Star. — London, England, 1823-08-07 00:00:00

ASSIZES. MAIDSTONE, AUGUST S. Thomas Hamilton, a Midshipman of his Majesty's ship Ramillies, employed on the smuggling pre ventive service, was indicted for the wilful , murder of James Conley, at Dimchurch, on the 12th of June, by shooting him with a loaded musket. The prosecution was conducted by Mr. ADOLPHUS and Mr. PLATT, at the instance of the parish ; and the defence by Mr. GURNEY and Mr. Knox, on behalf of the Board of Admiralty. Mr. ADOLPHUS stated the case to the Jury with great temper and forbearance, and simply narrated the facts, which he undertook to prove by the testi mony of several witnesses. After the case for the prosecution closed, the pri soner was called on for his defence, when he handed in a written paper, which was read by the Clerk of the Arraigns, to the following effect ; 4' Gentlemen of the Jury—Previous to the 10th of June, I had been employed at Folkestone in the pre ventive service, and I came to the Hythe district for the first time en that day, and was stationed at a mar tello-tower near Dimchurch. On the night of that day T was upon duty, accompanied by a man of the name of Samuel Everett. At the back of a cottage occu pied by one Thomas-Brown, where my attention had been attracted by hearing an unusual noise, about half-past twelve (the night being starlight), I observed a body of between 40 and 50 men, apparently kneel ing, some of them having guns in their hands. After a moment's hesitation, I advanced with my sword in hand, calling upon them to give an account of them selves. Upon receiving no answer, I was confirmed in my suspicion that they were smugglers. I then made the usual signal for aid, by firing a pistol in the air, upon which all of them rose, and those who were armed placed their guns in a position to fire, forming a triangle. I returned the sword to the scab bard, and took Everett's musket, which, from its greater length (having the bayonet flied), I consi dered a better instrument of defence in the perilous situation in which we were then placed. A portion of the smugglers, upon observing what I had done, began to retreat; upon which tho:e who remained shouted 4 Ccome back, and we will give. it to them.' I then ordered Everett to make another signal, by firing his pistol in the air. In consequence of this second signal, all the party, fearing, probably, that assistance would speedily be afforded, ran off, in the direction of some premises belonging to Mr. Dray. I followed, but being unacquainted with the spot, be came impeded in my pursuit by the paling of the garden. At this moment several shots were dis charged by the smugglers. I again fired the signal, and followed in the direction which I imagined they had taken. My object in pursuing them was to ascer tain whether they had any smuggled goods, and my signals were not only intended to call 'assistance, but to point out to those who should come to it, the di rection we had taken. After I had advanced a few bundled yards, in consequence of stumbling over a drain, which, owing to the darkness, I had not per. ceived, in the act of falling my musket accidentally went off. Upon recovering myself, without waiting to reload the musket, I continued to pursue the smugglers, and came up within a few yards of them, when one, who was behind the rest, and who proved to be John Dixon, called out to his comrades to come back, saying one of his men was wounded, and begged me to return to the spot where be lay. I im mediately turned back for the space of seventy yards, and found a man I) ing upon the ground, who said he had been shot. Upon Mr. Bainbridge, with a party of seamen, coming up, we carried the wounded man towards Brown's cottage, where he expired be fore admittance could be gained. The readiness with which I returned, and the succour which at the moment 1 rendered, I trust will convince you that I could not be conscious of having been the cause of his death. Gentlemen, I declare most solemnly, that I fired signals in the air only with my pistols ; and that the musket was discharged but once, when it accidentally went off, in consequence of nay Mi. But though this is the fact, I am advised, that in point of law, if it had bcen otherwise, and I had fired at the smugglers, there i.-re two grounds which would constitute a justification—first, that they were in the commission of a capital felony, in the course of which they discharged fire-arms at myself and Everett, who were then legally acting for the pre. vention of the offence in which they were engaged ; and secondly, that if they were engaged in an offence that does not amount to felony, they discharged fire arms at Everett and. mys,elf before any act on our part could justify them. It will be shewn by the witnesses to be tailed on my belaalf, that immediately after the second signal had been made, which I or dered in consequence of • the threat to offer violence, a discharge of fire-arms by the smugglers, directed, towards myself and Everett, took place. • It will be' shewn, by the marks made against the back of Mr. Dray's stables, that those fire-arms were loaded with ball, and that I and Everett had been exposed to considerable danger. This happened some time be fore the deceased could receive his wound. But, Gentlemen, I do not further enlarge upon this ground of defence, because I again most solemnly declare that I never fired at the smugglers. I believe most conscientiously that I was not even accidentally the cause of this unfortunate man's death. It will be shewn by the testimony of a surgeon, experienced in gun-shot wounds, that the wound was received in front, which could not have happened at .a moment when he was retreating, and I was in pursuit ; and therefore it is quite impossible that the ball could bare issued from my musket.— And you will hear that shots had just before been discharged by his own party from a bank about 60 yards in advance of him, one of which doubtless pro duced the fatal event. Gentlemen, I leave my case , in your hands. I need nor, lam sure, call upon you to dismiss any unfavourable impressions that may have been attempted to be instilled into your minds. You must be aware, that in the course of our duty— a most painful duty—we are exposed to conflicts with smugglers, who are living in the daily violation of the law. They assemble in great numbers, and ge nerally with arms. Their desperate habits are such, that these conflicts are always most dangerous, and sometimes most fatal. Within the last five years very many persons have been shot by smugglers on this coast, and to this time the offenders have escaped undiscovered. If on these occasions an accident bap- pens to themselves, no pains are sparsd,and no means are unemployed to misrepresent the facts to the pre judice of the persons in the preventive service. If, therefore, by their arms upon the coast, or by their swearers in a Court of Justice, they can deter us from the performance of our duty, they will smuggle with impunity, and all the laws for the protection of the Customs will have been passed in vain." . Several witnesses were called for the prisoner, and Mr. Serjeant Ottst.ow, commending the dispas sionate manner in which the case had been conducted on the part of the prosecution, directed the Jury to find a verdict of Not Guilty. The prisoner was immediately acquitted, and or dered to be discharged. DEVON. SYNE V. BYNE. This was an action of trover brought by the plain. tiff, as widow and administratrix of Henry Byne, Esq, late of Satterleigh, in this county, to recover from the defendant, who was the son of the deceased by a for nier wife, two boxes, containing title-deeds and other papers.. Mr. WILDE, after stating the readiness of the plain tiff to submit the whole matter in dispute to a Gen tleman of the Bar, which was declined by the de. feedant's Attorney, opened the case; and after.com menting severely on the conduct of the defendant, called Mr. Gribble, a banker of Barnstaple, who stated that plaintiff deposited with him, in the.early part of 1822, two boxes for safe keeping, and that they remained with him until - the 26th of last May, when they were delivered to the defendant. Witness preyed that the boxes were heavy, but could not speak to their contents. George Rendall, a chaise driver, proved taking the boxes from the Bank, and driving them, with plaintiff, to the defendant'shouse, where the boxes were left, and on the following day defendant refused to deliver them up to plaintiff—. A letter was then produced, written by defendant, dated the 28th of May, stating that he had secured the boxes, as the deeds contained therein belonged to him, as heir at law of his deceased father, and offer ing to give up any part of their contents which might belong to plaintiff. Mr. Tanner, of Soutlimolton, plaintiff's Attorney, proved demanding the boxes on the 29th of May, the day after the letter was written by the defendant, and that the defendant denied then having taken or having seen them, or that he knew anything about them; and that his wife, in his pre sence, also made a similar declaration, and observed, that if the' plaintiff fancied he had any of the boxes, she had better do her best or her worst to obtain them. Witness also proved that Mr. lticcard, de fendant's Attorney, on the same day, avowed having them, and that defendant held them as heir at law of the deceased. The case was closed on the part of the plaintiff by proving a notice delivered to the defendant's attorney, to produce the boxes and papers mentioned in the pleadings in the action. Mr. Serjeant PELL conducted the defence, and en deavoured to enforce on the minds of the Jury, that as no evidence had been produced to slim the con tents of the boxes, damages only for their value should be awarded, but called no witnesses. The Learned JUDOE summed up the evidence by observing, that during fifty years experience he had never heard of so gross an act as the defendant's, as to the mode of getting possession of the deeds. The letter appeared to be a trick of the defendant's, writ ten with no other view than to give a colour to his defence, under'the impression that it might be read in evidence; for on the following day he denied hav ing seen the boxes, and bad refused to give them up, or produce them on the trial, although a . notice for that purpose had been given. The defendant might be considered, in the eye of the law, as a 'speliator. —His Lordship differed from the Learned Serjeant, that damages only for the value of the wood of the boxes ought to be given, and thought that i kbe Jury should award such damages as would ensure a return of the boxes and their contents. The Learned Judge, after animadverting severely on the defendant's con duct, left it to the Jury to determine the damages. The Jury, after a short consultation, delivered their veiclict in favour of the plaintiff—Twenty I Acrusaa Pounds damages; which, after some observations from his Lordship, were reduced to 1,0001. Saturday, a man at the east : end of Dundee, having drank a quantity of beer, was seized with a severe retching. On examination, it appeased that the bottle from which the liquor had 'been taken had formerly contained shoe-blacking. Strong emetics were re sorted to, and the person, after being confined for some days, is now recovered. FORGED NOTES.—At the late Liverpool Snsions, young woman (Jame ril , Carol) was acquitted of a charge of having forged notes in her possession, in which they were found under the following circum stances:—About six weeks ago she came from Ire. land in the packet, in which also came passenger a John Meaghan, who entered into conversation with her, in which he, with apparent confidence, told her that he had a small packet with him, which he was afraid would be taken from him on his arrival at Li verpool, as he was suspected of being a smuggler.— fle prevailed on the young woman to put the parcel into her pocket. The. searching officer discovered the packet, which, on being opened, contained 390 forged notes, purporting to be of Messrs. Dobson's Huddersfield Bank, of one guinea each, She imme diately pointed out the owner, and stated her induce ment for taking charge of the packet, not knowing its contents. Meaghan denied this statement, but both were secured. Information was procured which entirely cleared the young woman from suspicion, and on the trial Meehan was found guilty, and sen tenced to three years imprisonment with hard labour. The COURT suggested that some compensationshould be made to the young woman, and blesses. Dobson's clerk gave her two poundsi to which the MAYOR kindly added three more. * Tag IRISHMAN OUTWITTED: An Irishman who hawks cloth, entered the Red Lion Inn, Winsford, and after teasing some watermen to purchase, with- Out effect, one of them asked him how much he would take for the *number of yards . he should be able to jump?- The Hibernian replied, " three shil lings." The bargain was made, and the waterman mounted the battlement of Winsford-bridge, with the end of the piece of cloth in his hand, and leaped to the bottom of the river Weaver; taking with him the piece of cloth. The Irishman afterwards com promised with the waterman for twelve yards. IRELAND. COUNTY OF ARMAGII, ASSIZES. Mims Afgerts was indicted, for that he, being a Popish priest, did unlawfully celebrate a marriage. at Newry, between John Timmons, a Protestant, and Bridget Meehan, a Papist, they not having been pre. viously married by a Protestant clergyman. Bridget Meehan lives in Newry. Witness was married to John Timmons about three yearsago ; the marriage was celebrated by Mr. Myens, at his house in Newry. Timmons then lived in the service of Captain Ogle. Witness was bred a Catholic, but cannot say what religion she now is ; she was willing to go with her husband wherever he went ; he goes to church. Captain Ogle's gamekeeper, Walter Dunlop, and his wife, were at the marriage. Mr. Myens gave her a written paper, as a certificate of her marriage ; she can neither read nor write; gave the certificate to the Reverend Mr. Stuart. Witness did not recollect what ceremony was gone through. Mr. Myens asked Timmons if he would have the church service read ; there was either a ring or a key used : it was put on her finger and on Timmons's. Cross-examined.--She. has two children to the man she calls her husband—the eldest is about two years and a half old, the youngest about a fortnight old. (This infant she had then at her breast.) There had been no disagreement between them, and she had no desire that the match should be broken; she could not swear positively, that the paper she gave Mr. Stuart ' was the same as had been given to her by the prisoner, as she could not read it; she had always. carried it in her pocket. The Rev. A. G. Stuart produced a certificate of marriage, which he identified as the same that was given to him by the last witness. He added, that he had been ansious to bring the case forward, on ac count of the frequency of similar pretended Tar ' riages of Catholics and Protestants, and Protestants and Catholics: his object was to protect the commu nity from the irregular manages of the prisoner, whose conduct was reprobated as well by every respectable Catholic Clergyman as by the Ministers of the Established Church. Jbhn Timmons.—ls a Protestant. Was married to Bridget Meehan about three years ago: the marriage was celebrated by the prisoner, in his own house, in Monaghan-row, Newry ; he went to the prisoner to marry him, in order to free himself from a promise he had made to the women: remembered the cere mony ; the prisoner put a ring on witness's finger ; Walter and Ann Dunlop were present. Witness paid 9s. 2d. to Mr. Miens, for performing the marriage. Cross examined.—Witness did not think himself married ; the woman said she was his wife, but wit ness.thought otherwise. He thought the ceremony a compound." Witness never lived with her as her husband. She had two children to him : did not want to get rid of her; he was not tired of her : ad mitted that he wanted to marry another woman ; was called in Church for that purpose about three weeks ago. - Bridget Meehan forbade the bans the second time; she was delivered of a second son about a fort night ago: he wanted another wife, and LORD knows how many wives he may have !" Witness be lieved the prisoner to be a married man ; at least he had a woman living with hint. After the ceremony the woman asked for her marriage lines, and he sat down and wrote a paper, which be gave her. - Trevor Corry, Esq. knew the prisoner, who. was a reputed Popish Priest, but understood he had been degraded from his office; never before heard be Was married. In consequence of repeated complaints against the .prisoner for celebrating marriages be tween Protestants and Catholics, the present action bad been brought to put a stop to this highly inju rious practice.--The prisoner was found Gag,. There was a general commiseration shown for the unfortunate woman who had been deceived by Timmons; and the effrontery be displayed, while giving his evidence, excited the disgust of all present. The Learned Judge lamented the necessity of the case, as the law had virtually dissolved the marriage of the parties : he suggested to Mr. Stuart (the curate of Newry), the propriety of taking the advice of Dr. Radcliffe, respecting the course to be pursued, and hoped that in the meantime he would not celebrate marriage between Timmons and any other woman, to which Mr. Stuart assented. ..• The Leeds ilferarry says-.. 0 An Inquest has been bald on the body of the-Ilev. Mr. Sargeant, who died, as stated in our last, by the overturning of the Leeds coach, when a verdict of Manslaughter was returned against G. Smith, the coachmin. Mr. Lloyd and Mr. Itewdall continue in imminent danger." Mr. Musa, who some time since gave exhibitions of the Life Preserving Dress, was drowned on the 26th ult. in the canal Camndelit, at New Orleans, which he had gone for the purpose of bathing. He was discovered the ensuing morning with his bead out of water, and his feet 'sticking in the mud. Fonosay.—A system has prevailed, within the last few years, of robbery and plunder, attended with the crime of forgery, that has caused great alarm in the commercial world. During the last fortnight two in stances have occurred, both individuals previously holding a respectable rank in society as tradesmen. The plan adopted by them was to go to a bill-broker, with Tor 8001. of forged bills out of date, and request the loan of £5OO upon them, until they come within the two months. The apparent respectability of the person asking the favour, with the known character and respectability of. the supposed acceptors and in dorsers, was quite sufficient for the broker; the money was always advanced, and just before the bills became due they were regularly called for by the party that had received the money, and taken up. It has since been ascertained that a fresh Manufacture of forged bills was prepared in time to cover the others, and at length brokers and private individuals, when the detection took place, had bills belonging • • one of these Men amounting to upwards cif E 1 2,000., Is said that the other person that has absconded had obtained nearly kali .phis. Both parties bud re- i gularly organiied their plan, previous to escape r their plate was melted into crib, all disposable > flitittta sold, and every friend or acquaintance,they bor-• row CIO from were • duped. A week before their flight they used to call Jibes after skis the eveaini, beg the loan of a few.posmdS; as their bankers were shut, and they stood is motto( a teMpOcary sum at their country residences. ' PoLtcr. Woasntr-Srarre.—Yesterday the investigation of the boat men charged with the rape was resumed before Rower limttr., Ifeq.—Thomas Shaw stated. that he was a labourer from Ka. laskee, in Ireland. He and his sister, and her five children, took their passage to London, in Hodgkicson's boat. On Sun day last he was informed a woman WAS in the men's cabin, which was so distant from them, that he could not hear what passed. About midnight he was awoke by his sister screaming, He started up, and found a woman had got into their place, and he helped her up, and said, if she did not be off quickly, he would push her overboird. The woman said, Gen pity tLe stranger," and then got up and sat upon the top. lie heard a man insisting upon her leaving that part of the brat, to which the woman answered," Where shall I go ?" Ile answer:ll, " In the cabin." The woman said, " Will you protect nto ?" I: c said he would. The woman said, if he would eng;,ge to do that, she would go upon her knees to him. Witness heard the man who was steering call to the driver to stop the horse, and the boat was stopped about ten minutes. Ile afterwards heard the woman crying, but there was a noise from the boat and the horse. Ile also heard her say, " You are, I suppose, a Gentle: man of your word." Some time afterwards he heard footsteps ; as of two persons going down from the boat.—Catherine don, the sister, corroborated this account ; but said, she was W frightened as not to recollect what passed.—The prisoners de: Glared that the prosecutria had taken a false oath.—John belonging to the same boat, stated, that he saw the woman id the cabin unmolested ; and that, in a conversation, she said she was indecently treated in the first boats, and that on hoard flo4,;: kinson's she had met with more civility.—The Magistrate con sidered the evidence sufficient to commit the prisoners for trial, and bound Hill over to appear. The prisoners were then cam mitted to Newgate. PENITENTIARY, MILLRANK.—A Coroner's Inquest was taken yesterday afternoon, at three o'clrck, be. fore Mr. Gad., Coroner for the City and Liberties of. Westminster, at the General Penitentiary, Mil'bank, on the body of Mary Chapman, one of the convicts there. Mr. Benjamin Chapman, the new Governor, deposed, the deceased was tried at Nexingtoa on the 6th of December, 1819, found guilty of felony, and sentenced to seven years transportation, ohich sen sence was zommuted to five years' imprisonment in the Penitentiary. She was received on the Bth May, 1620, in the 22d year of her age, and in good hea!th: Mr. John Pratt, surgeon, deposed, the deceased was removed to the Infirmary on the Ist of February, 1823, with a violent cough. She did well until the 29th ofJuly, when she was seized' with uncommon vomiting, accompanied with pain in her head. Sre expired on the 4th of Airgrvt, about ten at night,— Previous to her death she was insensible for two days. He believes an effusion of blood had taken place in her head, and occasioned her death ; he had no hopes of her recovery from the 29th . ot July. She was at tended daily by Drs. Roget, Latham, Southey, White, and himself. The Jury unanimously returned a ver. dict of—Natural Death. DEATH BY BURNING.--About seven o'clock, on Tuesday evening, the neighbourhood of Petticoat.. lane was thrown into considerahle alarm by rolumm of smoke, intermingled with sparks ot fire, bursting through the windows of an apartment on the second floor of a house in Mulberry -court, Occupied by a blind woman named Swabey, upwards of 70 yearsof age, of the Jewish persuasion. The door of the room was broken open , where the poor old occupant wits found crawling in he middle of the floor, nearly dead; her appaiil was reduced to a cinder, as was almost every article of furniture in the place, and the room ,Much damaged. The' oor woman was taken, speat less and insensible, on a shutter, to the London Hos piial, where she lingered in the most excruciating pain until about forir o clock yesterday morning, when death put a period to her sufferings. She had been quite blind for many years, and was supported by some 'charitable persons of her own persuasion. FATAL EXPLOSION.—At about four o'clock in The aftetifocin of Monday, a dreadful accident happened at the button-manufactoiy of Messrs. Wilson and Storkey, Birmingham, by an explosion of a consider able quantity of gunpowder. Mr. Wilson was lita rally blown to atoms, and Sarah Cope, a young wce man employed in the warehouse, was also killed upon the spot ; four of her fellow-wolkwomen were dreadfully wounded, and carried to the Hospital without hopes of recovery: Ott Tuesday morning onf of these unfortunates died ; the others still linger to dreadful agony. Mr. Wilson was a single rosy about 21 years of age, and was highly respected by a' most numerous connexior„. A boit was launched on Monday last on the Seise. opposite the Louvre, at Paris, which is constructed on a new principle. It is moved by a wheel simile to those of steam-boats, placed at the poop,orlikkji turned by a simple crank, directed by a man. Pf experiment succeeded perfectly, and the beat, eid eight or nine persons on board, rapidly descended the River towards St. Cloud. Thursday, two very tall men were matched mron for a wager two miles on the Rathfarnham rout near Dublin. A person perceiving the crowd, ribl.d a purveyor of gingerbread what was the cause do great an assemblage of persons? to which the otlw answered—" Please your honour, they are core P see a steeple match r Such is the effect of perseverance and indoOriti the science of Medicine, that great numbers, many If had lingered under the most painful and abstiada ablOw . who were pronounced incurable by respectable prardeeallw_,.. several discharged from Hospitals, have bees restoretk health by the celebrated Dr. EADY,. who, afse: b a s l g lst borious practice, is enabled to remove the most real Complaints, however long and deeply axed in en_ Eruptions, Pains in the Limb s , ' obstinate Gieets, Dialfo" Sight, Nodes on the sbia-bones, - Ukeration, and 6011 1 4 11 " t are among the symptoms arising out of improper trOV ir ic which without timely assistance prove fataL not consulted daily by patients of both sexes, at St • beld 4 " Soho, by persons from every part of the country, and by lio t (if poet paid) enclosing a fee. - BIRTH& On Tuesday. the Stb instant, at Wiraborne, the Lady Frieart,e Esq. of a daughter. ly, Badmouth, B , thu„Lady of the Rev. Prebl agr i l* nis, of a son. At Thurscycon the 6th .IsikA. Elm Lieutenant t H.P. 72 a itgelpopre, laiedhAeltod''' 4 7e , • • ' lugs— .7Ohn Vaughan, 164 Serjeant at Law, gi.,St. John, +widow of St. Andrew, late Lord *. 'W „si tt et se of , Sto7 i " the 7 Si, illoirter of Matti. .'/ • St s . .l4 . •PeetObello, Laminar I tY Mdmilvolirst daughter of the - - . DIED. July 28, ekVenainis, in the intb youngest daughter. of Godfrey Hisi Doncaster, Yorkshire. Lute-hinted v ; rrinted and published by Place, Temple Bar. tJ se th Rev. Joe* fix' th r, at deviltis lON h i J. R. Toms, * ra e late lame OOP* 41 5,1 se bet affe, OotWor• as , Esq. of Gni* Ib ir , 144 LIM Kos, tr. Milllm.