Star. — London, England, 1817-10-18 00:00:00

~~~ i TN. uq. 214 COrEIC G.4IIKM THEATRE. fie O'NEILL resumed her professional duties at Tfirarre. last sight. and appeared in the charac cf . I::,:rindW, in the Tragedy of the Apostate. On was greeted by an unanimous burg of .11 eons throughout the piece displayed - u It en. rgy, and produced tom never-tailing .13c a udience. Mr. Youno played Make !, v usual excellence f and CIiARLEi KENNLE in i drew down repeated bursts of applause. Mr. ,citt WS Pescara is a perfttrir ance of consummate I I.lrt: taivnt. The part of Alvarez, acted last sea „by Mr. MtatRAY, was played respectably by Mr. , who L 3 T O was succeeded in Gomez by Mr. BON. *N L THORNTON. We cannothelp thinking that Mr. , ANT os has too much intrinsic talent not to have erred a more important part than that to which bras cunfu:al. He, however, did all-that could be le in such a character, and gave a fresh promise of s ome day able to prove his claim to a higher eNertica. The House was full. Mi. KLNIISLE has been tor some time on a v i s i t to t h e rl of A BEIMELS, at his Lordship's seat in Scotland. Mr.llew-rox's not appearing in Yhe Ilawatednewr, the evestro, of its last performance, as the Baron was in consequence of the death r.l his t ee in-law, Maas BAKER. !l. 1 Aim, whom some Journalists have been aud afflict with a hopeless deems:, did. not ;thstauding. actually play the part of Bunke, at the roe Fumrai:. List Wednesday night; and, as a Of that his OW has not at least become i k a f to pity, h e s deferred his junior) into the provinces, for eh.. iris pur p ose of acting Manlius to.night, for the n eta. of the purr widow of a brother actor, who is just made his last exit in circumstances of great istreu. A C:ornes Council, the third which has met in re e .11:(eseuee days,. wAs held yesterday : it eras iratooe , y LirJ CA:•TLERRAGH, assembled at two deck . t Fweign Office, and was attended, be lies irir ti. re h cretary of State for Foreign Affairs, y the Eitt of LIVERPOOL, Earl BATHURST, thi lIASCLI Loa lit the EXCHEQUER, and Mr. Comma. Sin:yours was again absent by indisposition hr Crinisil sat till near lour o'clock. Yesterday Earl BATHURST had an audience of the aura REGENT, at Caritoo House. The place where the Qoegs: stopped :.n her road Windsor on Wednesday afternoon, when suddenly disposed, was the cottage of a Mrs. LLOYD, a short ay beyond the Old packhorse, on the road to Kew lad lirentlord. Tne QUEEN was accompanied iy the l'iiiic•sses Euzaaaru and AUGUSTA. A neat crowd was speroity attracted to the spot, wh.. hewed the Interest y in her MAJAATY% health. :he smiles on her MaJarrw's countenance on ieturn tg to her carriage, shewed that her indispositi, ‘ii had at been serious.. The Princess ELIZABETH &sued he carriage to be driven to Kew Palace, where, as re have brliwe mentioned, the Royal Party took tea, tel then proceeded to Windsor. Lend WHITWORTH and the Duchess of DonsET, Sunday last, were entertained by Lord Dory/sums, I Hillsborough, on their way to England, by the cure of Doutghadee. Yeiterda, Earl EATHUILST had an audience of the 'rots REGENT at Carlton House. The Eats *lll4 Countess of CAItHaIkIPTON are arrived t their house an Bruton-street, Berkeley-square, from _ 'lel seat, Pain's-bill, Surrey. . The Earl and Countess of SPlttiCga and family !rived this day at their residence St. James's-place, rum thrit woo, Althorpe, Northamptonshire. Sir FRANCIS &amyl . % popularity increases in Ireland. On Tuesday, the 4th invent, he was re ceived, in company with Mr. Romuttut O'CoNtroa, with applauses and bonfires, at Rattikeal. On the,g Widnesday rte was at Limerick. At Nenagli he had also received the honours eat popularity. He eiprei• sed his it ish to give the populace five hurts of piney, uhich, n is stated in the bosh Journals, was declined 1 through Irish feelin g s, not being accustomed to wel come strangers at their expense. On leasing Lime. rick fir Ballinasloe Fair, he was shown at Thomond ! Bridge the tablet on which were signed the Articles of the Limerick Treaty. At Ballmasloe a grand en tertainment was given to the Baronet, which was accompanied by toasts and speeches. Sir Fnatrets is stated to have said, he looked for an opporl.snity of ; returning the distinguished hospitality ot Ireland in his own country. Ipswich has been this wt. k honoured with the pe nce of his Royal Highness the Duke cil Vona, who his bren on a visit to CHABLIts GRIUMWOuDo Esq about a mile thence. Tuesday, a t th e Quarter Sessions for the County olOxfoid, Joseph Harris, of C .mbe, convicted of a misdemeanour in refusing to sets. ,h. ..IE e or Over seer ot his parish, was fined 410, is sentenced to le imprisoned one month, and ientie'tb. Hite be paid. At a Meeting of the General Court of Guardians, at Norwich, the 7th inst. it appeared, that since Mid simmer, the number of poor in the workhouse had decreased upwards of WO; that the application for out door allowances were also much decreased; and that the mulct for the present quarter will be 1116ini less than the last quarter, by which a redaction ot ls. EL in the pound will take place in the Poor Rates. Letters received from Liverpool this morising, dated the 16th instant, state that they ate still, with !ln arrivals Isom the Wnited States, which has caused a great depression in the Flour market. The Weeds of vessels born the United States into that pin, from the tat ot January to the slst of September, inclusive,, Were 4uB, in the same period last year the) amounted to 308. As soon as the wind gets round to the west 'lord, the arrivals from all parts of the werli into that port is expected to be immense. It is observable. when the Funds afoot the ad vance, the Lottery Offices are sure to be thriving ;" indeed, it is very•nataral, When a man's property in- creates, independently of himself, that be should eon- sider himself Isc4y, and then try to what extent Dawn Itortease may be disposed to bete ientl him. Certain it its there is at present a very brisk demand for Tickets and Skates, particularly at SIV tw RIGHT% OifiC*s, for since he set the ex •mple of lowering the price, and of adding to Me intriasic value ti) a Vette, he has been a Peat favourite with the Public, and haying sold tilt Last C : 20,000 Prize, many think li.s Luck will conti nue, and that some of the Siz hazes of .1120,0G0 in the Lottery which begins 7th of Wit Month; will also or sold by Sivinvuoo. STATE TRULL. Continuo I) DERBY, THURSDAY, OCTOBER he. The ArrortNlY-GINERAL stated to•the Jury, that they were placed in the box, where they then sat, to perform a most solemn and important duty; to de. tide on the guilt or innocence of a fellow creature, charged with the highest crime which any member of society could commit. Other offences ut great atrocity were frequently sebniitted to the decision of a Jury ; but these fell far short in enormity of the crime of High Treason. He solemnly declared that it would be his object now to state correctly the law applicable to the present case, and fairly to detail the facts which he proposed to prove by evidence.— It was fortunate for him, that in stating the 1.4 w, he should speak under the correction of the Judges ; and he wished the Jury always to remember that it was from their Lordships on the B licit that they were to take the law, and not from the Counsel on one side or the other. He then described the counts in the indictment, and 'hewed, that the acts charged in them were made High Treason by various statutes. By the 25tH df Edward the Third, it had been m ide High Treason " to compass the death of the King," and to compass, he contended, was not meant to accomplish. In law the word " compass," was not held to have the same meaning that it had in com mon language ; for a person saying, " I have, coin passed, my design," was understood to assert that be had effected it. To 0 compass" the death of the King, meant, in law, to imagine or to intend the coin- Mission of the crime. Such design was proved by levying war against.the King, and hostile meetings of persons. with or without arms (it was 6t he should particularly state this), for the purpose ot effecting some general purpose, was in the, eye of the law High Treason, even though the actual object of the pasties were not to effect the overthrow •4 the Con stitution. On the authority ot Mr. Justice Forster, he contended that all combinations to break down enct.sures—to force open prisons—to d :troy pro perty, or to compel the King to change his mea sures, were levying of war against the K _nig, and of course High Treason. He should now proceed to state the facts of the case, and leave the Jury to de• tide what fair inference was to be drawn Iron the acts that had been committed, and from the decla rations which would be proved to have Accompanied them. The prisoner at the bar might not have been present at many of the outrages which had o:cuireJ, hut he should introduce bins to the Jury al having been present at that assemblage, which tie considered to form the most prominent feature of the late in surrection. It would be observed, that in the indict ment the prisoner was described as the Nowa:ham Captain. That he was so called, proved the wature of the transactions in which be tad been engaged— and at would be 'hewn, that not only a rising in that comity had been contemplated, but a general insur• rection throughout the kingdom. Part of the force provided to effect the designs of the conspirators was raised in Derby shoe, and other parts of it were to come from different places, and in particular from Nottingham. Nottingham Forest was the place Ap pointed for a general rendezvous on the night of the 9th of June. It would be proved that on the Stb, Brandreth was at Pentridge, where he went to receive the insurgent s, and to point out the course which they ought to pursue, in order le effect a RcVOlllllOll 9 And to wipe off (such was their own phrase) the Govern ment of the country, through the medium of hostile force. On the day mentioned, Brandreth went to publ:c house at Peutridge, kept by a woman of the name of Weighto.an (mother to one at the priso ners), called the Wnite tiorse. He there met ether conspirators—pointed out to them from a plan of the country what ought to be done to ensure success. and described the different places in which he ex petted of the people would take place to join them, when what they called their " grand army" should be formed. He (the Attorney General) cared not whether the representations made on toe subject of the co-operations to be expected from other parts were falser or true. Whatever these might be, Brandreth was tuning himself to stir up his fellow ' citizens to rebellion, and his guilt was as great in the ' sue case as in the other. He would spew that the prisoner had presided at the meeting of which he had spoken ; that he came Isom Nottingham to lead the conspirators—that he did lead them—that he sat anlong them as their leader, and took upon himself the functions to Generalissimo, as directly as ever any General of a regular army . had done. There were iwveral villages in the neig-bourilood of Pen. wow, from weich the insurgents expec e.. to he jroceo by considerable numbers. Brandreth and George. Weightntan came from Nottingham, to meet 111.45 e who were expected to rise against tie Govern ment They went, accompalied by another MAO, to Hunt's Barn, at Soutnwingfield, where they met some of those whom they sought, armed with mus., kets and pikes. Not onty did they find armed con spirators ready to join them here, bat at Hunt's Barn they found a supply of arms provided for those who were disposed tb engage in the insurrection.— Thence they proceeded to a place called Ttioopson's cinse. It was their object to procure a homer supply .1 toms, by proceeding from house to house wherever cif) , knew the owner to have a gun. Te..y did this, and compelled those-who had arms to give mem up. One of tne rights of Englishmen, claimed u) the people at the glorious revolution of 1688, was this, every man should oe aikiwed to keep arms for his own defence. Little did the wise men, of that day, when standing up for that right, in order to pretest the subject against mummy power, imagine.th..t they were put- Ling Imo the hands of such men as Brandrett., And his accomplices, the means of taking arms by force from their lawful owners, in order to turn them against the Government and Constitutiou of their counity. But 'this was nut all not content with taking arms tor , cibly thou those who would have scorned' to use them, in furtherance of the objects they had in view, they endeavoured to press the owners themselves into the service. If a man would not go with them him., self, his son must go; and if he had no son, his me want must acc...mpany them. Their object was to obtain a man and a gun from every house. Disap. pointed in their expectations of meetieg a party they had expected to join them at 'lliumpson's-close, George Weighinsan was sent towards Pentridge to Ascertain the cause ot the delay. 11,Andreth atter , . wards marctied to the house of Mr. Elijah Mere having demanded a gun, they also demanded one dl as sons.. Ur. son was extremely relm=. taut to go, but he was so threatened with their ven geance if he•did not consent to accompany them, that he (the Attorney-General) did nut wonder th ►t in the end he should gn with them. This person, however, returned to his home as soon as he could, he (t e Attornee.Generel) was gl:id for :he purposes justice, the• Mr Hell had been compelled to go, es through that circumeance he had bad an opportwaity of witnessing their proceedines, and thus evidence of them would be obtained from a witness, lie could confidently say it, as honest and as uncontemeteted as any man in that Court. Mr. Hall was ferced to accompany them; and in their progress the insurgents next came to the house of a Mr. Walker, where they demanded a gun. Me. Walker was as unwilling to comply as Mr. Hall had been; but the gun was, from necessity, given up. Some one of the party knew that Mr. Wal ktr had pistols, and these also were demanded. Mr. Walker, at first, denied that he had any ; he then remonstrated with them on the injustice of taking hie pistols from him, as well as his musket; but WAS forced, in the end, to comply. The pistols were taken by Brendretio and be immediately stuck them in his belt. That weich served hum tor a belt was a *bite apron which he that day were, tucked close round his body. From Mr. Walker's the conspirators went to the house of a Mr. Beetwick, and thence to lb it of a person of the nime et Hepworth, and here murder was committed. Before be enlarged on this fact, h.. beggid most solemuly to disclaim any wish that the prisoner at the bar should be found guilts of High Treesen, because be had committed a murder. Ar riving at the house of Mrs. Hepw•ortn, they katicktel at the door, and demanded to be supplied with guns and pistols. She with a courage that did not always belong to her ser, refused to open the door. Brasusi reth went round the house, and et; last saw a man servant through the kitchen windoW, who was then drawing on his half-boots. Tf.t prisoner lire ke the window, and tired at the seivaiit, who received the shot in his sheuldei, and of this wound lie died. Fit e arms were then obtained from the house of Mrs. Ilep. worth ; and the conspirators went on to other houses, and when sesistence was offered, Brendreth held up ire terreresa toe act of atrocity which he had committed, excl timing, " I have shot one man alreasly, and will shoot you if you refuse compliance." It would hence be seen, that he had in a manner gloried in the action, and used it as an argument to induce otheis to join with him and his accomplices, in the insurrec tion. Having visited in a similar way several other houses, they proceeded to a place carted Greenwich, where many of the patty finding vie country was not so ripe ter a revolution As they had expected it would be, began to be frightened. George Weightinen, in this state of things, was sent on e lo see if the Not tingham men were coming towards l'enirisige. t ok A poney from Mi. Beetles sesole, and proceeded on this errand. Biandreth in the mean time assumed the command of those who came from Sloth Wing field, Ripley, and other places in that neighbourhood. He acted as leader or ceptem, and others served un der him as interior officers, io pick up stragglers, and keep the party t. getfier, many of whom hevit•.g been forced from their homes, mere anxious to get away. Those who wished to go, it would be seen, the pri soner had pushed back into the ranks, and threatened to shoot them if they attempted tis escape. Aube different places to which they detected their steps, Brandreth repeatedly declared that a revolution, and the overturning of the Government, were the subjects which he and his companions had in view. Geeroe Weightm in returned, held a private conversation with Brendreth, after which he rade op to the other conspirators, and told them that every thieg , going on 64ht—that the soldiers would net Aimee their barracks, and that it was desirable for them to advance towards Nottingham as fast as they could. fhey marched oa ; but finding that they were not joined by those th. y tap cted, many began to drop off; and at East wood, on a report that the yeomanry were coming, the whole body began to duvet sr.-- Wade these things were passing, between nine and ten o'clock on Monday night, and nine and ten o'clock of the following morning, great agitation was ob served in the town of Nottingham, and matey men were found in the forest, who, it was beyond all doubt, had repaired there for the purpose of j .leing those who were expected to advance from Pentriege. It would be proved that Brendreth had been styled the Nottingham Captain, and that he had acted as C enmander ; his person would be identified, though Isis present appearance was very different Mona what it had been at the time of the insurrection, as he had not that length of beard then which he had now, and which he understood him to Save obstinately re tained. His dress, too, was different ; but if he thought these things would prevent him from being recegniz..d, he (the Attorney-General) would tell him he thought he would find himself mistaken.-- -The facts which he had thus stated, he contended, would, it proved, constitute a levying of war against Me Xing, or he did not know what levying war was. Whit answer would be given to the charge he knew not. He did not know whether it would be etteropt. ed to alter the character of the acts committed, or whether the Counsel on the other side would try to prove that Brendreth was not concerned with them. He could not conceive that they would succeed in doing either; but it, contrary to his expectation, they could shew that the prisoner was innocent, he, for out, should rejoice in his acquittaL Tile first witness was then called. Anthony Morten was examined by the SOLWITOR GENERAL, and cross.exammed by Mr. Cams. Shirky Ashbary, examined by Mr. Serjeant VAUGHAN, erns tx.intit ed by Mr. DOLMAN, and re-examined by Mr. Serjeai t VAAJOHAN. The other witnesses ex ttnined here, Janes .shilonan,Thoisa 7'st)ner, Henry/ onolinson, And Lajah Hall. The Court adjourned at a z o'clock till eight to-morrow morning. DERBY, FRIDAV, Oet. 17, half-pact S. p. in. The Court opened at eight o'clock this morning, and the uuriness began immediately, there were several wineries examined r—Miry Epwotth, thi mistress of the servant, Robert Walters, who war shot by a gun fired through the window ; Samuel Fletcher, Wbuse house bad been broken open, and i who was forced to give up his gun and his servant to the rio:ers; Wihia.t, Shipman, the kervent so forced away, and who gave an account of the marching and .countermarching ut there nutrageous vagabonJs ; , Henry Hole, a farmer, who bad been forced to juin them, and who deposed to a speech, saying that now the time was come to fight or starve, and whom the mob encouraged to accompany than by the promise . . or magi beef and die, and a fresh gnearnmenf, *balk Mr. CROSS. in his cross-examinatic.n of this witirs‘ called A trovisir.nd visas-m em. l4'iili .m l 3 , uth, .n 'her person forced away, also th.p,oA cots ,:ernrar, hes , f the rioters. George managir of the iron-series at Botterly, Jepioest to the general appearance of the . rint•rs, their order. and v cir arms. Li was he who took the ammunition from one of them, and which, by A CIItiOUS WiiiddenCt• yid, Witt Case, cots.. sisted of bullets putty thrust i..to 0 e toot of an old stocking, and th • r.-st lying ia an of ' sack altogether it zoosi,ied of alviut 84 pound,: Wei:Flit. William r .also bore testimony to the regular array of the riot,-N. Mr. lt , lleston. a Magistrate of Nottingh .m, and Captain hhtllt h s. t the 'rub Dragoons, ttepo•ed to the easy dispe , •iori r t the ranks of zt.e itoturs, and to the subsequent ,pprrhelision of s• vetal of t rn. 11.%e evidence for the pros,cutoio vatclirded a little before rwelv.• o'cl,ck The Jury 'raving retired ant returned in a few minu.es— Mr. Crviss began his speech for the de'crice exactly at twelve o'clock. '111,• learned Counsel spoke for about two hours. He began by staling the taw a treason, and es: , ressing It's dissent fr,an the doctrines had down b) the Attorney General, bon !ed an the expositi ,, n of the Siaiute ut Edward 111. by Justice Foster, anJ other Levi. authorities. He tiered the progress ~I the taw from Edward dowtswaid, and the various encroachments made in the reign of Ea. 'maid VI. and Queen Mary. He spewed loss• the famous flnoite tit Edward 111. had been rendered nugatory by kneed interpretationti and arbitrary co*. :unction., or what w ere called constructive treason*. At the acce.,s.oo of the frig:laity family to the throne, ' the liiiit Act had b,e.i made, and constsucive tree; :::•ns were au .Itsileci. flats celebrated Act, by aPply:;• ing .1 particular punishment to riot, and describing. what was to be concidered - as tuniult.or 6 , 4 as distin guished Iron treason, rendered the doctrine of cnn strue,ive trtasun useless for the protection ol the public peace, and sutruiintly ezelained what was meant by levying ... .r. Levying of war was different from mere Month; and the prisoners, thou: i, guilty of the latter, were not affected by any eviden.r that was brott e tlit to prove th• m ws;lty et rite .0imer...... There had been uials in Derby for high treason, bet these happened alter a rebellion, in obit , ' ttiere was • a great army employed on the side nt the reb-ls te overthrow the CI vernment. There had been billy two attempts at constructive treason since the acceOs sir'n of the 8tu.,,,, ic k tardily, and th:•se happened in the case of L rat G.. 01- 4 e Gerdon, ai.d in the trial of Watson in Westrnins!er. Bath -attempts were dci. fated, though the most vtoleht oult.t;:es by tumultt);• on% assemblies wire amitotic-A in bot:i cases. The learned Counsel then went over the cirtutosthnces of the case before the Jury, and contended th.st they came only under the description of riot, and nut of high treason. lie g4Ve a detail of the causes of the (discontents of last )ear, and spoke in severe t.frnis of Cobbett and his cheap pu!)lteat:rats. He c••toine,n.ft‘t i Lord Sidinnuth's circular wth respect to the taw of Ilibel, and thought that such publicatitais as Cu'abees should 111411 C been sir Airer stopt. When the learned Ctititsel coacludeci, a wi:-.ese S was called to prove that the prisoner had recto/y.l i'arish aid. (sir. Deslrmv began his speech for die prisoner a:rout hat:-past two, and was left. cp.. airing at tilt,* it'il.,tiC. It s. erns to be a general op►ini=m, that AS far as the facts of tt.e case go, they are fully proved : b it no the towei.ce of *ASV, wh.tl►er ACES ate to be denoutioAted sign utattia or riot ? Oleic is touch dif- I,reoce of opitutn.. _ _ Whether il.e trials will go on. or eild with the first., Mill depend on the verdict t it it be one ol guilty. the Ctctvu %, ill r,o doubt proceed to try two or three more ; if a se:dict of acquittal be returned, the firs 4 tri will probably he the list. The prcteid trial is expected tu,tetmioate t4-morrow (thus) itrirai ig. DISTURBANCE AT TIIE DERBY TIIIIATnE.—We 1. nesday Theaire of thi.:uwu was crowded In every part, to witness the periormance of Mr. Boom, who is engaged for tutee Tbe bills lor the night`announced for iepresenia!ion, The bon Cheri. the part of Sir kdetturel[Mortimer by Mr. Boom, and the talce of What Aidxt ? lii the inter. val between the conclushat the play arid the com mencement of the Atierpi. ce, several of . the Auditory the boxes called for" God S eve the Kiiig," which the Orchestra imme:hately began to play. The gal lery, which was crowded by the lower and working classes of people, expressed some opposition by -his. sing, groaning, kiceing :loins' the seats, and crying out, .6 Britons go free." These symptoms of vio lence w.re instan ly overwhelmed by an unaidthoos thunder of ApplA• se horn the boxes and pit, the Ai tors having simultaneously stood up, (the Gewlemeo with their Inds off), when this celebrated air con,- menced ; a mutual emulation tic tween the respectable part of the auditory and the gallery ensued, and coif. tinued for some time. the tornier enAtilehling decided approbation, and the 'Aw:r tutbuituous oppJsition.-- At length the boxes arid pit triumphed—the Anthem was played with the usual oemonstrations of respect from the respectable and weli.affected part of the company. But at the conclii:ion the Ri s h er d i p of gentry in the gallery joined a chorus of groanioh, which continued for some time, until completely dis tested by the other parts of the house. - The reltatill der of the performance went un in quietness, and Ea an early Wait the auditory tetiled to their respeatVil habitations. 4 1brahaniThornion, nil,. was acquitted at Warwisil Assiut for the murder of Mary Aiihturd, IG to be tried again, it is said, in the Court of King's Beach, the beginning of nest month. A reward of COO has been offered on conviction 0: the persons guilty of the murder and robbeg of Mi. R. W ean , sen. of Wells, near Norwich, AS briefq tii,ntioned in the STAR yesterday. It is strongly sus. ix cted that two young men, of suspicious appearance, who were teen in the course cl that day, narking about on the road leading from %Lallans •to Creak, And near Wells, were guilty of the aboNe tiorrid crime. Saturday evening last, as Mr. ROBERT Claims was returning irqua l'eutetdca to Aslienden, he was stepped by a man armed wail' a lase bludgeon, whe demanded his money and pocket. book, which latter • Mr. Own's delivered to him, containing notes to t h e ammo ' of sr, with which ti7e robber mad* of‘