Star. — London, England, 1820-11-24 00:00:00

LAW INTELLIGENCE. COURT OF KING'S BENCH, NOVEMBER 23. THZ LING V. LORD OROSVSNOR. This was an indictment against Lord Grosvenor and another, for erecting . a wharf at Millbank, West minster, by Which the navigation of the River Thames was impeded. A verdict was found for the Crown. Mr. GUMMY pressed for judgment; the CHIEF Jus- TICE had not the affidavits in Court, and the case was put off till a future day. • THE RIND V. EDMONDS, CARTWRIGHT, WOOLEE, LEWIS, AND MADDOX. Mr. DENMAN moved for a new trial in this case. It was, he stated, an indictment against the defend ants, filed by his Majesty's Attorney-General, for a conspiracy, and unlawfully electing Sir C. Wolseley as Representative for the town of Birmingham. The Learned Counsel said, his grounds for anew trial did not arise from what. took place on the trial of the indictment. The indictment was triedly a Spe cial Jury, at the last Warwick Assizes, which was struck in January last. When the Jury was nomi nated, or selected, by the Master of the• Crown Of fice, an objection was taken to the Jury struck, and afterwards when the patties went down for trial at Warwick, they challenged the array. In support of his motion he should have to call their Lordships attention to the case of the King v. Wooler, in which the defendant moved for a new trial, and supported the motion in person. •His (Mr. Denman's) first ground for a new trial sias - that of the Jury being im properly struck and impannelred. • Class JUSTICE.—YOU do this on affidavit. Mr. DENAIAN.—He had the affidavits of C. Pear son, Gentleman, an attorney in the cause, and J. Cartwright, Esq. one of the defendants, who stated that, on attendance at the Crown Office, to strike the Jury to try this cause, the Master produced a book containing between two and 3,000 names of persons competent to sit on Juries. The Master informed the deponents that he formerly took the book and opened it at random, and took the first 48 names ; but now he selected the names from what part of the book he thought proper. The Master produced also a book containing the names of 66 persons whom be said were Esquires, and from them he seNted 43 persons to try the present cause. Air. DENMAN contended, that it was not necessary that a Special Jury should be persons having the title of Esquire; there were hundreds of other per sons, opulent men in the County, who were fit and proper persons to sit on Special Juries. If the Crown OQicer had the right, in the first instance, to select, 66 persons to form the list of Jurors, to try special causes in the County, and from that list again se lected 48 persons, the same Jury would be struck in every case, nod it would operate to the disadvantage of the defendants ; because, as in the present case, a great number (11) of the Special Jury struck were persons who were on the Grand Jury who found the Bill against the defendants. Cater Jusnce.—Was any one of the Gentlemen who were on the Grand Jury on the Jury who ttied this case? Mr. DENNIAw,No, my Lords ; ouly four Special Jurors appeared on the trial. The affida‘vit of Mr. Pearlson and his Clerk stated, that when the Jury was struck, the Officer who struck the Jury was told that 1+ of them so struck were persons who sat on the Grand Jury, and he said there was no legal ob jeclion to their being on the Jury to try the cause. The deponents protested against the . J:rry so struck, and against the improper selection, which they con tended was not fairly done, but partially and illegally. CHIEV Jusme.—Why was not as application made to the Court to set aside the Jury so struck, be fore the trial came on? Mr. DENMAN.—There was not time. CntEl2 JUSTICE.—Yes, Mr. Denman. Mr. DENMAN.—There was not time between the striking of the Jury and the time that notice was served for trial. Cater Jusrice.--You are right; but you remem ber that the trial did. not come on, but went off till the next Assizes, and at Trinity Term an application might have been made. Mr. DENMAN admitted it might, but it was not necessary they should do so. Mr. _Wool - er, on the swearing the Jury, challenged the array, and be bad a right so to do; and now they came properly before die Court to move for a new trial on account of ir regularity and partiality of the striking of the Jury. He (Mr. Denman) complained that the Judge re fused to receive a Bill of Exceptions when tendered. Mr. Justice BEST.—In a civil case a Bill of Ex ceptions could properly be tendered, but in a crimi nal case, it would form a subject of a motion for a new trial. Another ground for his motion for anew trial was, that one of the Jurors struck at the Crown Office, to try this case, was not summoned to attend the As sizes. This Juror was Mr. S. Peache,•of Idlicot, who was summoned on two other Juries. The Com mission for the Assize was dated the 29th of July, and Mr. Peach. was not summoned till August 3. Crites , Judaea.-What day did the trial take place? Mr. DENMAN—On the Sd of August, on the morn-' ing the trial took place, and he lived twelve or four teen miles distant from Warwick, and had taken phy sic on the over night, and could not attend without great danger to his health. This he (Mr. Denman) contended, was a just and legal ground for chal lenging the array, and to support his motion for a new trial. The CHIEFIUSTICE then asked of Mr. HILL, the Counsel for Major Cartwright, if he had any other ground to urge: --Mr. HILL replied he had not. On Mr. Wooler being asked the same question, he replied he had; that was, the name of Mr. Peache had stood twelfth on the .pannel, and they had thereby been deprived of his services. If their Lordships pleased, be would illustrate the points they had urged. The COURT said, it would not be necessary if a sew trial was granted. The Judges, after a few minutes' consultation, said, they had some doubt as to the right of chal lenging a Special Jury, and would therefore grant a rule to spew cause. THE ICING V. LEWIS. William Greathead Lewis, the defendant in this otos; whit had been convicted of selling seditious publication: at Birmingham, was again brought up far jape t to-day. He obtained leave from the Court, to put offtheludginent to Monday next. • The SouctToa-G SNXRAL. on thepart of the Crosrn, threw no obstacles in the way of this indulgence to the defendant. THE KING V. PERROTT AND OTHERS. The defendants in this case, to the number of nine-I teen-altogether, mere brough t up to receive the sen• tence of the Court. They were all 'respectable-look ingformers, from the neighbourhood of Bridgewater, who had been convicted at the Somerset Assizes be fore Mr. Justice Burrough, •of a gross attack upon the person and house of a tax-gatherer in these parts, of he name of Howard, It was shewn in evidence, at the trial, that they hung up this person's effigy for • two successive days ; that they gathered the neigh bouring Parishes to make merry at the execution of “ Tom Paine," as they called him, and that they afterwards made an attack upon his person and house. Two of the defendants were Churchwardens of the Parish, another was the Constable of the Hun dred. It was proved that the Churchwardens set the bells ringing, and they were seen giving cyder to some of the rioters even at the Church door. The origin of their dislike against the unfortunate tax man, was some dispute about taxing milk-carts, and they charged him with giving information - against them to the Surveyor of the District. There were two indictments, on both of which most of the de ' fendants were found guilty. . Several affidavits were put in, by which the de fendants declared that this was the first time any irregularity of conduct was imputed to them. Messrs. BROUGHAM, A. Moons, and Annals, also addressed the Court, in mitigation of punishment. Mr. SOLICITOR-GENERAL and Mr. GASELEE were heard in aggravation. The COURT then deliberated, and having informed itself of the condition of life of each of the defend ants, sentenced them as follows: Thomas Middleton ' the elder, a Churchwarden , for the first offence, a fine - of £lOO, two months' im prisonment in Coldbath-fields House of Correction, and - then to find bail. For the second, a month's c.v.- finement in the same place, to be computed from the termination of the former imprisonment. Gcorge Middleton and James Middleton, sons of the former, £5 each for each offence, and to find sureties. Charles Perrott,'E2o on the first, and £lO on the second conviction. Thomas Perrott, £lO on the first, and £lO on the second. John Andrews, £lO on the first, and £lO un the second. John O. Baker, a fine of £lO on each conviction. John Baker, a fine of £lO on each conviction. Edward Baker, £5 on each conviction. William Ash, a fine of £lO on each conviction. John Wikor, £5 on each conviction. Thomas Permit, the elder (ilie other Churchwar den), a fine' of £lOO, and two months' confinement in Coldbath-fielis Prison. This person was convicted only on one indictment. Samuel Lovell, on the first indictment, fined £lO. II Wliam Andrews (the Constable of the Hundred), a fine of £lOO, and two months in Coldhath-fields. And Philip Need, fined £5. The whole to find se curities to keep the peace for three years towards all and several the King's subjects, themselves in L:4O, and two sureties in k;2O each, and to be further im prisoned until these sureties were perfected. POLICE. We are authorised to state, that the designation given in our Parr of the ged inst. to the person of the name of A'elly, brought up'to Marlborough-street Office, was incorrect. No such Officer as " Captain 'Waldron Kelly, of tl:e 101st Regiment," ever served in that Corps. BOW-3TREET...--Yesterday, Mr. Long, of Walcot place, Lambeth, was charged by W. Westropp, one of the toll-keepers at Waterloo-bridge, with obstruct-, ing hiai in the execution of his duty. Westropp, stated, that at about half-past twelve o'clock on Wednesday night the defendant and another, passing along the bridge, tendered him a sixpence, which he thought was bad, and requested them to change it; but they refused, and he took the bat from off the bead of the " other gentleman," as a security for the toll; upon which the defendant called him a black- 1 guard and a rascal, whi:h he resented by calling the defendant a scoundrel. Mr. BtltSle." Well, there you balanced the ac count at all events." Westropp said, that this abuse, under the Act of Parliament, constituted an obstruction of the toll keeper in the execution of his duty ; and he caused the defendant to be sent to the watch-house. Mr. BIRNIE said, he would not trouble the defend ant to make any answer to the charge ; for the toll keeper, according to his own shewing, appeared to be the aggressor ; and was, in his opinion, liable to an action for false imprisonment—lie therefore disH missed the case. Mr. Howell, the Water Bailiff, who was the "other gentlem:n," then said, he was in company with Mr. Long, and tendered the sixpence to Westropp, and at the same time said to him, If you don't like it 1%% ill give you another." Westropp, however, said it would do, and put it into his pocket. They had got as far as the third arch, when he came running after them. and demanded another sixpence, de-1 Glaring that the first was. bad. Witness, however,l refused to change it after this lapse of time; upon' which the toll-keeper snatched his hat from his head and took it to the toll-houle, and he (Mr. Howell), was kept bare headed in the rain for several minutes. Wishing to get home, he gave hies another sixpence, and his hat was returned. His friend, Mr. Long, in.' dignant at the outrage, made use of some warm lair . guage, and the toll-keeper thought proper to-send him to the watch-house. Mr. BIRNIZ said; the case bad assumed a new aspect, and he must call upon the tell-keeper to find, bail, adding, that if Mr. Howell chase to indict him for feloniously itopping bins on the highway, and taking his hat ftom him, he would cut rather an awkward figure. Mr. Howell assured Mr. BUMF., that he thould follow up the ease with rigour. Westropp was or dered to find bail. He then tendered an ample apo logy to Mr.. Howell, but it was refused. • : MAN3IOWHOUSIL—TWO natives of the Island of Owyhee, in the Pacific Ocean, where Captain Cook lost his life, were yesterday brought before the Loeb MAYOR.. They are warriors, and the sons of Chiefs, of the Sandwich Isles. Their names are Booze ! o,h- Hoo and Tuauo l and they are the first people •of • . those barbarous na tions that ever set teoftiport Enr lish ground. It had been the day before repretentecL to his Lordship that the two strangers were brought', to this country under circumstances of an extraor dinary nature, and that being desolate, and without ) l money or knowledge of the language, oar power of making themselves understood, they would in all probability perish if some means were not taken to send them back to their native country. With some difficulty an 'interpreter was found. He is a young American• who had been taken prisoner by the natives of Owyhee, where he had gone in a schooner called the Seahorse, to procure sandal-wood, with which that island abounds. The following circum stances came out in the course of the examination : —On Sunday last, the Clergyman who officiated on board the floating Chapel on the River Thames, ob served two foreigners, in the apparel of seamen, who were very attentive during the performance of Divine Service, but who gave evident symptoms of never having seen anything of the kind before. The Rev. Gentleman made diligent inquiries, and found that "they were natives of Owyhee; that they had been brought to this country in an American ship ; and had no friend but a Mr. John Tudgay, sail-maker, and owner of the Ship and Pilot public-house, Wap ping High-street, who had been supporting them about two months. Through the medium of an in terpreter, it was stated that . the two warriors had' been fishing at some distance from the shore, in a canoe, with three others, and that an American schooner, which had touched at the island for some of their valuable produce, bore down upon, took them all prisoners, and sailed towards Europe. In the Gulf of CalitOrnia, a Spanish privateer captured the schooner, and took the prize and crew into San Josef; where the Spaniards immediately murdered two of the warriors' countrymen, and mace slaves of the two warriors and their remaining companion. —Alter some time, during which they had wcakdd as slaves, an American Captain, who wanted hands, was accommodated with the two warriors. Ile promise i to land them at Valparaiso, from whence they conk, procure a passage home, but he did not keep his word. He.sailed on to England, and in Landon he left them at the house of the person above named, who has acted with great humanity. The interdict of the East India Company effectually prevents any of our ships from touching at the Sandwich Isles, and therefore the only alternative the unfortunate men hive, is to obtain a passage to some country on the Continent, which trades to China, or to depend upon the charity of this Metropolis. The wish of the warriors is to return home. They are extremely gentle, good-humoured, and good-natured. Booze oh-1100 determined to adapt his appearance to that of those into whose society he had fallen. He there fore put on a jacket and trowsers, and cut off his hair, which hung down to his knees while he was amongst his countrymen. Tuauo did the same upon landing. The former is remarkable for his activity and strength; can bit a pint pot at the distance of ' fifty yards, with the point of hi spear, and can dive to the bottom of twenty fathom water. The inter preter's experience was purchased by great dangers and fatigue. He is twenty-two years old, and in 1817 had sailed in the Seahorse from Boston, his na tive place, to Owyhee for sandal-wood. On the arrival of the vessel he and four others were sent ashore in a boat, but the moment they reached land the natives seized the boat, upon which the interpre ter's companions jumped overboard, and swam to the ship, while several of the savages laid hold of him, and took him up the country, about twenty miles, on their shoulders. As he was 4 rried along the guns were fired from the ship, but there was no loss of life in consequence. He was imprisoned for six months, was at first treated harshly, but as soon as he became acquainted with the language, the greatest kindness was extended to him. Upon being set at liberty, he was tattooed by the Chiefs about the body, sent about naked, and if he had staid longer he would have been tattoed in the face, the highest degree of honour. He got a wife, and was made a warlior, but he feared that if taken in war he would be devoured by the victors, of which he saw many examples, and this terror co-oi,erating during his stay, along with his recollection of his mother and brothers in America, determined him to escape as .soon as possible. An opportunity presented itself in the arrival of an American ship, and he contrived to steal on bo ard . He had since-met with many dis appointments .and fatigues, and yesterday wished himself back again in Owyhee. He is the first civi lized person who ever resided amongst the natives of the Island. The Lotto MAYOR said the account of the two tin fortunate warriors was extremely affecting, expressed his warm approbation of the conduct of Mr. Tudgay and the Clergyman, but at the same time expressed his apprehension that there was no fund-to be ap plied to the case of the poor strangers, except that which might spring from a source which had a thou sand streams—the generous and active sympathy of I Englishmen ! it ARCTIC EXPEDITIM—After sailing over the Cro ker Mountains of Captain Ross, Lieutenant Parry gave to the continuation of Lancaster's Sound the name of Barrow's Sound. On the north side of Barrow's Sound, the voyagers diicovered a broad channel, up Which they could not descry any land, though the weather was clear and favourable. To the land bounded on the west by this unexplored channel, and on the south by the Sound, the name of New De von was given. Nearly opposite the channel, that is, on the south side of the Sound, they met with another broad inlet, nearly as broad as the Sound it s elf, on which the name of Regent's Inlet was bestowed. The Expedition sailed up this inlet a considerable way. The land opposite to New Devon was denominated New Somerset. Many whales and seals were seen about this part. ' Other places discovered received I names in honour of Major Rennell, Captain Sabine, and others. Among the curious discoveries made, was an American musk ox, on Melville Island, the principal of the group of islands in a cove of which this enterprising navigator wintered in 1819. This animal has a large head and shaggy mane, resem bling the lion. It was the only one of the species seen during the stay of the Expedition at that island. A white hare was the only small animal which was met with. It was found upon another island.— Partridges were seen in great numbers, - and the iewly-discovered islands also abounded with eons cent plants of different unhurt sper4l, The huu, of which some vestiges-remain, are presumed to I:a.m belonged to some rsquimaux, whom cliancv cr r terprize may have carried into these inLospita:)lc re gions. Numerous dresses, canoes, &c. &;:. has eal j, 'been brought over from Baffin's Bay, which are co;- struCted with astonishing natural genius, industry, and neatness. IVe mentioned the only serious casnkr which occurred during the wintering of the crews i n these high latitudes. Nevertheless the cold w As 6 intense, that the utmost care was necessary to pre.. vent fatal consequences. An idea of this may •b e formed from the fact, that a servant of Captain SA bine, on some alarm of fire, ran iato the air wi t h out covering his hand—it was irmes!iately fros:-•ritte„, and the poor fellow lost three of is fingers: Ye naz tives were seen, nor any traces of human beings. PROGRESS OF SCIENCE .4T ROME: Some time ago, Mr. Settee, Professor of Astronomy to the Academy della Sapienza,laid before the Maistr; del Sacto Palazzo, the manuscript of his Course rf Lectures, to obtain leave to print it. This was refusel, because Settele taught the Motion of the Earth rouul the Sun, a doctrine for which Galileo was limo -% into prison. Application was therefore made to f. • Inquisition, to solicit a decision conformable to present state of the Sciences. The Hag Office za , t its decision a few days ago, and permitted the cation of the Lectures, as we 1 as the public teachi7s of the Copernican system. But Mr. Settele is, in note, commanded to remark, " iv ccVbrmit,uk-ithike truth r that it cannot appear surptisiiig that ti.illibee's theory experienced opposilion at a time when i: v;„‘ still new, and by no means generally adopted ; and that the persecution which Galileo suffcred, v as to be attrihm,ed mote to his conduct, and to iu prorer I.4:igue whit h he used, than to the q-tiart which be attempted to prove—Nete Monthly .11%. EX TRAORDLN A it Y MURDER. GENEVA, Nor ems E 4.—A double assassinat:ca the details of which seem to furnish the couilterFart to-that of the unfoitnnate Fualdes, was committel. on the Ist inst. in 'the suburbs of this city, on the Fa , son of M. Corbez and his servant. Tho‘.e two vicinn . were found horribly mutilated in the !loose which they occupied at Plain Talais. It would aKear Cut a Ilmg and hard struggle had preceded the perpetra tion of the crime ; but the murderers have not left • behind them the least trace tHat can lead to a disc!) , very. It happened, however, that the same night the murder was committed two young men, who returning from shooting, alarmed a man win) v.-a; carrying a porter's hod, and as he saw them he duet , the contents into a ditch. A little farther oil' they rret another man similarly burdened. On the following day they learned that five men had crossed the Lake, car rying with them a quantity of effects, and leaving be= hind a tru;;I: at a puhiic-house. The Police immediately searched the ditch, and found several things belonging to Mr. Curbez, and among them some bloody lineu. The trunk also was filled with things stolen after the murder. Some days afterwards, a well-dressed man, who was travelling with a-clealerin wine, ordered the coachman who drove them to call for the trunk at the house where it had been left. The wine-mer chant, who had previously noticed Cattlhe hands and. face of the prisoner were much scratched, now sus pected him of being one of the murderers, and had him arrested. This was not done without great diffi culty. The assassin, who is named Machon, is a powerful man, and it was not until after a long per sonal conflict between him and the French gendarme that he was secured and lodged in prison at GM Since that times Madame B. who belongs to a family• of rank in'the neighbourhood, has been arrested as an accomplice, and she has promised to reveal eve) y thing, upon condition of her life being spared. A pro fessor of Italian, who is also suspected, has fled. Sir men anti two women, besides Machon and Madame B. have been arrested. Machon is the Captain of a banditti, called " The BlaCk Band." The gendarme who seemed him was carried in triumph upon the shoulders of the populace to the tawr-hall at Genev !, where he was publicly thanked by the Magistrates, and rewarded with 50 Napoleons (I:41. 13s. 4d.) Barn• Sunday se'nnight, at Bridpoetti, Salop, the wife of die Rey. George Proctor, of a an. 11SARRIED. Nov: 17, at Edinburgh; Peter Ramsay, Esq. banker. te Hon. Susan Mary Hamilton, second daughter of the Late WI.- liana, Lord Belhaven and Stenten. " What slight neglects, what trivial faults destroy " The hardiest frame !" MESS R S.O UR R IE and Co. having devoted them , selves to the study of, and been gratified by the most con siderable practice in those-branches of the profession which they thought . proper to select, trust, that after 30 years' residence in this metropolis, their talents are so well known, and their rept tation so fully established, that no apology is requisite for the deviation from the regular mode of practice. It may be proper to state, that their Medical Education has been of the first class; that they ore Members of the Royal Colleges 'et London and Edinburgh ; and as satisfactory evidence* of the truth of this statement, their Diplomas and Testimonials may be seen at House,thek- No. 107, Hatton-garden, where they maybe consulted with ie greatest secresy and honour by patients of -either se), afflicted by any of the following complaints The Venereal Disease, for which they have discovered a remedy, which is net only a complete substitute for mercury in the cure of this com plaint, but has also the advantage of eadicating the disorder without debilitating the crinstittnion.-2. In cases of Nervous Debility and Vascular Relaxation, whether produced by car, viviid excesses, by the immoderate enjoyments of sensual glee' stores, or by solitary sensuality, where " The vigour sinks, the habit stela awrv, The cheerful, pure, and animated bloom Dies from the face, with squalid atrophy Devour'd, in sallow melancholy clad. " Messrs. CURRIE and Co. are in possession of a Medicine that stands unrivalled fur its superior efficacy, in giving toe to every muscular fibre of the patient, restoring his animal spirits. and re-establishing his vigour, without inflaming the ccostitution , and thus exposing him to the dangers of a rehipse,--3. lt~ Suit tures of the Urethra, Messrs. Currie and Co. splan of treatment has so far surpassed every other method of cure, that they have excited the astonishment and approbation of the most dissb' guished Surgeons, by effecting, hi three weeks cures w hi c h defied all the resources of their skill. In the cure Of any of these cow' plaints their patients will be treated with the greatest skill and soli' dtude. The fee required is the same As that of regular practitioners; Patients in the -country are requested to state particulars C. their case, age, and mode of living, enclosing a Batik of 1 os -I.,ed Note, when the necessary medicines and advice will be s eat to spy part of the world.—No. 207, Hatton-garden. _ — - -- - - HIGH-WATER at LONDON BRIDGE TO-MOlO 4)W ' Mcming 4 1 ... : . 44 miaow *bzr I Afternoon 7 _--- --- 41 ___-. -• 1 • • 4.0 /4 DUN Printed mid puboialoy .Lwr,s, Kindri I'lll° , .Cr } FRE. e la .d A re on rid A 'fates orse arm rks art 1 I rtio f At ordir ,roat ation 1 ick o end oath t the hewn CrIS he Se edia Novel hose ~reset Nurol ickt Who Wan TC el a spu to rel cone dress the their tions but ' hono ment to in, wu prov NE SU 1 Hay u 6 berg Bay Joh Sanl Che did SEI TO in pro' den No, 1104 the 14) . 4 obi 'S