Star. — London, England, 1817-08-11 00:00:00

TILE ARMY'. Monday the Slst Regiment, commanded by Co. ?r,nel Rms. was reviewed on South Sea Common' by Lord How Ann, the General commanding the district, who highly applanded them far the precision an:l ce lerity with which they perforined :heir field evolutions. The transports, having on board the 36:11 Regi ment, sailed from Portsmouth, for the Mediterranean, on Wednesday last. - • NAVAL INEELLIGENCE... DAVIS'S sontAil"s FISHERY. HULL, AUGUST R. Arrived the Eagle, from Davis's Straits, with 7 fish, 230 and bring. the following account of the Fishery fit those parts:—Albion , 6 fish; Ailel, 13 fish; Brothers, t fish; Ever thorpe, 1 fish; Eclipse, 1 fish; Friendship, I fish; Laurel, 6 I re, 2 fish; Royal George, 1 fish; Symetry, 3 fish; Sa mna', 7 fish; Swan, l 0 fish ; Thomas, 3 fish; Truelove, 4 f-h ; and Three Brothers, 14 fish.—'Two ships, supposed to be t(,t• Nrptune and Shannon, from Greenland, and a brig, are in s.ght, and near up to the moorings. FALMOU PH, ADGUST S. Pat lack the Port Royal Govenuurnt boy. Sailed the Duke o Marlborough packet, wither Mail for Lisbon.—Wind W. PLYMOUTH, AUftUST 9. Arrived the Warers.iii, HAlt r, from London, for Calcutta; Griley*, Firatar, from London for Bombay; and Hie Ma Faancis Uinta tri•zate, Admiral Pic K UR Z from Portsmouth, bound to Newtoundland.—Wind S. W. POR ISMMITI-1, AUGUST 30. Arrived yesterday the ijony, hit-roocK, from Memel, for Oporto. Passed by the Jane, Plowt.tyr, from Jamaica, bailed the it4th of June. Sailed the Wharfe, HAZ LtwooD, for Lon don. Arrived to day his Majesty's ships Malt, from a cruize, and SHAM aocz, from Guernsey. Sailed the Mary Ann, Jou N. SON, fur New Drunawtck. DEAL, AUGUST 10. Arrived yesterday and sailed for the River, the Fame, SUITE, front Jamaica; and Richard and blbclia, KNIOII r, from Barba does. Came down front the River tke Indian, for Vie South 8235.. Arrived to-Jay, and sailed for the River, the Princess Charlotte, iiiATT/ ' from Jamaica; also arrived the Leander, Tuosaysost, from R otterdam for Guernsey. Came down trom the Rive; the Elizabeth, fur Berhice; Coriolanus, for Madeira azd Jamaica; and the Royal George yacht, for Wind W. DO VER,AUGUST 9. !Wiled this morning Cie Flora, Captain WATSON. and Su sanna, Captain MooN, lot Calais, with passengers; this even ;:lg the Lord Duncan packet, Captain Pascoe, for Ostend, with a Mail and passengers. unusi 10.—Arrhed last night the King Georg: packet, Captain Knit); Industry, Capzain AACIIIER, and Ai . r tllCkpatlet, J:0111 Calais, with passengers. Sailed this month% the Lord Duncan packet, Captain HAMILTON, for Calais, with a Mail and passengers. Arrived the Chichester peke°, Captain . R trr- Try ; and Trafalgar; Captain Haat, from Calais, with passel:i v:re W.S.W.hlutss strong with rain. HARWICH, AUGUST 9. Sailed tke Prince of Orange packet, for Holland; Auckland packet, for.Culhavest ; and Thttis pa cket, for Gotteabergh-0111 Stith Mails. • • ERIREIAM, AUGUST 9. Arrleetl the Regulus transport, from Portsmouth. CUSTOM-HOUSE, AUGUST 9. Slurs Ittatatts luvrains.--The Prince of Sate Coburg, I.add; and Eliza, Bowen, from Rotterdam; Comet, Leadley, lam Rio Janeiro; and LordSidsnouth, Praise, from Boulogne. Outwaaos.—Aurora; Harvey, for Waterford; Concord, Wheatley, for 1/11naur and Riga ;, Hope, Paps, and Elizabeth, Mather, for Cahill; David Skaw, Ker, for Madeira, Rio Ja neiro, aol New Sontb Wales; Minerva, Mills, for Rouen ; Jaws and Ann, Wilkinvon, for Genoa and I.eghortf ; Marga• To, assisda, for Blouoodaan ; Teleshashus, Phillips, fur Sao• under and Corwin; Vrow Anuagloa, Sikkans, tot Amster. dam; and Waterloo, Munro, fee Lists's. LAW 11VTELLIUEDICB. AU( COURT OP CHANCERY,. JOUST 9. THE OPERA HOUSE. WATERS V. TAYLOR. The Lotto CHANCELLOR had, according th his re. quest, been furnished with the papers in this case, whieli, as we have already stated, arose out of an ap. plication of the plaintiff for an assignment of the pro perty of the King's Theatre, on his paying the ba lance of the purchase-money: On the se.opening of the biddings, the property had sold for £70,150, of which the plaintiff, as purchaser, had paid into Court 47,015, as a deposit: he had besides claims as a mort• gagee allowed in the report made by the Master, to the amount of £34,16 2; and he now prayed to have an assignment executed on his paying, on or before the Ist of November next, the balance, viz. £28,979. — But the Matter's report was excepted to on the pars of the defendant, chiefly on the ;rosins' that it had been drawn up on insufficient evidence ; mid it was prayed that the plaintiff should be ordered to pay the whole balance of the purchate•money, in addition to the deposit. His Lordship said he had now read over all the papers with which he had been supplied, and from which it appeared that there were two mo tions in this case. The object of the one was to compel Mr. Waters to pay up the whole of the purchase. money..—that of the other to procure the plaintiff the assignment on his paying only £28,073. This last motion wv, however, decidedly opposed on the part of Mr..T.aylor ; and on that account, especially as the parties were much involved in litigation on this subject, he had thought it his duty to look narrowly into the papers ; and he should hope that some final arrangethent Might still be come to for the interest of both parties. With regard to the subsisting con test respecting the specific amount of Mr. Waters's mortgage, hastill wished further information, and he e:iould be glad if any of the parties would furnish him with explanations of the particulars of that sum. If :rtny further information could be given On the extent and applicability of the Innis referred to in both mo tions, with respect to which there were considerable differences in the statements, be should also like to 1, -.upplied with it. Were there any further expla al ions to be made on these points ? [The Counsel iminiated, by a bow, that they had no further iafor iiiation to give.]—As be was then in full possession ( it all the information to be given in the case, he ould give judgment on Monday next. • •1 JUDGMENT.. DIXON AND OTHERS V. EY/AIST AND OVER'S. The LORD CHANCELLOR gave judgment in this ease, iiich was relative to a ship at sea.- 44 There were 7cral poims of law involved in it, for which reason f i.ave taken the opinion of some of the Law Judges. I wrote to Mr. Justice Abbott; wbo was on the Os hrd Circuit with the Chief Justice of the Court of Cummon Pleas, requesting his bpinioa. •which he i,r,s sent me, and the Chiet Justice confirms it. 1 read it, viz. • reamer GE the vend haavelact:CarsaKew.--It dee, es p ecially when a bill of sale was effected. With respect to the hill of sale itself, at the time such bill was executed, the pro perty being vested in the vender, became divested on the s►ip having been it) port ten days, there having been an endorsement on the certifica•. register There became, therefore. no interest in the lia , ,kropt from th- time of sale, and th.• commission of baahr:tp•,y is,Lore; then the inte.rests, as a matt, r of course, reol.O:1 its !he velblee; for the making such endorsement was neither more nor less than an act of duty which th.• bank rupt was bound to perform. He therefore might discharge such dory hanArlf previous to the expiration 01 ten days, or lie was at liberty to do so by his attorney, constituted to act as such before the bankruptcy; but :he prop , rty revests in case that ditty is not discharged by a person so constituted as before, within ten days.' '4 Such is the opinion with which I have been fur nished by the Learned Judge, and I must take it as the law of the case ; but it any of the parties wish a case to he made nut for the consideration of the twelve Judges, I cannot object; otherwise I shall decide ac cording to the opinion I have received from the Lear- I ned Judges." EXPART! BRIART. The Lotto CHANCELLOR said, he did not know what indictment -was intended to be preferred against Mr. Briant in this case, nor did he wish to know ; but he thou,•ht the question ought to he settled at law. With respect to the younger Mr. Briant, the assignees had offered to restore the furniture they had taken, which be claimed as his property, provided he would make an affidavit that it was really his. With respect to.ti.e elder Mr. Briant, whose property had also been seized by. the assignees, there was Arintafes die evidence that the property so seized was his. He (the Lord Chancellor) did not.think that the assig nees of a bankrupt could seize his property villas-oil. but he thought they might seize it waiter. For this reason, he would only give the assignees a case to try how far they were justified in thus seizing mellittr. Mr. MONTAGUE said, that question had been deci ded on the present Assizes Mr. HAUT wished to know what order his Lord ship would be pleased to make with respect to open ing a bag, sealed up, which had been seized by the assignees amongst Mr. Btiant's property, and which he had dared them, at their peril to open, as con , taining confidential papers belonging to his clients, he being himself a Solicitor? The LOltD CHANCELLOR thought the better way would be to open it before Mr. Montague and Mr. Horne; but that was found to be impracticable, as they were.both of Counsel for the assignees. Mr. MONTAGUE, after some conversation, in which it wag proposed to open this bag before different Gentlemen at the Chancery Bar, none of whom, it was suggested, would like to act on such an occa sion. offered to have the bag opened before his 1 Lord ship's Secretary, and to have accurate list taken of all the contents of it. As to these contents, they know very well that they consisted of the title-deeds of Briant's estate, which new belonged to the assig. nees, for the benefit of his creditors. The LORD CUANaILLoR thought the admission of Mr Briant, that the bag contained one article of his, would be enough for the purposes of the indictment. Mr. NIONTAOUIC Sdid, with submission, that it would not be sufficient, inasmuch as it was his duty to make out as good a case for Mr. Stewart (the as signee) as he could ; and that could only be done by shewing that the whole, or at least the greater part, of the contents of the bag, belonged to Mr. Brunt. Sit &MM. ortoltlLLY said, the qufition only was, whether assignees had, or had not, a right to seise lan the confidential papers belonging to clients of a' , professional man, who had bad the misfortune to be come a bankrupt. The LORD Cm smcarzon, after some further con versation. directed that the bag should be opened at twelve o'clock to-day in the Secretary of Bankrupt's Office, and a list taken of its contents, notice of the order being served today on Mr. Briant's Counsel and Mr. Briant's servant being in Court, that was deemed sufficient service of notice on him. • .*ARWICIC ASSIZES, AUGUST T. A ease tried this morning in the Criminal court excited much interest. A whole family of Shannans, father and three sons, and another family, the master and two approatices, his brothers-in•law, had been charged with; having stolen 52 bushels of oats; and 24 bushels of peas, from the barn of Thomas Richards, at Kenilworth, on the night of the 25th of March. William Shaman, the father, and John Shannan, his con, farmers at Hockley and Rowing ton ; John Rose, wheelwright, at Packton; and John Smith, his brother-in-law, were taken into custody. William Shannan, jun. Thomas Shaman, and Jo seph Smith, escaped, and have never since been seen. John Smith died in custody, after be bad turned King's evidence, and made a full declaration on oath before a Magistrate, and in presence of the other prisoners. When the two Shannans and Rose were brought up for trial, some discussion took place on' the admissibility of Smith's deposition. Mr. Clarke ordered it to be read as evidence subject to subpicion, and requiring confirmation. It set forth that the whole plan was arranged in old Rose's house, where old Shannan was present; and Joseph Smith was or dered to go through the county to see what was to be seen. That all of them, excepting old Shannan, went on the night of the 25 th, and carried away the corn in a waggon belonging to old Shannan. and that his brother ran off as soon as they heard of old Shannan': arrest. In every point to which evidence could be called, the deposition was confirmed. The waggon was distinctly traced to Shannan's barn in Rowington, the corn was found in that barn, and the four hursekwere seen in stable ungeared at six in the morning. When the constable took old Shannan, in Hockley, he protested he was innocent 1 as they walked along, he exclaimed—" Oh, my boys, my boys 1" Soon after he said—" Take and shoot me." Old Shanuan and old Rose now again pro tested at the bir they were innocent. Young Shim- pan said he went merely to see where his brother and Smith were going with the horses. Several witnesses, and among them the chaplain of the county, and vicar of Rowington, whose glebe is farmed by old Shuman, gave the highest charac ter to Sharman; and most of them spoke to Rose's character. The Amos summed up the evidence with great ,clearness, and at coatiderable length. The Jury, in ,less than three minutes, returned a verdict of Guilty against all the three prisoners. Old Shaman is rather l'grave and respectable looking man. Young Shannan is s good-looking and modest loath. He was much affected, and could be scarcely got to say a word for himself. His - father urged Tvll what you know ; tell the truth." Rose's appearance and looks would certainly do no discredit to better conduct. When the three were afterwards placed at the bir, old Shannan Was much agitated ; Rose was deeply depressed, but more composed ; yount , Viannan con tinued sobbing and weeping• in real affliction. Mr. CLARKC addressed them to this ptirport:— " It is most painful for me to address persons of your rank in life, placed in the situation in which ynu now stand. William Shannan and John ito.:e, you' were in circumstances far above want, and it is diffi cult to conceive what motive, but mere wickedness, could have prompted you to act as you have done ; yet you can on theft by wholesale. The Jury ap pear to have felt no doubt of your y uilt . You, Wil liam Shannan, seem to have been the contriver and insti , lator of the whole ; I see you are much affected weu converted wish grief) and it is no wonder, when you not orly Sod yourself in such a situation, but see your son at your right hand, who his come to this condition by acting upon the principles which he derived from you, and which you inculcated not only by your sentiments but by your conduct. The sentence upon you three is, that you be transported for seven years." A more affecting scene could scarcely be represen ted to the imagination than the Court actually exhi bited during this address. The grey-headed father,' whose features as well as dress, spewed him to have lived in comfortable circu rstances, violently agita ted with groans and tears ; the son, a very ingenuous looking boy, evidently more concerned for his father than for himself ; a venerable old Clergyman, who had borne testimony to the old man's character as the pride of his flock, standing at the cornet of the bench and looking anxiously at old Sharman,, till the flow of tears obliged him to hide his face ; all the circumstances were such as forced tears of sympathe tic sorrow from the eyes of every spectator. AUGUST 8. TRIAL OF ABRAHAM THORNTON FOR THE MURDER OF NARY ASHFORD. So great was the public curiosity to hear this trial, that the street in front of the County-hall was crowded before seven o'clock. When the gates were opened at eight, the rush was tremendous. At that hour, precisely, Mr. Justice Hotnovn entered the Court, and the trial commenced. The prisoner, a builder and bricklayer, is about 5 feet 7 inches in height his natural thickness is greater than common, but his excessive corpulency has swollen his whole figure into a sire that rather approaches to deformity; his lace is swollen and shining, his neck very short and very thick, but his limbs are well proportioned. He was well dressed, in a long black coat,. yellow waist. coat, coloured breeches, and stockings. His counte nance seemed unmoved during the whole trial. Mr. CLARKE, Serjeant COPLEY, and Mr. PERKINS, were Counsel for the prosecution ; Mr. READER and Mr. REYNOLDS for the prisoner. In order to make the evidence intelligible, it may be proper to give the following description of the scene where the mysterious and melancholy subject of inquiry took place : Langley, where Mary Ashford lived with her uncle (Coleman), is north-east of Birmingham; Ty burn, where the dance was on the 26th May, is also north-east, but not so far north as Langley : it is upon the great Chester-road ; Castle-Bromwich, where Thornton lived with his father, is north of Birmingham, but not so far north as Tyburn, and much further east. Mary Ashford, in going from Langley to Birmingham, passed, through Erdington. Between Langley and Erdington she crossed the Chester.road. The public way would be by Pens mill-lane, south-west and by Bell-lane, turning off at right angles and leading due south through Erding ton. But in the angle between these two lanes are the fields that form the scene of this trial. Coming from Langley to Erdington along Pens-mill-lane, a foot-path appears on the inside of the hedge, or. the lefii on the right is Pens-mill, and a little further on the houses occupied by Reyn•ilds and Lave% The path runs for some space parallel with the lane; when it comes to the third field froni the angle field (that is to say, it is the field of which one side is to Bell-lane, and the other to Pens mill-lane) it runs a perfect diagonal through it, cuts cff a segment of the next field, and then goes straight on by the end of the other two fields till it falls into Bell lane. The third field to the corner field, that is, the fourth in the series of fields along Pens mill-lane, through which the path goes from corner to corner, had been just ploughed and harrowed at the time of this event. The adjoin. ing field towards Langley was in great; the path runs straight by the north-end of it, and a few paces from the path, close by the hedge that separated it from the harrowed field, is the pit where the body was found. Tyburn is south of Langley, and immediately on the Chester-road. As you go along westward on that road you cut Bell-lane at right angles, almost at equal distances from Erdington, situated on the felt, and Pensmill-lasts, on the right. On the north side of the road, and in Bell-lane, lives the old man, Coleman, the grandfather. Castle-Bromwich, where Thornton lived, 'is also on the Chester-road, but con siderably to the eastward, and rather south of Ty burn ;it is nearly as far south as Erdington. The road from Birmingham to Erdington is north-west ; to Castle Bromwich north-east. In going from Er dington to Castle Bromwich one does not go near the fields where the murder was committed. " The prisoner was arraigned upon a charge of hav ing assaulted Mary Ashford, and thrown her into a pit, in which she was drowned ; he was also' ar- . reigned upon the Coroner's I n q u i s iti on fi nding him guilty of the murder. He pleaded Not Guilty. When the Jury were named, William Smith was objected to and excluded : the following persons were sworn :—John Brooks, George Hughes, Thomas Pope, John Harrison, Isaac Green, Joseph Johnson, William Bennett, John Halyburn, George Stanley, Thomas Jones, John Tibbets, and Joseph Bird. Cusnicz opened the case to the Jury in terms to the following effect: " Gentlemen—Mary Ashford, a young woman of irreproachable character down to the event which ter minated in her death, was on the 27th of May last found drowned in a pit near Erdington. The task is imposed upon you to find whether the prisoner had thrown her into that pit? The following facts are to be laid before you in evidence:—The unfortunate young woman went on the 26th from her uncle's at Langley * where she lived, to Birmingham. On her way she caned urn Hannah Cox, at Erdington, 'and arranged that she should be back early in the evening to go to a dance at Tyburn. This was an annual feast, and a dance always followed. She wa s not in the habit of attending dances, but she did attend at this dance. The prieener was there, ad mired the &tire and general appearance of Mary AO:fere, and was heard to say, a I have been inti mate" (I won't use the coarse expression he made nse of) e with her sister, and I will here eonrection with her, though it should cost me ray life." He accompanied her from the dancing-room, and was seen with her at a stile abou: three in the morning. At four she called at her friend Cox's, and was calm, composed, and in good spirits. On her leaviag Erdington at this time, between four and five its the morning of the 27th, the fatal deed was done which now forms the subject of your inquiry.— Gentlethen, it will be shewn to you that the footsteps of a man and a woman were traced from the path through a harrowed field by which she was going' towards Langley. These footmarks exhibited proofs of running, chasing, and straggling. They at length led to a spot where a distinct impression of the human figure was found, and a large quantity of coagu lated blood was also discovered; iu the same place were seen the marks of a mm's knees and toss. From that spot, the blood was distinctly traced for a consi derable space on the grass by the side of the pathway towards the pit where the body was found ; but along with this blood no footstep was traced. There was dew upon the grass, consequently had any foot gone along there the dew would have been brushed away. It appeared plainly as if a man had walked along the footway carrying a body, from the extremity of which the blood dropped upon the grass. At the edge of the pit, her shoes, her bonnet, and her bun dle were found, but only one footstep ensile he seen there, and that was a man's. It was deeply impressed, and seemed to be that of a man who thrust one feet forward to heave the body he had in his arms into the pit. When her body was examined, there were m irks of laceration upon. it, and both her arms had • the visible marks of hands as if they had pressed them with violertce to the ground ; in her stomach some uuckweeds were found, which prove that she breathed after she had been thrown ..nt the water, but the small qaentity merely stews that she had net previously been quite dead. The evidence of a skil ful surgeon will chew that down to this violence she had been a virgin. It is therefore natural to suppose that the violent agitation and outrageous injury of sack an assault stunned her awl deprived her of animation for the moment ; that in this state she wes thrown into the water ; and that the animation re seared for a moment,was instantly cut off by drowning. Hitherto, however, the prisoner is not connected with the act ; but you will not only find him with her at three o'clock, you will also find by his ()en atimes sion that he was with her at four. You will find the marks of the man's shoes in the running and strug gling correspond exactly to Fs. You will find his own admission that he was intimate with her, and this admission made, not before the Magistrate, never till the evident proofs were discovered on his clothes: her clothes, too, afford most powerful (vie dente. At her friend Cox's, at four in the morning, she put off her dancing dress, and put on the dress in which she had gone to Birmingham. The clothes ' she put on there, and which she la id on at the time of her death, are all over bloody and dirtied. The Surgeon will tell you that the coagulated blood could not I eve proceeded except from violence. Therefore the case appears to have been, that he had paid at tention to her during the night—sliewn perhaps those attentions which she . might naturally have been pleased with, and particularly nom one her superior in life ; hut that afterwards he waited for her in her return from Erdington, and first forcibly ve.leted her, and then threw her apparently lifeless body into the pit. It will be attempted to chew yon, that he returned home, and that some other person must have met her, and brought her to the dismal end she met with : but, Gentlemen, as footsteps were traced through the harrowed field to a stile leading to his father's by the very course he took, and he admits an intimacy with her, that is a circumstence of the utmost importance ; and you will bear in asind that he did not admit this till the proets were Adduced against him. (Here Mr. READ= expostulated with Mr. CLARK& for making such observations). Gen tlemen, the evidence will be laid before you. Troia it you will form your judgment, and I desire yea to lay out of view every thing that I may have amid. unless it shall be confirmed by the Learned ,lodge who presides at this trial. Hannah Cox, examined by Serjeant COPLIT•••••I live in Erdington, at Mr. Machin's : I always steep at my mother's, Mrs. Butler: I was acquainted with Mary Ashford: Langley-heath, where she lived, is about three miles from Erdington. Wm. Coleman, her grandfather, lives at the top of Bell-lane, near Mr. Freeman's (immediately to the north of the Chester road). About ten o'clock on Monday morn. Mg, the Nth May, Mary Ashford celled for mete she came to Mr. Machin's, and I went with her to my mother's : she was going to Birmingham, to the market: she had on a pink cotton frock, a straw bonnet and straw Ore ribands, black stockings, and half-boots; she had a clean frock, a white spencer, and a pair of %hue stockings, in a bundle, which she left at my mother's for putting on to go that night to the dance at Tyburn, in Daniel Clarke's house.. Tyburn is between two and three . miles from'Er dington. I saw her again about s ix o'clock in the evening : she changed her dress : she put on - a cee louree frock ; I fetched her a new pair of sheet from the shoe-maker; we set out to the dance be tween seven and eight; I remained with her about a quarter of an hour iu the dancing-room; , I felt the house between eleven and twelve; I waited at the bridge for her. Benjamin Caner came out to so: Carter went in to look for Mary Ashford ; she came, and Mr. Thornton (the prisoner) with ber all tour walked on westward by. the Chester road, Mary Ashford and Mr. Thornton first, Benjamin Caner and I after theta. Carter left me, and went batk to the danOng-room. I walked with them to a place between Reeves's and The Old Cuckoe's (Potter's). then walked on before them, and took cue road so the left, to Erdington, and saw no more of them.. I was knocked up by Mazy Ashford at OD minutes before five, by my mother's clock. The clock was WO fast (41 minutes, as afterwards proved) Sh e *was calm and in g.sod spirits ; she changed ter d reg 'all but her shoes ; she put on her former dress, a part of which was a scarlet spawn ; she put 'hew I