisoner was leaving the yard with the box in question under hie arm. Mr. Burt immediately pursued him, and overtook him with the pro petty in his possession. The complainant identified the box as soon as he saw It, it being one which was moll kept in his own room ; and, on examining it he found it contained'a quantity of wearing apparel which be had purchased for his daughter. Samuel Chambers, the man who had informed Mr. Burt in the first Instance, stated that, seeing the prisoner leaving the yard with 1 a box which he knew to be his master's, he felt it to be his duty to acquaint of him of it. Sir Joint Pianism asked the prisoner what he wished to say? Tyler replied, that he was called by Miss Burt into the yard, and the box placed by her in his hands, with a request that he would convey it to his brother ' • and as he knew there was a correspond ence going on for sometime between them, he felt no hesitation in complying with the young lady's wishes. Sir Jona; said that this account altered the character of the charge in a very Important degree, and asked Mr. Burt if he knew any. thing of the intimacy - between his daughter and the defendant's brother ? Mr. Burt, who appeared exeeeedingly distressed, replied that it came to his knowledge the day before. His daughter was not yet 17 years of age, and had, he found, been carrying on a clandestine with the brothe r of Tyler for some time past. The banns of marriage had been published in St. Martin's Church, and last Sunday was the last time of asking. But he had fortunately found out this circumstance just in time to prevent the solemnisation of the marriage. Yesterday morning she eloped from his house, and notwithstanding the strictest inquiries have been made since, he was unable to discover the place of her retreat. His leen ho said, were dreadfully excited through anxiety for the fate of his ter, and he hoped the Alderman would give any assistance in his power to recover her. Sir John sympathized in his distress, but was afraid no jury would convict the prisoner under the circumstances. Mr. Burt observed, that the girl being under age, the property le gally belonged to him. Mr. Beresford, the Chief Clerk, replied, that although his daugh ter was in law an infant, still, as the clothes were necessaries, they must be considered as belonging to her, and, consequently, that she had a right to give them to the prisoner, if she pleased. Sir J. PERRINO entirely concurred in this view of the case, and held that there could be no felonious intention proved against the prisoner, unless it could be shown that he had not received the pro perty from the complainant's daughter. The prisoner was accor dingly discharged. Bow.svaxEv......Yesterday Captain Thomas if she, a tall elderly man, of most respectable, but singular appearance, was placed at the bar before Sir R. Mishit ; and no persons being present besides Mr. Maul., the solicitor to the Treasury, and Inspector May, of the police, and Mace, one of his men, Sir It. BIRNIE ad. dressed the prisoner to the following effect :—Mr. Ashe, I have for. warded the document which you confided to tut: to the quarter you wished, and I have to inform you that no notice can be taken of it. It is the intention of the government to go on with the prosecution ; it is, therefore, not in my power to do any thing more for you. The prisoner—Sir Richard, I am very much obliged to you. 1 ant quite ready and willing to submit to any thing they may please to do with me. I could have wished they bad returned me the do cument, fot what defence can I make without it ?' I am old and poor, and deprived by the Government of the necessary means for preparing my defence, and shall therefbre submit tomy prosecutors. Sir R. Mom—Then there remains nothing to be done but bind over the witnesses to prosecute. The officers, May and Mace, were then sworn to the truth of certain depositions, which were shown to them, but not read; and they were then bound over to appear at the next Old Bailey Ses sions, to give evidence against the prisoner, Thomas Ache, fur " knowingly, feloniously, and wilfully sending a letter to his Royal Highness the Duke of Cumberland, threatening therein kill and murder him." The prisoner was then removed from the bar, and shortly site; placed, handcuffed, in a coach, and conveyed by odd, the gaoler, and the two officers, to Newgatc. Permission was asked by the Reporters present to he allowed to see the depositions, but the reply of the magistrate and of Mr Manic was, that they were not at liberty to accede to such a request All that could be asertained was, that the prisoner is the author of " The Spirit of the Book," a publication which excited much at. tendon during the investigation respecting the conduct of the late Queen Caroline. It would appear the offence for winch he is to take his trial was committed some weeks since, for the prisoner has been in custody a fortnight, and Mace, the officer, was employed in watching his movements for some time previously. He was taken into custody in a mean lodging, which he occupied In the house of .t plasterer, at 17, King-street, Kensington. Miaturoactuort-sxmcwr.—For several days riot the fatniliei residing in Park-square, Regent's Park, and that neighbourhood, have been thrown into a state of great alarm and terror by the airy cious conduct of some person or persons who, from some conveni ently adjoining place, have almost daily carried on the most dan gerous practice of discharging from au air-gun, or by some othet means, pieces of stone and other hard substances at those who fre quent the square or the neighbouring walks, to the serious injury of several who have been struck in this way, and to the banishment of the several families, children, servants, &c. from the recrea tion which the retired walks of this beautiful square afford, and to such a height have the Inconvenience and the danger attained, that every effort has been made to trace out the author or authors of the mischief, but in vain hitherto. Yesterday the lady of Colonel Malcolm, residing in Foley-place, came to this office, and stated to Mr. Roe, the sitting magistrate, that on Tuesday last, as she was passing through Pot-square in her carriage , on her way to the public breakfast given by the Du chess of St:Albans, the footman, who stood behind her carriage, was suddenly struck In the neck, just under the ear, and severely wounded by a bullet, formed of plaster of Paris, or some other ce ment, that must have been discharged at him by an air-gun from some adjacent spot, and the consequence was, he was obliged to re turn home and have medical assistance. Mr. Res said that such conduct was most scandalous in whoever practised it, and desired Clements the officer to go up into the neighbourhood where it took place, and try, if possible, to ascertain the source of the evil, and, if the guilty parties could be traced out. to bring them at once before him, and he would deal with them in a way that, perhaps, they were little prepared to expect. Tbe officer in the course of some time returned, and told t: , Magistrate that he had not the slightest doubt but he had satisfa... tofily ascertained the place from whence the annoyance complained of proceeded. He had been shown the spots in which several per. sons bad been struck, and at once suspected from the degree of force, the uniformity of distance, &c. that the offence was corn. witted by some person in a particular house that he bad marked, and his suspicions were strengthened when he made inquiry at se veral of the houses in the neighbourhood to know if the occupants could give him any information on the subject, and they all, as if with one accord, pointed out to him the very house on which his own suspicions had already rested, as the place they believed the bullets to have been discharged from. Mr. Roe desired the officer to take another opportunity that evening of seeing the inmates of this house, and, if possible, of detecting the immediate author of the offence. The officer described the house as being situate on the cut side of Park-square, near the Diorama, and as near as possible to No. 22, in that impute. SCINTILLA. C;lQvt Po ATS.—Quinque portus, five havens that lie on the East part of England, towards France; thus called, by way of eminence, on account of their superior importance, as having been thought by our Kings to merit a particular regard, for their preservation against invasions. Hence they had a particular policy, and are governed by a keeper, under the title of Lord Warden of the Cinque Pores. They had various privileges granted them, as a particular jurisdiction; their Warden having the authority of an Admiral among them, and sending out writs in his own name. Camden tells us that William the Conquerer first appointed a Warden of the Cinque Ports ; but King John granted them their ' privileges, and that upon condition that they should provide eighty ships at their own charge for forty days, as often as the King should have occasion in the wars ; he being then strengthened for a navy to recover Normandy. These five ports are Hastings, Romney, Hythe, Dover, and Sandwich. PROROGATION.—The act of prolonging, adjourning, or pitting oft; to another time. The difference between a prorogation and an adjournesent of Parliament, is that by prorogation, the Session is ended, and such bills as passed in either house, or both houses, and had not the Royal assent, must, at: the next assembly, begin again; for that every Session of Parliament is, in law, a se. gruel Parliament ; whereas, if the Parliament be only adjourned, there is no new Session, and consequently all things continue in the same state they were in before the adjournment. But this dif ference between prorogation and adjournment is of no long stand ing anciently they were used as synonymous Proregetur curia de hors in horam, quousque placitum taminetur...-MS. de L.L. Borough, or burgh, is appropriated to such towns and villages as send burgesses, or representatives to Parliament. 80. roughs are equally such, whether they be incorporated or not ; there being great numbers of our English. boroughs not incorporated— and, on the contrary, several corporations, that are not boroughs, as Kingston, Deal, Kendal, &c. Boroughs are distinguished into those by charter or by statute; and those by prescription or customs. CANDIDATE.—A person who stands for some post or place, either of honour or profit. The word is Latin (Canthdatus), formed of Candidus (white), by reason of a white shining garment (Toga Candida,) wherein those who aspired to preferments in Rome were habited, at the time of their appearing for the sante, esptciall) at the public assemblies, in older to distinguish them from the crowd. The first discovery of the valuable contents of the cele brated mountain of Potosi is said to have been accidentally made by a Peruvian in 1545, who, in pursuit of a lama up the steep of the =Rey, to save himself from falling caught hold of a shrub, which giving way, brought uz with Its roots a mass of solid silver. MtfirraCttio• AT A DlSCOUNT.—Suetonius tells us that the youthful Emperor Nero gathered the first crop of his gos samer beard in a gaMin box, and deposited the precious spoil in the Capitol, dedicated to Jupiter Opthnus Maximus. The royal bristles and last crop of the Dukes of Cumberland and Sussex's venerable mustachios, so loyally, and almost, we might call it, obsequiously (u it has been announced) reaped in deference to the wishes ex. pressed by his Majesty, ought therefore to be dedicated to Qum. toe Terre. of the ancients, and the no less mighty shaker, if not exterminate', of mustachios amongst the moderns ; though we con fess it would probably require a more capacious golden box than any yet manufactured by Rundell, Bridge, and Co. to deposit the many-eoloured subnasal excrescences of our civil and military whis kerandos In, even if they were as powerfully compressed and squeezed together as bales of Demerara cotton. The English word mustaches, and the French moustaches, the fashion of which is now likely to become obsolete, is derived from the Greek mystax, sup,. Hut labruvo, et is eo stab pill, the upper lip and the hair growing thereon, changed from matsdibufum the jawbone, or mandueo, to spew. The wearers of mustaches will now have to chew the cud of repentance. Adieu, mon pietisir, as the sick Frenchman said. Every body has read Anstey's " Bath Guide, which, for ha witty and playful and characteristic description in very Anent and melodious verse, is one of the most deservedly popular works in the language. But our chief object in noticing it is to correct an ex mistake which the ingenious editor has committed in the following note :—" Man Tucker is onelof the curious instances of a man's slipping out of recollection. Who now mentions his name ? Yet he was one of the most active and most public minds l of England, not fifty years ago; a scholar, a most acute and stirring politician, and a most subtle and scientific metaphysician ; yet the author of " Search's Light of Nature, " and the pamphlet on the American question, has strangely pa ssed away." The editor has here confounded two persons, whose characters were almost as dis. similar as those of hlilton the poet, and Milton the horserdealer.— Dean Josiah Tucker, the bustling hot-headed political pamphleteer, bears no resemblance to the calm, contemplative, profound Abraham Tucker, the author of " The Light of Nature.Putsued," whom Dr. Paley pronounced to be the most original thinker of his age, and to whom be has confessed his obligation for many of the most striking hints in his " Moral Philosophy." The Dean of Glocester.was a risrrow.minded man, the enemy of Locke, and the advocate of the American Stamp Act. Burke demolished him and he is justly forgotten ; but Abraham Tucker will be remem ber,d while tl , ete is one mind in England capable of appreciating sound argument and profound thinking. BIRTHS. The 45th inst. at Glad swood, Berwickshire, North Britain, the lady of George G. Hill, Esq. of Gower-street, Bedford-square, of a son—The lid inst. at Brockwell-ball, Surrey, the lady of J. Black burn, P.sq. of a daughter. MARRIED. The 29th inst. at St. George's, Southwark, Mr. T. Seymour, late of St. Petenburgh, to Miss Piper, of Royal.Mll, Greenwich. DIED. The 28th inst. aged 61, T. Grundy, Esq. of Essl.street. West minster. Lorton: Printed and Published by ions 11/111111, atoll, STAS. Orrice Nu.l, Pickett-place,Tentple Bar. 1