Star. — London, England, 1817-06-07 00:00:00

FLANDERS MAIL. E: the 'Mail of this mot:ling we !earn, that the in orsccience has become s' great in the Netherlands, t7o m ;he influx of German emiLrants seeking their wAs to ports for Atnerin, as tc induce the Govern. /r ot to stop on the frontiers all who do not bring ..*:her money or letters of cred:t, ro insnre country , g inst the expense of their maintenance or transpor vtion.—The sufferings in various quarters, .occa -0.4 by the high price of corn, ate still so great as threaten serious elnsequences its diarent places. Letters from Milan state, that INA. Royal High. I,.!sthe i'r4teess of WALES 1;:o kit Coln° with her and isgone to Rome. • ;;.tVARY is arrived at Trieste, where he is under •,:..zynt:re. Having entered lie port under an as, „ r ed name, his papers wire staled up to be sent Vienna. Jerome BONAPARTE has bought of Bill:Nide BRAUN boautiful esta►e of Schonau. He gives in ex: c.Ange that of Erta and Algersdcrff, which he hail Fraehased before. but which hr has not been allowed to inhabit, and he par besides- 300 1 000 florins in Cclvention money. THE BRAZILS. ETTAACI OF A LETTER FROM THE ACUTE TO LLOYD'S,, AT LIsBON, DATED '24TM MAY: The Monte Allegre has just arrived from Bahia. E',e sailed on or about the 26th of March, at which :ice the Governor was getting three ships ready to take troops in to attack the Revolutionists at Per - , ambutu ; having first taken the precaution to place al the artillery, military stores, &c. under the charge oi Europeans. At Maranham all was quiet." AME.RICA. American Papers to the 14th ult. reached us this day. From the Philadelphia Arms we extract the flowing letter : " CUR AC OA, APRIL io. " We learn from Puorto Cabello, that General Mum.° had arrived at Maracay. Private letters mention that Brigadier PAiQUEL REAL has been put :der an arrest in the . Castill,l del Colonado, b La Guayra ; and that Brigadier MORALES, Colonels URR/ESTIETTA and QUER(/ ' and Captain ALB!" are a! lo in arrest at Puerto Cabello. No reason is as t gned for the confinement of those Officers. Briga eitr SARAN° is Captain• General ad interim of Car rac:as, his .Excellency DOD SALVADOR T♦; MAXO 1137:ng proceeded for the army." 7E. xtr act of a Letter from Mr. Mayas, our Consul -at Barcelona, dated May 2411817 : " Letters from Ali ant, of the teth•instant, advise, that a te. !eft prevailed there of the Dey of Algiers baying again violated it Treaties by the inhuman death of his Majesty's Consul, and xis Catholic Majesty's Consul, with the whole of their suite, Ste. :!at the fortifications have nut only been completely repaired tram the treets of the gallant and successful attack of Admiral Lard i ~ f OUTE, hut considcribigniProved ; and that the Dey had id 'iced many disaffected French Whirs, &curb* were occupied organising troops, and plating every thing in a formidable rue of defence. However, the authenticity of the above is put u doubt by a declaration.made me by Ceptain Dasoy, of the Gib. nhar brig Mercury, arived here from Mahon on the .19th I :et. Aar before he sailed on the 17th, a Spanish brig r eammastled by a Caputo Escudea, arrived oa the 13th, who sailed from BOOS loth inst. at which period nothlug new had transpired, except that two armed Altering brigs had arrived at aaid'placa from Algiers, bound to the eastward, in quest of the frigate, and other i presents expected from the Good &Isis*. Amebas Waite the hope of such a horrid catastrophe as reported from Alleant,' sli prove unfotindud. (Signed) "P.C. Tu iris, Consul." It appears by the regular report from .the Agent kr LLOYD'S at St. Thomas's, by the last packet, that io the ten weeks preceding the date of the report,l9B vessels had cleared. out with goods for the Spanish Colonies on the Main; while the Agent at Trinidad reposes in the &astir period, that literally no commu ratios had taken place between that island and the Maio. Does not this fact furnish incontrovertible evidence that there is something radically wrong, either in our colonial system itself, or in impractical details, so far as they relate to 'Trinidad 3 Is it not soaderful, while our home trade is suffering so: Hach from anavoidable causes, that any part of our foreign system should be such as to increase the evil. At Ttioidad the price of meat which was generally Ed. and 91 per pound, had risen to ss. 6d. in con scllence of no supplies from the Spaniards. Wliat adds to the grievance is, that since. the re. rotation of St. Thomas's to the Crown of Denmark, is as become a depot for foreiga goods and manu factures, which interfere very seriously with the for mer consumption of British supplies in the Spanish Ccionier, and this evil is increased by the unwise re -1:!-ctions upou the transport of German linens through tb:s country, for the assortment of cargoes for foreign These facts transpired at a general meeting of 14 ercliants and others interested in the Island of Trinidad, called at the London Tavern yesterday, to lcceive a Report from the Committee appointed to ororounicate with Ministers, on the recent extraordi. 'HY proceedings of the Colonial Government. We 21 t bappy to bear that this Meetmg came to an l'ueirootis Resolution, expressive of their cordial c . l ecurrence in any additional provisions or regula. 'ins which could be.devised for the protection and r:otal iaiprovement of the coloured population, in eVent of their wishes being complied with, of the establishment of British laws in that Island. 141 : 1 7 HYDE PARKER entertained a select 'circled 14 s s 'ionables on 'lsbury:l4y evening, it her house in ("rex Cumbetlatnd place. On the 16th of June her l ' a dluhip intends having a masked ball. Tllr Arzmr. The Mat;Wa. of Plymouth, from Cork to New South Wales. with Colonel ERSKINE and troops on board, was spoken with in lat. 42. N. long►. 14. 26. W. by a Swedish vessel—all well. The Swede has arrived at Liverpool. Friday sennight. seven companies of the Royal Marine Artillery, under the command of Colonel Sir Rion/mu WILLIAMS, proceeded Irons Chadian', in two d►visions, on their route to Fort Mond:ton, neat Portsmouth, which is intended to be the future head. quarters of that useful corps. NAVAL INTL LLIGEIVCB. FALMOVIII, JUN L S. Arrived the Nocton packet, with a Mail from the Leeward Islands, in 31 days from St. Thomas's ; Expedition, PARRY, from St. Michael's for Cork, with loss of foretop-mast, yards, iv. and the HIND reve nue cutter, front a cruise.—Wind W. PORTSMOUTH, JUNE 6. • Arrived , his Majesty's ships Pre , )Afrris . zus, from a cruise; and Foam, from Halifax. l'Asseel by for the Downs the Ross, from Jamaica ; and Hero of the Nile, from Detnarara.—Wind S. W. CHATHAM, JUNE 4. The FAME, of 7+ guns. is taken iota Dock to un dergo a liege repair. The Warrant Officers of the ships :41 Dock, are ordered to attend during the working hours of the Yard, to watch their ships in stead of Ship Wardens, as heretofore. DEAL, JUNE e. Arrived and sailed lot the River the Lady Castle reagh, and Cambridge. from China; West Indian, Coos. from Anngua ; Friendship, - Glascott. from Deinarara; Malin, from Baltimore I Ann, HAMIL• TUN, from Jamaica; and the Eliza, from Charleston tor Amsterdam. Sailed the Thalia, Hustler, for Ceylon ; and the Lord Sidmouth, lot Bombay. Came down from the River the Palemon for New York ; Caroline, fur Demarara ; and Alligator, for St. Yin cent's.—Wind S. W. DOVER, JUNE O. Sailed this morning the Lord Dnnean packet, Captain HAMILTON, .with the French Mail; and the Ant, Captain BARNETT, with passengers ; for Calais. Arrived last night, the Chichester packet. Captain RUTTIR ; Lady Castlereagh, Captain MowLL ; and l'lris, French packet, from Calais, with passengers. Sailed the brig John, Captain MaCIiELL, hit Canada, with emigrants from Scotland. His Excellency Baron FAG6I. embarked this day for Calais on board of the Queen Charlotte, C:tptain Thomas. Arrived this afternoon the Princess Charlotte pitket, Captain HALLANDS i from Ostend, with a mail and passengers. GRAVESEND, JUNE 6. Arrived the Friends, Kydd, from Dante* ; Harmony, Pratt, from Tellers& ; Lord Cawdor, Brooks, !roan Rio Janeiro ; Pro. videssee, Sutton, from ditto; Mars, Grey, from Paternity the George, Mitkr, from Tobago; Trastity, Cook, from Jam aica; ' Alfred, Booth, from Demerara • the Delaford, Young, (rum Sr. Vincent's; Prince of Orange, ilk, from Calcutta ; Elizabeth, Wake, from Lisbon; Tulloci:Castle, GU:I:4. from Jamaica; the Rose, Garden, from Riga; Lang, Clark; from St. Vincent's ; the Louisa, Maritime, from Ckyenne• ' Camden, Billiugliurst, from Antigua ; Albion, Hill, from T ob ago; Emulous, Arthur, from I.snzarotte; and Anna Dorothea, Allen, from Madeira . — Sailed tbe Albion, Norton, for Madeira, She eape of Good Hope, dm; Argo, Jackson, ler Smyrna and Constantinople ; Lord Nelson, M. for Cork ; Resolution. Roberts, for Antwerp ; the Perseve rance. Watson, ter ditto; Charles, Agnes, for Room; Venus, Atherden, for Havretelad Brothers. Reed, WARW. CUSVM-JioLiAll, JUNE 6. Slurs seru/a m oaes.--The Argo, Lukas, from Lime rick ; Sir Edward Hamilton, Bell, and Sisters, M‘Master, from Jamaica ; John Buchanan, Denning, front Tobago ; Blessing, ha., con, from YoughaU; Ann Rebecca, Spill, from Lisbon ; Etnest i &awn, from the Cape of Good Hope; Paragon, Hide, from Grenada ; Agamemnon, Jackson, and Warren Hastiogs, Lirkina, from Calcutta ; and Camden, Balmhurst, from Atigus. OUTWARDS.—The Margaretta, Lewis, fur Dublin . ; Three Brothers, Spaule, (or Havre and Rouen ; Albion, Baster, for Beurdeaux; Gleaner, Quince., fur Trieste and Venice ; and Spe. caller, Anderson, for Oporto. LIVERPOOL, Jura 5.-77 — Crrived the ship Julius Cte. gar, Maacay, from New York in twenty-one days; she sailed May 15; also the Rapid, STANHOPZ, and the Margaret, Daaw, from the same.place, and have brought 10,000 bags of wheat, besides flour.—By the conclusion of the week we stall. have a vast import of cotton, flour, rice, &c. Notwithstanding so great an import already of these articles,"they have not suifued any depression. Flour in.price 795. to 80s. A new Afterpiece has been read in the Green room of Drury Lane Theatre, entitled Incog. or Ma Da r at a Well-inetua Hari, in which, we understand, Mrs. DAVISON, Mrs. ALsor. Messrs. kimicev and It nowt., have characters most happily adapted to their respective talen Various conjectures are for med, and much curiosity excited in the fashionable world, respecting the name of the lintel —Though " Atop" at present, a short-time will likely develope the mystery. Mr. RAYMOND is appointed Stage Manager of Drury Lane Theatre for the next season, nice Mr. RAN. MUNDEN it still confined by the got", in his fret, which, fortunately, did not e l fay him by the Ws," until the day after his Benefit. Lady Col:mammon gave a quadrille ball on Thurs day eveninr, at her house in Charletrstreet. Berkeley square, which was attended by upwards of 200 per. sons of the first rank and fashion. The two principal drawing-rooms were fitted up with uncommon taste , for dancing. and were most brilliantly s illuminated ; the floors of each apartment were beautifullfchalked. Earl SPENCYR gives a grand political dinner at ' Wirnbleton to-morrow, and the Earl of LIVERPOOL, with many of his immediate personal friends in both Houses of Parliament, will be of the party. What makes this circumstance rather singular is, that Earl Snit= has not for several years appeared to take any lead in political affairs ; and with respect to his interference with the Earl of LtvettrooL, that has been suspended for at least twenty years. From the anxiety displayed in some Journals to prove that there are really no dissensions in the Cabinet, inclines many people to inter the contrary t but we have still better authority for stating, that the continuance of the sus• pension of the Habeas Corpus Act has its opponents even in the highest and most powerful of all political circles. It is now said, it seems, by one part of the Administration, that if the Heads of the proper De partment had insisted upqn a certain Officer of the Crown doing his duty.* little more promptly, there would have been no occasion for this,obnoxious mea sure, and their popularity, would h a v e t w i n save d. Yesterday a bricklayer's labourer, working at the new street, in Pall-Mall./ell off a scaffold two stories ,bigb. by which be bide were' of his ribs and frac tured his shill. He is not expUttid to recover. LAW In ELLIGXNCE. COURT' OF KING'S BENCH, JUNE 6. MR. WOOLER'S coNvlcrioN. Trinity Term commenced this day, and on the Shting of the Court, Mr. Justice Assorr delivered himself to the fel :cm:jug effect, upon what occurred at the trial of Mr. %Voider yesterday : " I take this opportunity of making a few observa. tions respecting some circumstances which occurred at the trial of a case yesterday at Guildhall. The' case to which I allude, was an itiforination Wed by his Majesty's Attorney General against a person of the name of Thomas Jonathan Wooler, fora libel.— After the case had been called on, and the ercum • stances of it fully discussed, the Jury retired to con• skier of their verdict, and while they were -absent another case was called on. The trial of that case proceeded, and just as the reply of the Counsel for the Crown had closed, the door on my left hand was opened in order to admit the Gentlemen of the Jury, who had retired to consider of their verdict, and as soon as the reply in the second case was finished, their names were called over by the officer of the Court in the usual way, and asked in the ordinary course of business if they had agreed in 'Lir verdict. and whether the defendant was guill or r.'t guilty ? The Foreman of the Jury then said that the Jury found the defendant guilty ; but that three of them were desirous, and had desired him, ve their 'part, to add something by way of explaining their verdict.-- I then interposed, and said, that I could not teceive an opinion or declaration, coming only from a part 4.1 the Jury ; but that if they all agreed in the matter contained in the paper referred to, I should feel my self bound to take notice of it, as the opinion of all. I then asked (speaking, as 1 thought, in a very dis tinct and audible voice) whether all the Jury had agreed in the verdict they had at first pronounced ? I was answered by the Foreman that they had ; and at that time I heard no dissent eipressed by them.— The situation was such (the Jury not having all of them come into Court from the room behind the Bench) that it was not altogether impossible that some mistake or misapprehension may have taken place, and that some of them, it is not impossible, might not hear distinctly, so as to understand clearly, what it was that had taken place. They having then re• tired, the door by which they had entered was shut again. 1 proceeded to sum up the case which was then under iconsideration;and haying concluded my summing up, the Geptlemen of the Jury retired to consider of their verdict.' A Gentleman of the Bar then suggested to me that some of the Gentlemen of the former Jury had not acquiesced, nor intended to acquiesce, in the general verdict that had been deli. vered, and they were desirous that that verdict should be recorded with some degree of qualifiation. Ido not pretend to repeat the exact words used, but that MU the sub.tarice of what passed. I understood that some of the Gentlemen of the Jury were then at hand or in the Court. I then said that the verdict of the Jury having been taken, and that having asked them distinctly whether they had agreed upon their verdict ? and they having replied in the affirma time, without dissent, it seemed to me that I could not sa'cly, in tharcase, do any thing in the matter ; that it would be (I don't know that I might.have eaves. sack that sentirbent) extremely dangerous, if after the Jury had withdrawn from the Bar, and after an in. terval of time was suffered to elapse, to receive any communication from them, to be acted upon by the Judge in the then state of the proceedings. The con sequence was, that a verdict of Guilty was recorded as the verdict of the Jury. I wished to take the ear liest opportunity of stating this matter publicly in Court, to my Lord, and my Brothers." Mr. Cairn then rose and was about to address the Court, when Lord Exceraonovala (in an authoritative tone) 5ay...." Sir, the Court are deliberating upon the sub ject of the communication made by one of its own Members !" 'The Court, after remaining in consultation a few minutes, _ Lord Etteramigovon said —es Mr. Attorney-Ge neral, the Court cannot, , according to the practice and precedents of law, receive any affilivit from a Juryman upon the subject of his verdict ; and the reason why he ceases to be privileged Irons making such an affidavit, is because it has a tendency to affect the verdict, to which he must be supposed to have given his assent before it was recorded. In ordetr, however, to give full effect to this principle, it must appear clearly, that the Juriman heard dis tinctly what WAS pronounced by his'lforeman, on be. half of himself and his fellows ; and the difficulty that occurs to my mind it; whether there appears in this case such sufficient evidence before the Court t" act upon, that the Jury did all of thrtn'hear what was propounded for them and on their behalf by their Foreman. They were dot all within the sight and view tlf the Judge at the time. It appears that part of the Jury were in the room behind where the Judge sat. and were .not all in his ; view 4! so that we have not in this case tho itedinary means thit exist in others, for presuming OA every one of the Jurors heard what was 'propounded on his behalf. It ap pears they were tarnished with no means of contra diction, for it is only their verdict as propounded by the Foreman on their behalf. By not dissenting from that which was propounded, they must be taken to have assented to the declaration•of their Foreman; but unless they had the power of hearing what was propounded im their behalf, they had nut the means of effectually dissenting from what was propounded. That circumstance, therefore, snakes a distinction in this case from all the caws which usually occur. Of course the verdicts bf Junes are usually given by the Jurors standing together in the presenCe and view of the Judge, with a full opportunity of bearing every thing propounded by the Foreman on their behalf, and with the means of dissenting from any thing which was not propounded' with their astral. If it could be made out satisfactorily by the position in which they stood, and they being in the perfect view of the Judge, did not diisent from the answer of the Foreman, it woullbe too muck to disturb the verdict. The Court certainly will nor entertain a miition of that sort, founded upon an affidavit of a JOiyman, but if, as in the case before them, it appears that the Jury had not the complete means of ne a ring what was propounded by their Foreman; and consequently had nut flee means'ot assenting or dissenting, it seems to be ati important doniideration (accodiug to Itggestion of my Learned Brodie!) whether in this case the verdict of tae Jury ought not to be put out of all doubt (for there should be no doubt whatever AS to the verdict of a Jury in any case, still less in a criminal proceeding). and whether we ought not to allow the defendant to have the advantage of a new trial, if he O . : uuld be disposed to claim such an ad vantirge. The A rroetcev•GENErt A t. said, he was not disrsed to controvert the law as laid down by his I.. ,, rds'op, in cases of this nature, but he apprehended that tEe Ceurt, before at was disposed to set aside the verdict ct a Jury dt 116..rately recorded, would permit the grounds upon which it could (..rally be disturbed, to be WI. mated to its consideration. With great deference he contended, that it was quite impossible tor the Jury to be ignorant of what was passing in Court at the time their Foreman gave in the verdict. The Jurors were all called over by die officer of we Cow r, aid they severally answered to their nam es . Lord ELLl:Noitoucti —We assume Mat, Mr. A:- torney, that every thug w.ts correct in that respect. The ArrouNav-GaNi RH A I.—Then 1 confidently , submit to your Lordships that it was quite ble for the Jurors not to have heard all that pasceJ. It is intpossi6le but they must have beard aA that: occurred. Mr. Justic., 134vmsv—I understand the Judge Hm self has a doubt in his own mind, whether the err. diet as ultimately pronounced by the Foreulat., a is distinctly heard by each and eas.ry of th• Jurors. Lord EIIENBOROUGII —Want of seeing them ren ders k doulktul, whether they all heard M !id passed. If the Jthige had seen them that would haze atforded unquestionible presumption that they had heard %bat to )k place.• 1 . 11.? A ITOHNEY•GENEItAL-•-I apprehend Lordship would expect to have some gri:unds la:1 before the Court. Lord acatatentoccn—l think the Court a7e prt.- eluded from the means of inquiring, thtough the (lit= of any affidavits to be furnished by the into the grounds upon which they oirwnt...d :707n their fellows. We can receive no knowledge fecsni their own affidavits. If they cannot agree in their verdict they ought to have expressed dissent at the lime. But if the Jurori at the time their verdict was delivered by the . Foreman had not the means of hearing what was propounded, there is no need to 'have their testimony upon that point. The fact may be inferred from' the circumstances under which the verdict was delivered. That is the only difficulty which the Court has. The danger would be infinite, if the practice of receiving affidavits from Jurors was recognised. That is a doctrine which has at all t fes been held by the Court. They have always been de terred by a consideration of the consequences, from allowing of such applications. Indeed I don't know that such an application has ever been nude. Mr. justice BAYLEY The Judge, feeling the dif ficulty of the subject, thought it was duo to himself and the public to make the communication which he has; and I most entirely concur with my Lord in every observation he has made with reference to this case. The case was peculiarly circunistanced : the Jury were in such a situation that they were not all in tbs 'view of the Judge. The Judge had nut the opportunity of seeing the Jury, nor had the Jury ;he opportunity of seeingAhe Judge ; and it is duts..ittol whether the Jurors. who ware now visible iitichin o!;- portunity of communicat:ng with the Judge upon the subject, or of hearing ;411 that was propopidc.:." The Rarronstaa-GesrnAc—‘ , If the Court think, that, wider the circumstances of this case, the defen dant ought to have a 'kw trial, I am sure, standing here for the Crown. after the espressioa of your Lordships' sentiments, I ought nut to resist it tot a moment." • Mr. justice HOLRnYD—" I don't see how the Court can, with propriety, say that they can pass to ment upon the defendant, under the circumstance-2 now disclosed.' The ATrunNyr-CENtotAL---" Then, my 'Lp::ls, uader such circumstances, I will myself ,move tor a new trial pa the part of the Crown." 4* • Lord ELLENnottotaut—. , I think Mr. Attorney you do as becomes you. There must be a s new trial. Mr. Cutrry rose to address the Court. Lord ELLENBOROLIGII—." Are you instructed on tee part of your client to the extent of auttiosiains you to desire a new trial ?" Mr. CIIIITI 1 merely appeared on behalf of the dissentieut Jurymen." Lord LI.LENNIRuI;OII—," Very sell I then you do not desire a hew trial ?" Mr. C1111TY" I now appear on behalf of the &Nod lot." Lord ELLSNIMOUGH—" DI you desire a new trial:" Mr. CHITTY-6i Yo, my Lord ; I certainly Aloold move for a new trial." 'lle Defendant's Attorney sugges , ed to Mr. Chitty to move for a rule to shew cause why a vridiet f acquittal should not he entered opoo the record. Mr. CHITTY—" My Lord, I am riow uttrrto:te.l on behalf of the defendant to m o v e fo r acquittal. Lord ELLENBOMOCCIII—" The Court ?hive gt,tt,!(.4 a new trial. In your turn you will move what may be fit for you to move." Mr. Curt TY afterwards reserved his Mu:inn fut tu moauw (this day). MR. ()CONNELL AND MR. PEEL. THE KING O. DANIEL. O'ctrNNELI., V.A • Mr. REaucit inhumed the Conit that an: Grua. man WAS in attendance in pursuance of the former re►pite of his tecognizmice to appear in Court on the first day of this Term; and lie was instructed, on behalf ut that Gentleman, to limas that the said tc cognizances be now discharges:. Mr. O'Connell immediately stood fcrth upon the floor of the Court. Lord ELLENtionouoit desired to know the terms in which the recognizance was couched. _ Mr. READE R then read the teralsof the recogr!- zance, dated 21st S...pterriber, 181:;, by whi c h Al i . O'Connell was requited to keep the peace towars:s all the King's subjects, and be of good behaviour. and paruculatly to Lep the peace towatas the t Honourable Robert Peel and Sir Charles Saxton, c to depart the realm, or assist any of the liing's sub jects in lighting any Jud, .cc. and also to 4 ppe.: r in this Court on the tits day el htieliaelnias Tom I till From that period it was in the recidicLiu)n ut the Court that these recognizances were teapitvd time ttf• time uutil the piessint day. . Lad ELLEN:SONOUGII--a• giving him t!:.2 trtaltic %Lain attencing e:c Coat?, I' JITF VS4 the