Star. — London, England, 1822-08-10 00:00:00

SUMMER ASSIZES CIVIL SIM—DURHAM, AUGUST 6. LIBEL. —THE KING V. JOHN AMBROSE WILLIAMS. Mr Sea HI.ETT stated that this was a criminal in formation granted by the Judges of the Court of Kiar• - s 13 •nch for a libel on the Established Church of England and Clergy of Durham, by the defendant, who is printer and publisher of a newspaper entitled the Durham Chronicle. The occasion of the libel in question arose out of the Queen's death, which the defen lant laid hold for the purpose of dealing out slander aapon the Established Church, and particu larly Against the Bishop and other Dignitaries of the Cathedral Church of Durham. The mischief such slander was calculated to product was considerably increased by the defendant's choosing such an occa sion to vilify the Established Religion and Clergy.— The libel appeared in the Durham Chronicle of Au gust IS, 182 1 , and cha r g ed the Bishop and Clergy with brutal enmity to—and as being among the per secut .1, of that " illustrious Princess," because, for sooth, they had, it seems, neglected to toll the bells of the Cathedral on the occasion of her Majesty's death. The Learned Counsel, after commenting with great .everity upon the scandalous, wanton, and ma licious motives of the defendant, called John Sutherland, clerk to Mr. Griffiths, who proved that he purchased of the defendant the paper in question. Cross-examined by Mr. BROUGHAM, for the defendant.Do you recollect the accounts coming down from Lsndou of her late lamented Majesty's persecution, which caused ber death ?—Yes. I presume, that on the occasion of her death, you heard the bells toll in the usual way ?—No. You arc not deaf?—No. On his late Majesty's death you beard them toll, and on his present 3lajesty'. birth-day you heard them ring ?—Yes. At the late Coronation all the bells, and even extra bells, were set a ringing ?—Yes. Pray, on the death of the old Queen, the present King's mo ther, was the usual custom observed on that occasion ?—Yes, I believe they tolled. Mr: BROUGHAM'S speech on the defence was pecu liarly energetic, and received with repeated bursts of applause from the audience. The Learned Gentle. man concluded with the following words :—" If, Gentlemen of the Jury, the Liberty of the Press, and all we enjoy under it, is to be sacrificed, at least let it not be this day. Leave it to be destroyed by arbi trary Princes—by bartered corrupt Parliaments—by an Army degraded by the lash, and employed to en slave—by a pampered House of Lords—by a venal Ilouse of Commons—by a soldier uniting the talents of an usurper with those of a Captain—to these tools, to these legitimate hands, if the Press must be de stroyed, leave the deed to be done; but let it not wife• with you, whose office and existence would be nothing without its vigorous alliance. For the sake of that hierarchy against whom a fatal blow is now aimed, proclaim that light must continue to visit every recess of That hierarchy, and by that light that its abuses must be destroyed. " Mr. Baron WooD repeatedly called out to reprtss the manifestations of applause so often elicited in the Court during Mr. BROUGHAm's address; and de sired that whoever might be detected beating with their feet, or clapping of hands, might be taken into custody, and he would commit them. His Lordship, in his charge to the Jury, observed, if a man was at liberty to write and print whatever he pleased against the Church and State, this Go vernment could not last. "lam by law directed," continued Ns Lordship, " to give you my opinion, which is, that this is a libel, and a very gross libel!" Mr. BaouGHAm—Your Lordship will find, on re ference to the Act of Parliament, you are not directed, but only empowered to decla• e your opinion to the Jury. Mr. Baron WOOD—If this was a question whether a burglary had been committed or not, the Judge must refer the Jury to the evidence; but whether I am bound or not to deliver my opinion in this, as differing from other criminal cases, I certainly shall inform you, that in my opinion this is unquestionably a libel! The Jury gave a written verdict at half-past five id the afternoon—" Guilty of Libel against the Clergy residing in and near the city of Durham and the suburbs thereof." This is not a distinct count in the information, but only an addition in the form—" and particulaily the Clergy," &c. in the two first counts. two last charged bringing into contempt the Established Church separately. Much chagrin was expressed by the multitude, who anxiously expected an unqualified acquittal. TIIE KING V. WILLIAMS. This was an indictment by Lord Stewart, for a paragraph copied from the Irishman into the Durham Chronicle, reflecting on the late Marquis Londonderry. Mr. BROUGHAM stated, that Lot d Stewart having assured Mr. Williams that it Was totally untrue, he authorised him to say he believed it to be so upon his Lordship's authority. Mr. Serjeant Hut.t.ocx expressed his Lordship's satisfaction with this apology, and consented to a verdict of Nei Guilty. CROWN SIDE. Robert Peat was indicted for the murder of Robert Peat, his own relation, to whom the prisoner was heir at laW.—Mrs. Peat, widow of the deceased, deposed, that her hu band was possessed of some small pro perty, which he had disposed of by will some years ago, in distribution between the prisoner, the witness, and other relations. The precise disposition of the pro perty was not known to the prisoner, and his display of anxiety to know this had much displeased the de ceased, and determined him to revoke his former will, by which he made more ample provision for her, his wife. This he executed in August, 1815. This circumstance coming to the knowledge of the prisoner, it would appear had engendered feelings of revenge. He disguised his disappointment, how ever, regularly calling on the witness and her hus band every Monday at Darlington, in this county, where they lived, and • generally at a time when he knew they were absent from home, attending the market. On Monday, the 17th of June, the witness purchased some lamb, and having put it on the fire for broth, she went out, and was followed on her return by the prisoner, who said he had been at her house timing her absence, and asked her if she had read in the Newspapers of some persons having been poisoned by bad water. She (lid not mach attend to the observation at that time. The prisoner having left the house, some pieces of broken phial were found upon the hearth, but this did not then excite suspicion. The aged couple at their usual hour sat down to dinner (the deceased was upwards of 76), — They both observed the lamb which they ate had a peculiar taste; and in about half an hour after the • deceased was 'seized with a veinitmg • and violent pains, and at half-past twelve that night he expired. The witness herself was likewise extremely from a smaller portion of the lamb which she ate, and in consequence kept her bed till after her husband's death.. The prisoner called to inquire after the health of the parties on the afternoon of the same day on which he had poisoned the broth. It was afterwards suspected this was to ascertain whether his diabolical purpose had been effected. On the same evening it appeared a female, named Mary Smithwaite, and ate some of the lamb for her supper, and was dangerously ill for several days after. The same effect was experienced by Sarah Stainsby, who like wise partook of the lamb. It was not till after all these had felt the effects of the poison that suspicion fell upon the prisoner, and that the meat had been poisoned by him. Another witness, named Blinkerton, deposed, that the prisoner said to him, 4 , There was an old woman (meaning Mrs. Peat) in the town of Darlington, who wished to wrong him out of his brass, but he would take care to watch her out and get possession of the old man's will," (meaning the deceased); and after wards told the witness he had succeeded. This was on the morning the deceased was poisoned ; the pri soner likewise exhibited a bottle, which he said con tained laudanum, which he wished the old woman to take.—A witness of the name of Cradock deposed that the prisoner confessed the murder to him by means of a bottle of laudanum. Mr. Smith, a druggist, of Darlington, deposed that the prisoner called on him on the morning of the 14th of June, and purchased an ounce of laudanum, which he said was for some Ladies at Middlethorp. The prisoner since called at witness's shop, and asked him if he knew him? adding, that he was blamed about Robert Peat, the deceased. Witness acknowledged the prisoner purchased the laudanum of him. The prisoner being found guilty, Mr. HOLT moved in arrest of judgment, on the ground that the pri soner did not know that the broth was intended to be drank by the deceased. The CHIEI JUSTICE, after consulting with Mr. Baron WOOD, from the other Court, decided against the objection.—The prisoner was sentenced to be exe; cuted, and his body given for dissection. OXFORD CIRCUIT. BREACH OF PROMISE OF MARRIAGE. THOMAS V. JONES. In this case, David Thomas, Esq. -sought a com- 1 pensation in damages against Miss Hannah Jones, for a breach of promise of marriage. Mr. TAUNTON stated, that it was rather an unusual circumstance that a Gentleman should have to pre sent himself as a plaintiff upon such an occasion, be cause, to the honour of the Ladies, in engagements of this sort they were generally faithful ; but on this occasion the plaintiff had to complain of an extremely serious injury—not merely to his feelings, but also in consequence of the Lady's caprice having put him to considerable expense in preparing for that happy event, which, at one time, he unquestionably antici pated. The defendant, Miss Hannah Jones, had not to urge, in her excuse, the levity and inconsistency of youth, because she had attained to full years of discretion, having arrived at the mature age of 46. Had it happened that his client had been guilty of that fickleness, it would. have been matter of com plaint, on the part of his Learned Fr iend, that he had shewn that sort of levity which younger persons some times indulged in—he being but thsi ty-eight years of age. The parties were respectable, acid possessed of property; and the courtship was carried on, not clan destinely and secretly, but under the eye and with tke sanction of Miss Jones's mother. The plaintiff's house being somewhat dilapidated and old-fashioned, at the suggestion of the defendant, alterations and repairs were done to it to the amount of £250 ; and the Lady upon this occasion found or paid for a part of the timber. She belonged to a class of people called Anabaptists, and she was extremely desirous, when she came to the mansion-house of the plaintiff, that she should not have far to go to Chapei, and therefore she prevailed on the plaintiff to grant a lease to the Society to which she belonged of a piece of ground on his estate, for the purpose of a Meeting house being built there, which Meeting-house. still stood there. He should prove, in the most satisfac tory manner, the promise of marriage on more occa sions than one. He should also prove, that in the month of February, 1821, the plaintiff, finding that the Lady had intimated a wish to break off the match, sent her a formal invitation to come and be married, which she declined, declaring that she never would have the plaintiff for her husband. He should also prove that Miss Jones and Mr. D. Thomas had previ ously been to the office of Mr. Lewis, at Llandilo, and signed proposals for a settlement to be made upon the marriage, which proposals in substance were, that David Jones, in consideration of £7OO to be paid by the mother f Miss Jones, agreed to settle his estates to certain uses, first to himself and wife for life; then to the survivor; and after the decease of the survivor, to their children, by entail male, &c.— It was not extraordinary that they should have looked forward to the usual consequences of marriage, and with that view not only was provision made for sons, but also for daughters ; in the anticipation of which, a term of one thousand years was to be carved out of the freehold, for raising portions for these expected younger children; so that a large family was really considered as likely to be the result of this meditated union. The Learned Gentleman observed, that it was no light matter for a Gentleman, under such cir cumstances, to be pointed at in the country as having been jilted. Suppose he should wish to make an en gagement with some other Lady, would the Ladies be so glad to receive him now, after this treatment of Miss Hannah Jones? It was impossible to state this case without a smile, but he trusted the Jury would not permit the amusement which the cause might afford them, to get the better of their sense of justice; and lie trusted they would, in the end, give his client such damage. as in their sober consciences they thought he ought to receive. David Reece proved the Lady's age to be 46; that Mr. David Thomas was courting her in 1818; that he is about 35 years of age ; that a servant was hired by Miss Jones, with a view that the marriage should take place at Allhallowtide, 1819, who lived under such engagement in the plaintiff's house for twelve mowths. She was subsequently examined, and stated that her reason for leaving was, that Miss Jones would not marry Mr. Thomas. • . Several witnesses were called ; who proved promises of merlin. on the part or the atifiodant.the ye pairing of the plaintiff's house—the building of the chitper—and the-other points stated by Mr. Taunton. Mr. CAMPAILL, for the defendant, said this action was so ridiculous, that Mr. Taunton bad faired it inlo possible to state the facts to the Jury with doom gravity, though no man had greater powers of coot tenance. Hil friend had -exerted himself to the tn. most to preserve his gravity ; but a smile constantly betrayed the struggle, and, as the Jury might have seen, he actually several times burst into laughter.-- So trumpery an action was never before brought into a Court of Justice. This Gentleman, no doubt, might well have worn the willow, and might indeed have beta considered an unfortunate lover ; but would he not now, wherever he went in the Principality, be pointed at as a person who wanted to inveigle an old woman into marriage for the sake of her fortune, and, when he failed in that, wished to get it by the verdict of a Jury ? Surely be might have met with a Lady younger, mere beautiful, and more conform able with the objects of a marriage settlement. The Learned Counsel said, that the Lady had certainly reached the mature age of 46. One witness had said she was very beautiful ; another bloated, arid seemed to indicate some doubt on that point. Now he was instructed to state, and upon that the Jury would take the Lady's own word, that she was exceedingly plain—not to say ugly ; that she was not accom plished, for that the instructions which had been drawn for a settlement, and were said to have been signed by her, only bore her mark ; that no love-let ters had been produced probably arose from the Lady's inability to write ; and the Lady must have been very much astonished when the conveyancer talked of provisions for the Ist, 2d, Sd, 4th, sth, 6th,, 7th, Bth, 9th, 10th, 11th, 12th, and all and every other the sons, &c. issue of this marriage, unless she was *a woman of very weak understanding. Did it appear that the Esquire did not keep a female servant before' or did it appear that he had in- the slightest degree increased his establishment on account of Miss Han nah Jones? He must have had a female servant. to make his bed:-..t0 do all things to be done—milk his cows, &c. Such were the feelings of the Learned Gentleman, that he must repeat the apology of Mr. Taunton, that in this case it was impossible to pre serve gravity of countenance—that, however, was the fault of the cause, and not of the counsel. The ex penses to which the plaintiff had been put in prepar ing for the wedding could be alone given in evidence as damages, the amount of which had not been in anyway proved ; and he, therefore, trusted that the Jury would send the plaintiff back to the county of Pembroke with the indignation and contempt which he so jo.aly merited. Mr. Justice BAYLEY, in charging the Jury, ob served, that actions of this nature were not common, but still this was a case in which an action would lie, and the promise and breach had been clearly proved. It, therefore, became a question for the Jury to consider what damages they would give. As to the repairs of the house of the plaintiff, there was no evidence that they weie done at the suggestion of the defend ant ; and with regard to the building of the Chapel, it was not.at all improbable that the plaintiff him-, self was a member of the Anabaptist Society, and was thereby induced to give up to them a piece of land for the purpose of building a Chapel. The Jury, Ka tl c i i v e t u r e ef aml o l y re orb , eee o t u inl g a h in, t utt n h o, teo t eizn i p n ep e nr s se t e i p m aw a thi t ni i ch n z g ftoi t ir h e e thep d i a a ma i nti g ir es to had proposed wedding.--The Jury consulted for a few minutes, and returned a verdict for the plaintiff of £lOO. CORNWALL-BODMIN, AUGUST 6. SRDUCTION.--BUCKLRY V. FRY. This was an action brought by the plaintiff, John Buckley, for seducing his daughter. Mr. C. F. WlLLiaras opened the pleadings, and Mr. ADAM addressed the Jury, and seeing many fe males in Court, he suggested the impropriety of their continuing in Court during the examination. The Judge, however, did not concur in the necessity of their retiring, with which the Cornish maids seemed not a little pleased. The Learned Counsel then stated, that the defend ant was a farmer, living near Bidderford, and of-con siderable landed property. He was a widower with nine children, and the parties living within half a mile of each other, they colsequendy were visiting acquaintances; but it was not until a year and a quarter from the commencement of the acquaint ance that the defendant had seduced the plaintiff's daughter from the paths of virtue, even under her father's roof. The fruit of this base act was the birth of a child on the 28th of February, 1820; but the most unfeeling part of his conduct was the compel ling his victim to appear before a Magistrate, to filiate the child, when an order was made for the payment of two shillings per week. The Learned Counsel did not press far excessive damages, owing to the defendant's having paid this sum froth that period; but he contended that the father was, never theless, entitled to just as much damages, in his hum ble capacity, as if she had been of nobles births His daughter's character was equally dear to him. , The plaintiff was in his seventieth year, and by the seduc tion of his daughter he had been deprived of her as sistance to his family independent of that loss of cha racter which was yet more dear. Mr. C. F. WILLIAMS called the daughter, Jane Buckley, who was the only witness examined : She lives near Bidderford; defendant paid his addreues to her nearly a year and a half before he seduced her. On the 2d of May, 1520, he told her he was then worth 2,0001.. yearly ; she never had acquaintance with any other man than defendant. Mr. Serjeant PELL for the defendant, cross-exa mined Jane, the daughter: Well, Jenny, how old are you?—Jenny (smilingly)—Twenty.. nine, Sir. When did theferst act of seduction take place, Jenny ?—After father and mother were one to bed, Sir—between eight and nine o'clock In the evening. 0 fie, Jenny ! How hog did he stop after this took place?— She did not know; it might be half an hour. Now try, Jenny (said the Sarjeant), and recollect the second time; for I must, indeed, hero* all about it!—Well, she took a walk, but not in the fields —no, in the road—yea, in the high' road too, until they came to a barn, which she (Jenny) very re luctantly went into ! She did not shut the door. This was on chi ith of May. There wash lock, but she did not know whe ther it was locked or not—she did not try It; knows the defend ant's brother. Did you borroW, book of him P—Yes; no; I borrow a bo o k, Sir! no. I had a book o f hi s —l took the bo ok out of his coat. Describe the book, Jenny.—The book is better known to your Honour than myself. You read it a good deal ?—Yes. • On your oath, Jenny, was it am a most immodest work Yes, It was, your Honour! The Learned Serjeaat then addressed the Jury, ari a OarakMt dije agematice of af Ames% parti. caleely re se related andhe book, and the smiling Mawr in which sbe (Jemmy) had given her e‘ ideate. The book she had kept for tyro months in her pos. session. • He (tee defeadant), said the Learned ilew► jeant, bad made the easiest cosignest man ever made over a rental; and particalatip so over Jenny, whose yielding soul was nothing but melting love. W as this a case to call forth large damages? No; th father would be well paid without: and he would leave kis the Jury to say by their verdict what was due to the plaintiff for the loss of such a daughter, of whose services the plaintiff had been derived i n , s consenting a meaner. The Learned Judge (Sttsaapsen) said, the father was certainly entitled to then verdict, and scow 'usages for the loss of those services be had been dn. prived of by the acts of the defendant. Seduction was one of those cases which always called fat, rieus consideration. They had heard the evidence and would draw their own conclusions, and give such temperate damages as in their judgment they believed the plaintiff entitled to.—The Jury gave £l5. _ BUCKLEY, W. PST. This was an action by Jane Buckley against the de. fondant fora breach of promise of marriage, in whir* the record was withdrawn. BREACH OF PROMISE OF MARRIAGT..-..COCK V. MOIL Mr. J. CARTER opened the pleadings in this CASse by stating that this was an action brought by the plaintiff against the defendant, to recover compen sation for a breach of promise of marriage. The damages were laid at £2' ,000. Me. Serjeant PELL addressed the Jury for the plaia tiff. and stated that She was the daughter of a respect. able farmer in this County, who has eight girls and two boys, and who is now in the 73d year of his age. His daughter. Harriet Cock, is now in the 23d year of her age; the defendant is an Officer in his Majes ty's service, and commands the Eagle revenue cutter. At the time he gained the affection of Miss Cock he lived at the house of his mother-in-law, Mrs. White head. Two years previous to his going to sea, Mrs. Whitehead and the family of the plaintiff were upon terms of the greatest intimacy, and were constant visitors at each other's houses, in which Parish they had lived nine or ten years, bur afterwards went to reside at a place called Miloc, in the beginning of 1818, where the defendant resided, and was always received in the plaintiff's family as the intended hus band of Miss Cock, and his mother-in-law well knew he was received as such. At the time the defendant paid his addresses to the plaintiff she was in the 20th year of her age, the flower of her prime, and pos. sessed at that time many accomplishments of person and mind, and the defendant by his letters prwessel the most ardent affection and attachment to her., This continued until he formed a connexion with a Miss May, when he most cruelly left the object ci his former care to pine and lament hei misplasx.l fection for one who ill received it, and who rerutcei that affection in a mariner most reprehensible. The Learned Judge left it to the Jury to say the plaintiff was entitled to for the loss of that peace of mind the defendant had been the cause of de. priving his daughter of; but they were to banih from their minds vindictive damages. They were bound to consider the situation of the defendant, and his pecuniary m.rans of paying them. The Jury consulted for a short time, and save a verdict in favour of the plaintiff for £2OO. TO THE EDITOR OF THE STAR. Sra—Observing io your Paper of August 7, a paragraph upon the new Marriage Act taking place on the fest of September. whereby the Ladies are described as game, (and it might, per haps, be added, foie game!) it has occurred to me as a query, whether or no a general examination ought not to take place, to ascertain that every Gentleman be qualified 7-lam, Sir. your., AN OLD SPORTSMAN. MARRIED. August 6, at Welishot, by the Rev. Principal Taylor, D.D. Major J. Taylor, of the Honourable East India Company's Service, to Agnes, daughter of Was. Forloug, Esq. of WeWho:. Thursday, at Hendon Church, William ilae.kenzie, Esq. cf the id Dragoons, to Justin, third daughter of William ArJer sou, Esq. of Russeli-square. August 6, A. Gordon, Esq. of the Royal Engineers, to Zebee Tonzi, of Tweedside, Lymington, Hams. DIED. August S, at Teddington. Captain Tosaimant, late of the Ilan. East India Company's Service. July 29, in Dublin, Lieut.-Col. Hooper, 3d Veteran Battali.m. July 30, at Cashel, nn his route to Athlone, whither he WA proceeding with his regiment, Eyre Buller, Esq. Lieutenant is the 40th Regiment. He was seised at Caker with an inilatnnu tion in the bowels, of which he did not complain until his arrival at Cashel, where all human skill was unavailing. August t, at Alundsley, the Rev. Philip. Godfrey, B.D Rec tor of A yot St. Lawrence, Hertford s hi re , an d man y y ears o ne of the khisbtrates of that county. At Cheltenham aged 47, William Stuart, Rsq Mr. Stuart rearmed Atloo.ooo by earning on the coach-nuking trade at Calms. - NE WGATE Aso LEA DEN HA LL MARK ETS, Assam% (By the Carcase.) Beef ...........4s Oi to fislOd f Veal 2s Od to 4, 0.1 Mutton.. ..... as Od to 2s ad 1 Pork 2s 4d to 3s 44 Lamb Is 8d to 3s Bd. PRICES or HAY ♦NS S' SS. JAMES'S. Hay 31 8s Od to 41 04 ed Straw 11 7s Od to 21 Its Od Darer 31 5s Od to 41 4s Od TRANV YESTERDAY. MIN ITICHA nu Hay... 31 10s to 4! 4s ri Straw 11 ics to 2! Ys 04 Clover 41 Os to 41 15s 04 COUNTRY MARKETS. Orton% Amon B.—Wbeat Os. 00d. a bushel. The price of a half-peck loaf (household) Is. 4ed. Bauloav, AUGUST B.—Wheat, 2s. 4d. to Ss. 6d—Beans, Cd. to 48 Od.—Vetches, Cs od per bushel—Barley, 1.5 s to 44s Oats, les Od to 26s Od per quarter—Bread, Is 4d half peek; and smaller in proportion. Flour 265. to SU per sack. Uasauxs, Avo. B.—New Wheat per load. £l2los to £l6 Os Wheat, £6 to £l4 10s—Barley, per quarter, 18s to 235--Oats, 17s to rts--Beans, 26s to Sic—Peas, 26s to 30s. Nawsuav, %ars, Avousr B.—Wheat, 20s to .54.--Bark; 15s to 19s—Oats, 14s to 246.—Beaus, 26 to 32s—PPas, to 22s. —Rye, Os to Os.— , Bread, Is Id to Is 3d per Gallon. i'll,loßS OF GOLD AND S I L'VEN. Foreign Gold in Bars New Doubloons New Dalian to 4 Pt Silver, in bars, standard. 0 4 11t 'COAL MA ifiria, AU GUST 9. Adairs .15s. W.—Beaumont 365.-101ison Main 37s.—Caret field Us. 6d.—Heaton 591.—Hebbern Main 595. 341. A 393. 641. —Killing*Orth $9,. sd.—Liddell* 364.-I'ontop Windsor's 351. 6d.—Tanliski Moor Us. ed.—Townley SM. 6.l.—Wahsvod Bea and Co.'s 40s.—Do. Brown's 59s.—Do. Newmarch 405.- 1) *. Riddells 40s. 9d.--Do. Russel 425. 6d.—Wylam 565. 3d.- 00 . Stewart 495. ed.--. 144 Ships at Market—gOk Ships sul.l--- 4 i Unsold. HIGH-VATERat LONDON NUMMI Morning - - 48 minute .r!rr 7. Alklarttoon - 8 minutes alter 8. rbON; Printed and publhiad was ors, listen! place,. S I. , 14