Star. — London, England, 1817-05-19 00:00:00

r Lin" IN TEL.I6. e 4E; CZ COURT C 7 KING'S BRUM littiti TREASON• Saturday morning, on their Lordships taking their Seats, the new Attorney-General, - Sir Sawn Sneak HERD, stated, that four proms, named Arthurnirtk wood, Janes I Vahon, the elder, Rialsell Hooper, and Thomas Pr e :l4n, bad Ir:en longest from the Tower, by 114 eat Corpus, to plead to an indictment for High Treason preferred against them. The prisoners were now brought Into the Court sepwately, in the custody of tl.e 'fa:meant the Guard, and on their be:ng•plact.d az tie bar, immediately bellied the King's Counsel, Thistles:nod, Watson, and Holier, cordia,ly shook hands With each other, and Preston, who came ii last, shordc hands with Warsoo, who was next lam. and bowed, waving his hand to the whet two. Watson was dressed in a new biai.k coat, a black siik waistcoat, black small clothes and stockings and appeated pale; Preston hail on a greyish brows. colooirJ coat, and a buff waistcoat, and appeared iv:dr cily unconcerned during the whole proceedings ; tioooTr was dressed in a grey great coat, claret-coloured body-coat with plated buttons, and a black - waistcoat; and 'lhistlewood had on a loose sail r's pike, and nsi neckerchief. The AvronNev-Gesenti, now moved, that the Return of the Marquis of Hastings, the Governor of the Tswer, "night be read. The Master of the Court accordingly read it; and on noodles motion of the Attorney-General it was filed. Lord ELLBNW)RoVGII then addressed the prisoners• as follows Prisoners (repeating their names), would all or any of you wish or desire to haw Coma sal assigned to you? This , lewood, Would yon?" Prisoner Thistlewood— ,, C.-rtaitily, my Lord." L , ral ELLENB' Would yon flame him row, or would )00 wish to have until Monday or Tue.day to name him ?" Thistlewood— , ' My Lord, I ltave not made up tt y mind yet." Lord ELLEssoIICO:OH •• 44 Very wnll 4 . James War. son, the elder, would you wish to haye Counsel as signed to you ?" Watson-6 , My Lord, I certainly wish for Coon. itel; but I have not made up my mind at present:" Lord El.f.ttat •fttovou-- ,, Thomas Preston, will you have Counsel assigned to you now, or wL you have time to cons ider of it ?" Preston The gentlemen who have preceded me, my Lord, have expressed my sentiments on the subject." Lord Et.tmsonovoisi." Very well. Richard Mora, will you have Counsel assigned now ?I' Hooper— ,, 1 wish for Ctonwl, my Lord, but I have not decided yet whom to have. If not iiii"ro. per, I should wish to have the liberty of considering fur a few days." • Lord Ei.sessonnootve-'' Well." Watson-.' Would it be impertinent to inquire of your Lordships. whether. if Counsel be assigned to me, 15h411 be allowed to speak in my own defence. as well as the Counsel r' 4 tr their Lordships had consulted together for some time, the 'prisoner was answered as follows ; Lord Et.t.staannoncst...." You will not be restrain ed from attires:lag any thing to the. Court and Jury that you think of importance for your defence; and you may intimate to the Court thereafter, or to any single Judge at Chambers, who tie Counsel may be that you prefer." Watson—" Am I to understand your Lordship, that if my Counsel goes into any discussion on the evidence, I :hall still have the privilege of address. lug . the Jury?" Lord Et.annonnuou I cannot enter into dis cussion with you. You-will not be restrained from eying any thing that shall be expedient and netts- Wry for ;nor defence." The Anototst-Gartsmist now moved, that the prisoners should be atraigntd. The Indictment was then read over, and the usual questions in the form of plea were put to the prisoners. They severally pleaded Not Guilty. and in the usual manner said try would be tried by Grin and their country; after which the Master of the Court repeated the words, 4 rGon send you a gond deliverance!" The Master then inquired if they had been fur nished with Copies of the Indictment, and Lists of the Jury and witnesses, and the prisoners answered in the affirmative. The Arroartary Gairenat..••• 44 I am now to mov e your Lordships to appoint ,a day for the. trial of the 'prisoners. Any dal which is most convenient for your Lordships in the early pin of next term." Lord Eta.xxsonounit—ft The prisoners will un derstand, that they may apply, through the medium of their Solicitor, to any Judges at Chambers to have Counsel assigned, and name the Counsel they may wish to have ; and, Mr. Attorney-General, it has occurred to the Court, that Monday, the 9th day of Jute, will prob th, • be a convenient day (or the trial. The Conti, theietore, appoint that day, at nine o'clock in the morning." The ArroiNZT-GtoillAte-em My Lord, I ban nos to move, - that the prisoners be remanded." Lord ELLZHISOAOUOU- 4 ! Let them be remanded." The prisoners *ere then taken out of Court, and separately conveyed back to the Tower. During the whole proceedings they conducted themselves with the greatest propriety and decorum, and Watson wrote something, which, after having shewn it to the other prisoners, he banded to Mr., tiarmer, who at• tended as their Solicitors He seemed frequently to look at a paper be bad in his hand, av,d upon the whole seemed to pay *loch attention to Me proceed ings, especially where his own name, or that of his son, were read in the indictment. Preston, though apparently with an unruffled and unconcerned brow, listened with attention, and the other two prisoners wok notice of all that passed. ?H5 JUNO T. UnXf. The Arrostret-Gisanar, said, he understood Mr. W. Hone, who was at present in custody on a charge of libel, inwoded this day to make some application so the C..nrt, of the nature of which he (the Attor nry-Gener.d) was ignorant; as Mr. Hone was in Cpurt, however, their Lordibips would, p e rh a p s , now allow him to proceed. Lord Et Llnsamtotiou desired it should be inti mated to defendant, that the Coot-would now bear any thing ne had to say. Mr. kione 'then proceeded to address the Court. He acknowledged the obligation be was under to she Attornercatteral for olbwiag him to Costs op on this occasion. He now wished to state to their Lordships some reasons on which he presumed to re present that his arrest was illegal, and that he ought to be discharged, since, from the manner in which he had been apprehended, no notice having been given to him, he was kept in costo.ly, ign irant of his offence,. from Saturday night till M , ndly morn ing. without being able to give notice of bail, which, if he had known what offmice he was charged with, he might have done. He then proceeded to state the particulars of his arrest, which look place near his own house in the Old Bailey, from whence he was taken to Hemp's lock-up house, and there kept till Monday morning, the officer having refused, though he was apprehended so near his own house, to allow him to go v. his wife for a sinele 'Jute. At the time he was taken custudy, the officer told him lie had only one warrant aga nu him; yet, on the Monday morning, when he tars hroopht up, the then Attorney-General (Sir William Garroa.) preferred three informations against him. Ile•did not wish to detain the Court AT any long statement, but only regyested that his affidavit the r e facts might be read. lite defendant's affidaVit, swearing to the trut h of the facts stated by him as attending his arrest, was then put in and rent. Lord ELLENBOROticaf —" You must now state what is sour motion, and against whom you mean to mike complaint." Deleadant—" My Lord, I throw myself on your Lordships' protection." Lord Ewsononouott ••• 14 That will not da. The Court would have too much to attend to, if they were to take on themselves to make out a ease for every orie who chose to call on them to do so." Desendant -. 44 My Lord, I conceive the injury I .have to complain of originated in your Lordship's warrant. I know not how to proceed, aid must throw timed on your Lordship's prtatection." Lord • Ehhasis , itutscht—‘ , That will not do. e l he Court cannot take up your case; they have another and an advtise party also beote them." D.-letidant—“ My Lod, I have no Counsel, and am an ignorant man; I presume your Lordship should be my Counsel. I know not how to proceed, whether by motion or action." Lord EthENnuttot - rin Where nothing is prayed, we cats grai,t you nothing ; the time of the Court must not be thus taken up." Defendant-4 My Lord, then I must proceed to my motion. I move that I be discharged out of custody ,on the gr..unds which I shall state Wken I was last before your Le rdships, I was told I could nut have a copy ut the warrants on which I was cons mitted ; the officer, however, informed me, 1 ahould learn the cause of my detention by applying at the office for, a copy of CAMS. I accordingly applied at I the office, and got a copy of causes, in which it was stated that I had been brought up on certain infor mations, and not having bail ready, had prayed a day, and was in consequence commit...ld. Now I submit that the copy of causes should set forth the true cause, which this dots not. It is not true that I prayed a day." Lord ELLassoaotion— , " If you do not plead when you are called on to dm so, yon must, in the collusion meaning, be taken to ask time ; you were told by the Court that you might have time; that you might, if you chose, ask an iirrprlance ; you did not plead. and we mug construe your case that you asked Defendant—" My Lord, I do nut mean to peen any offensive matter on --." Lord ELLENBOttuLVIi" Do you mean now to plead or not i" Defendant—" I did not imagine !bat question would be asked of me." Lord ELLSSIBOKOLOIIia He must be remanded; the time of the Court and the public cannot be wasted." The defendant was again taken from the Court in custody of the tipstaff. CAPTAIN HOT. Mr. ADOLPUus moved for a Certiorari, on the cir cumstances related by the Honourable Mr. Bennett, in the House of Commons on Tuesday night. Mr. Adolphus said, he presented hints& to the Court un the affidavits of Thc.nas Griffiths and Charlotte Grit- Ochs, his wife ; he recapitulated the particulars of Ilse case of the conviction of Captain Hoy for the as• bAUIt, his sentence of a fine of AM and imprisonment for twelve months t and that after the expiration of nine days the prisoner was enlarged, and that with out any intimation being given to the prosecutors of any al.eration of his sentence. Lord ELLENDOROVOIf inquired what power the Court had to prevent this enlargement Mr. ADOLPHUS submitted, by the Court's consent ing to giant an 'scare warrant, and his being again placed so confinement. The COURT."" Take a rule to shew cause." Lord Eu.kasonovott We may regret that what is done may be wrung, but we may nut have the power of a remedy." Mr. Ansmettus" To whom, my Lords, must I make my appiseatiou ?" Lord Edimatiauccii." Take the rule to thew cause to the Magistrates." Mr. ADoultus-4 , I believe I can't call on the Keepers of Coldbatli-fields to bring iothe papers re lating to the committal And liberation of Hoy, so I had better strike out that from my motion." Lord ELLessonotGu" Till we have the whcle before us, it will be difficult to suggest the hunt con venient motion. You draw up your motion to attain the end of justice, and the Court grants your rule." COURT—" You Must serve it on the driend4nt." Mr. Auf.n.rims—. , Yes, if 1 can ; but I fear there will be a difficulty in avg." CUURI OF FXCHEQUER, MAY 17. THZ KING, IN AID t F aIIt C. NULL, BART. i. BARKIM. Tins case, which came before the Court on a for mer day, on a motion to set aside an Extent in Aid, upon the ground of the plaintiff having fraudulently procured himself to le 'made a debtor to the Crown, was again attended to this day. Our Readers may recollect, that it was stated on the part of the defendant, that in a conversation with Sir Charles Price, on the 14th of September, when applied to to obtain an Extent in Aid against a per son of the name of Thompson, at ?lewcastle, he de clared that he had no foamy transaction with the Crown, etcher directly or indirectly, and therefore was unable to comply with this solicitation. A like de. claration was made by his son at Stockton, and by himself on the 16th and 17th of the same month ; notwithstanding which, on the 94th an Extent wa► obtained by him against the estate of Smith and Co. under which the ptotraiiiis took place against Mr. Barker. Sir C. Price in neaten,. for this discor dance between his declarations and his actions, swore, that at the time he made the declaration he was en tirely ignorant that he had the power of availing him self of the benefit of an Extent in Aid; and was not aware of his right to do so, until he had consulted Counsel. When the subject was last before the Court, it was directed to stand aver, in order to afford an opportunity to Sir C. Price to declare, in distinct and express terms, that he was, at the time fie held the conversation with Mr. Sanderson, on the 14th of Sep tember, positively and lanai& a debtor In the Crown. Mr. DACNCZY now produced Sir C. Price's supple mentary affidavit, which states, that on the 14th of September there was owing from him to the Receiver General of his Majesty's Customs the sum of W 20,000 and that from that day until the day when he applied for the Extent in Aid against the estate of smith and Co. he was in debt to the said Receiver-General of r his Majesty's Customs in the said sum ol A 20,000, being money of his M.jeaty. Mr. TYNDALL, for the defendant, contended, that from the admission of Sir Charles Price, and persors concerned in his house, on the llth, 13th, and 161. or September, of their inability on those days to ob tain an extent, there eas fair ground fur suspicion that on those days no debt was due to the Crowe.— To remove these suspicions, the plaintiff was allowed to amend his affidavit; but he humbly submitt. 4. that inasmuch as he had not unequivocklly swot' that he was indebted to the Crown previous to the conversation with Mr. Sanderson on the 14th of Sep tember—a fair ground of suspicion still existed, that the debt was incurred by fraudulent means, and there fore the extent ought to be set aside. Lord Chace DAttOti—ln this case it is suggested, that the circumstance of the plaintiff's having declar ed, on the 14th and 17th of September, and on inter vening days, that there was no debt due from them to the Crown, to entitle them to apply for an extent,' is evidence that, in point of fact. there was no debt due from them to the Crown at all previous to those days. It was on this account that the Court thought it proper that the plaintiffs should be called on to state what was the real state cf the case. They say, iu their first answer to this suggestion, that en the 19th of September they consulted Counsel, not know ing at the time that they were so indebted as to war rant their application for an extent ; that their Counsel advised them that there was such a debt, and under that advice they applied fur and obtained an extent on the 24th. There being still some doribt, however, as to whether there was such a debt existing on the 1411 e when Mr. Sanderson is stated to have had the conversation with Sir Charles Price, in which he denied the existence of a debt to the Cross n by his house, the Court desired that that fact night be inure fully explained; and Sir Charles Price now distinctly states, that on the 14th ot neptember he•was actually in debt to the Receiver-General of Customs in ahe sum orse2o,ooo, and that this debt continued t•ll the 17th, and until after the Extent was obtained, which I think is all the Court required, and must be consi dered satisfactory ; nevertheless, it Would have been more desirable if Sir Charles Price had rendered his explanation less questionable by a more distinct and positive averment as to the real nature of his trans actions with the Receiver-General of the Customs. Mr. Bann GRAHAM agreed with the - Chief Baron in -his decizion on this CAW, but at the same time _thought Str C. Price should have been more expla natory. Mr. Baron GARROW-I concur with my Learned Brothers that the Rule for setting aside the Extent in this case should be set aside ; but I cannot help ex pressing my astonishment at the manner in which the plaintifk has met the desire of the Court. The Court had a right to expect that Sir C. Price would have put in such an affidavit as would have precluded the possibility of an observation. Mr. Rictsannsox—ln that case, my Lord, I should not have troubled your Lordships. Mr. Baron GARROW-.4 am very sure you would nor, and therefore the conduct of the plaintiff is the snore deserving remark. You were perfectly justified in what you did.—Rule discharged. LIABILITY OF THE CLERGY TO PAY 'I ITHES. THE MINOR .CANONS V. THE DIAN NE ST. PAUL'S. In this case, iu which the Minor Canons of St: Paul's filed a bill against the Dean of St. Paul's, for refusing to pay tithes on certain premises occupied by him in the parish of St. Paul's, the Lord Chief Baron RICHARDS has given judgment. The Learned Baron entered very minutely into all the circumstan ces of the case. and referring particularly to the sta tute under which tithes were granted to the Minor Canons of St. Paul's, and to the fact of the Dean having already admitted the justice of their cl rim by paying tithe in a limited proportion, his Lordship pro nounced judgment in favour of the appellant. MARLDOROUGH-STREET.—Saturday Carp and Ass pasts Hart, Esqrs. were charged with a violent as sault on Viands Cundell, a boy, sixteen years of age. The prisoners were coming along Northumberland. street, New Road, and stuck a card, with their name' on it, on die door No. 3'2; the complainant went to pull it down, and was assaulted by the prisoners and knocked down; after which they caned him, and kicked him several times. They wercheld to bail. Dow-sriteer.—The Countess cf Derby has lose, withinthese• few days, a itilu.ible package of jew el-. lery, under the following circumstances :-IV.lierr,the. family are at their residence near Epsom, a boy is ornp!oyed to ride a pony, and bring le:ters, &c. to London daily. The letters which the bay 'was to bring to London were put into a drawer t! , :ed for lumber : nor was any particular caption given re specting them.. The boy brought the letters, &c. to London in a small basket, which he in general d‘li• vered to the Earl Of Derby'i'portur, at.. his house in Grosvenor-square. Upon the Connteis discovering. that the parcel containing the jewellery had not at rived as directed, an inquiry -took place, but no tin. inns could be learnt of it, the porter in London d flying having received such a parcel. Suspicion then fell upon the boy, who is only fourteen years cf age, who had absconded from the service a day or two afterwards ; he was in consequence inquired after, and found at his father's ; be underwent an exami nation before Mr. Rum, the Magistrate, when his leaving his employment was satisfactorily explained to have been in consequence of the coachman horse whipping him for ha.vmgrode the pony too hard, and. not taking care of it. There being no proot of the parcel having ever been in 4is poluession, he was not detained. CUR IC .1.1, =ELL MENU?. CAMBRIDGE. MAY tot WeAnesday, at a Correeratton of this Univeriety, a 13,•:.;,„ Wig voted to the Howie of Lords againet further colicei.ent.i - P.oniat: Catholics. A , the mire Congrrgrion as es rate v, „, r ,4 by the Vice Chancellor from the will of the Rev R •tiett fvr.. Whitt of 'sots College, bi q .eathios £lllo'.l Five pet Cent. as irk to ton Univertil, tor the promotion of Hebrew t.ezra.... Vitilne:day the fo'iuwing Gertlemen wi•re adatuthal to de. 11.1CUILOIr Or WIS. LAN. 'Fla. Rev. R. Dere, of .N.lagifalen Colter P 4. v. G L. It c.on„ of Trine:) , Rev. John Murton Coign', of Jesus College. MACULLORS Of AR rt. W;relm Anthony Fusl•vell, of Trinity COW. I I -11 r y inyl and H. Burnaby Gre..oe, Como. Men, CoNge. Mr. Henry Harding, of King's College, Is rukuitle.l fellow ut that Socie:y. OXFORD. MAT 17. _ The Rev. H W. Sibi harp, Fellow of Exeter College, h hod. toted to the valuaide Rectory of Washingboroushtutn kirk ton. near I.invilit, oft tla presentation of sir Win. fAe t b y. ipley, York‘itire, Hirt. Yesterday the lollov.ina Gentlemen went admitted to ermes It Ammon.* or ani s. Mr. Daniel littgbeg, of All Soulr College. Mr. Fel: Laurent, o: Sr. A.ban I lalL Mr. George Autu , tos Montgonte• 7, of *hi Collett. lk7r. John Lock, cf PemLroke College. Isits.ts. Henry Larkins .103 George Dryau Nom:, ce Colfrge. Mr. Charles Griffith, of Visgant CellLge. Mer•ri. JoLo ;.t.d Oliver C.:•:.., of Delitsl College, I'4 r. I leg!' Jones. to Jefue College. nortiLlit: and l'hotnas Metres, of Iltageono.e Messrs. Hubert Brodie and Robert Crawford 1.)!IIon, of St. Edmund Ha '1 he Hon. Francis 'Aims Not!, of Trinity College. ECCLESIA‘i I'ICAI, PROMOTIONS. Thunday se'nniekt, the. Rev. John Paul w ts •,relained and ad. witted Mi ii i i ter of itratfon, by tqe Prt•shyte y of Air. Mr. George WALtee was oreained Altninter of the Part hrl Durrisdeer, in the Presbytery 01 Propotit, Uhunfriom-sh... " ' The key. Frederick Win. DoWrap. U A. is . res:o Rectory of Clencliwartna,:siortolk. 'lke Duke of Kent his appointed th! Rev P ~ 4 1.42 g Rector of Bathwick, one of his Di.m::tic Chap. i.•. 1 The Rev. Chri.toflier Puke, to be a Mimi( Canon G: London. SWINDLING.—Duo jug the last fortnight se . ..er:l shopkeepers, in the vicinity of Finsbury N.quarc uaJ Shored , tcli, have been defrauded of eutisiierabk petty, by a min who is desctibed to be aes., .s a te middle aue, of veliershle appearance and insimia.ing address, by his ;0 , 414 fraudulent bills fur goods, and sending fictitious ostlers. A MicEn STAItVED ro DEATtr...=Friclay morning Mr. Omer. of N.. 33, ere.tt Castle-street, %turd. market, not having teen James :ezauder, aMU who lent d the back garret in his for several d y broke open the door of his To m and fowl! bun quite dead. The officers seatched the ph:c., and in a remote corner found bills, Ste. to the ainuom £GOO, whi..:ll Kilt all fall to a distant telaorin s: Edoiliurgh: The deceased was by trace a journey. gran carpenter, and had worked for Me.sra. Nic..ll and Ralph, in Wells -street, for nearly twenty yens.... About tv..elve years a!,:o they fined him a guinea tar being found stealing . the work:news' victuals !rum a cupboard appropriated to their use ; on that occasion he weohl have hung himself, but was rather unwii ling to rurchase a rope. Abiotit a year ago he trAt illscha rred for cummittiug sitni:ar depredations. He never had a ti:e it he was to pay ior it. but his bola. nes, as a carpenter enabled him to get plenty of shavings. His diet c7nsi ied principally of a two penny loaf per day, and a p;in of small ilcot, but since his discharge from Messrs. Nichols he had even dispensed w:th the latter. ife had at the h use of Mr. Omer fifteen years, during %cs he wore the sante suit of clothes. 1 - le was 111 11;;: practice of picking up pins in the s..reets, re old shoes, and would eat the most nauseous and dis gusting victuals, if he could purctile it cheap. or save money by it. From every circumstance of miserable life, those who were acquainted with biai, particularly his employers, are of opinion that he starved himself to death. Awrt.a. CALAMITY. -I'he following article is er• tracted from a Bath Paper of the 16th instant : Yesterday being Ascension Day, the parishes of ;it. Peter and Paul, and St. James, perambulattd in the forenoon their respective boundaries, agreeaoly to custom periodically observed, and wisely estaMishrl by our ancestors, as a means of preventing disputer and litigation. In the afternoon the mayor, attended by some Members of the Corpora:ion, ,f atal itettier rs inhabitants of the city, went on board a v. s>rl at IL.: bottom of the South Parade, accompanied t.y barge belonging to St. Jonte-.'s parisi:, and down the river, to the extent el the city twmi-- c‘i beyond Norfolk-ctescent. It was about a in past seven o'clock when the :.!,t)4:r and sitaie tat eat triends re-crossed the ft rt y iu s ,iety ; and t!re boa: returned fur another party ; twenty was the presr.- bed number, but heime the boatman could pow ue. secergl additia nal persons r , a,t on bound; and ; as it Wag feated, prove,} too heavy .4 eightage ! Want SOU'e pods ft (nu the shore, and where the river is p.trota• lady deep, the boat upset and engulphed the seh tt party in the water l The 1...ws of the &vaster like lightning through the city, and from ever!' qua affrighted ft ictiela and part nts were teen hurry.ag to the fatal spot— Several they to:;nd had saved weal, 'selves hy.swintming. a few by cliirglitg to the beset ~boat.. while tone of their unfettunate comp.:aim . Were frantically snatching at their iegs ; some acre resoled from weir impel:ding fate op,ra. rently lacless, h) the attending boars, and afterwards [restored by the Lumattity and skill of several teedpi cal gentlemen, who promptly attended on the occa si m ; but the following is the mournful list 01 51554 who ..ere not extricated till the vital spaik was st holly extinct George Hawkins. aged 4t', writing master and accomptant, et Oxford-row ; U. xg.-d 30, stone erasers, Orange•court ; (-Atones, aged iG, son of Mr. Vttleolt, one of It! City S6jeants at Mace ; Richard Chippett, aged lbs son of a journeyman carpenter, apprentice tt, Watkins in Cheap.strect ; a son (aged about IS) a Mr. Dyer, nias'er of the i'r[nce's head, brideaeh- I lane ; a son (aged 13) of Mr. Cuff, Keeper of tte City Prison. DI Lt). At Ludiow, on I is mad to on the 24 toot I'm Ite . likichArd 1 ty, Is. D. Rector of I,tlinbbattt, Lsucolo.htter and Cur.tte in is the couoty of Salop. At the letand of 1 tinh.lad, on the loth t.t February h•t, Pik!' mailer of tie Itoy.d To. k Eatig,rs. tte sumer! toe loss or Louisa, Lis 0,1,14 dtOttei , 0., ly a kw .:4)., viau.s4w victint to a West India chmate to tut 47 nu I.lJi.d. - LOAIJUN ; I'4 mod anti I...bi.m.cd by 1...Va1, Tenikkeliar.