Star. — London, England, 1817-03-18 00:00:00

TO THE MEMORY OF MR. HORNER. History will WO bet brightest, clearest torch, That future times may wan thi. chlrgetul aite ; And few there e wi:o•e f.tut i: will not a.:urcla, In lending lig:a to rea..: L.:: awful paged Freedom will mat k, with sadly aiiiious !Jolt, The crowds W.:, to nothing silently; Fur ftw are there tal whom her rye can brook To bend its beam of love and m jest) ! On thy fair fame that torch will print no streak, No dark blot, blaektiing 'mid the deptiss et time; BO Freedom's thoughts of love and grief shall seek The memory of thy day's tiro nick decline! LAW INTALLIGENCE. Si • U. HIGH COURT OF ills I ICIARY, EDINBURGH. Monday, the 10th instant, came on the trial of trillions Clark. pa per.mrker at Blackburn, county of Linlithgow, and John Clark, his soil, accused of ut tering, vending; and selling quantities of packing paper, having upon the covers or wrapners thereof forged and counterfeited stamps, resembling those ap- Potwed by the Contmitlioners of Exci,e to he used by their officers for (I:noting the Fa; meat of the du ties on paper. John Clark tailed to appear, and seu tenw of outlawry was pronounced against him. Mr Hoek:, as Council for the prisoner, stated an object.on in bar of trill. The prisoner had, conforms bly to the Act of 17u1, against wrongous imprison ment, upon the 21st of October last, taken out letters of intimation against the Lord Advocate, and had charged his Lordship to bring him to trial. Upon the 23d of December, an indictment was served upon him, but which was afterwards deputed from. Be fore the expiry of the sixty days, new criminal letters were executed againselitm, citing him to stand trial on the 24th of February. Some errors having been discovered in these letters, new ones were raised, and upon the 22d of February the prisoner was cited to stand trial this day. The Learned Counsel con tended that this was illegal, as the Act of Parliament txpressfy laid down, that alter the lapse of the sixty days, if the public prosecutor raised new criminal let ters, he behoved to follow out Mesons:, and bring the trial to a conclusion within forty days. Now here there were two sets of crimina l letters during the forty days, wh eh was contrary to the statute. The first criminal letters were those the prisoner ought to have been tried upon, and not the present; and far ther, Ike perjoi of one hundred days allowed to the public prosecutor were expired. He then read seve ral cases from Hume, in sty fort of his argument, and concluded with moving the Court to dismiss his client from the bar, in terms of the statute. The Souciron-Giaarttar. and Mr. Mstoonocult argued against the objection at s .me length. Mr. Monaav rose to reply for the prisoner, but be was told by the Lord Justice Clerk, that it was unnecessary. Alter delivering their opinions, their Lordships dismissed the prisoner amp/kite, from the bar, and found that lie never could again be brought to trial for the crimes traced in the indictment. Wednesday, March 12.—This day the Court pro- ceeded to the trial of Peter Urquhart and Julia Baxter ' residing in Dundee, indicted and accused of mobbing and riotously and tumultuously assembling and con vocating a snob in the burgh of Dundee, in the month of December, 1816. To this indictment the priso ners pleaded Not Guilty. Mr. [voice, as Counsel for the prisoners, stated in objection to the relevancy of the indictment, that the major proposition was too vague and indefinite, lumping together too many crimes, first, mobbing; ' second, assembling and cnnvncating a mob; third, assisting and abetting ; and fourth, ex-iring, insti gating, and encouraging such mob. The charges were so numerous and vague, that the prisoners were not put upon their guard which of them would be at-, tempted to be made out against them; nor was it libelled that the difirrent acts charged bad been com mitted wickedly and lelnniously. Mr. Mwconoclue, Counsel fur the Crown, con tended that the word mobbing is the generic term which makes out all the other crimes. The LOUD Juirrics CLtRK called the attention of the Learned Counsel to the objection, that the dil 'retest charges did not state that the acts were com mitted in the technical terms of “ aided!, and fr. kaiessly." Mr. Maconocate submitted, that. in the major proposition. the prisoners were charged •ith actuality assisting and abetting said mob, iu their riotous, tar multuous. and Mistiest: conduct. Mr. Dominion's, oa the same side, supported the argument of Mr. Maconochie. Mr. DICKSON, for the prisoners, replied. and sub mitted, that nothing had been stated by the Counsel far tit Crown which in the smallest degree could shake the objection. In the whole charges in thii in dictment there is nothing stated to make out the crime of mobbing—there is a charge of injuring the property of individuals, but no convocation for the purpose of wickedly and feloniously disturbing the public peace, which alone constitutes the crime of mobbing. Lord Gnus: delivered his opinion at length. He conceived that none of the objections were worthy of attention, except the one which had been adverted to by the Lord Justice Clerk. The indictment was cer tainly so far de6eient, as it did not state in the dif ferent charges that the attacks made upon the dif ferent shops were done wickedly and feloniously, and he would rather have wished that these words had I been there; yet the defect was supplied by the major proposition, which stated that the mob assembled in a riotous and tumultuous manner;" and in the conclusion of the indictment, where it is stated that the prisoners did “ assist and abet, or were active in the riotous, tuiisultuoui, Sad felonious proceedings committed by them." Lords PITMILLY and RIISTON were of same opinion. The LORD Justice Ctaaa concurred with the other Judges, and took occasiob to reprehend severely the steparture Irons ancient totals and language, and the introduction of a Modern style in the drawing up of indictments, which had bean recently observed in this Court. The form and stile . prwriouslyi n use h a d been approved of by their predecessors, and was still preferred by their Lordships.—lt was the departure bow this ancient practice that had occasioned the de le t ist the present case. which bad been noticed by all the Judges; and if any similar innovation should in future bb made, the Court would tenably reject the indictment, not so much on the ground of irrele •ancy, as because it was done in too slovenly a man ner to yo before a Jury. The indictment was then found relevant., and the trial fixed to proceed on Wednesday, the 19th inst. r LINCOLN. At these Assizes, in an action, Wnwst r o. Jzssor, the plaintiff, an apothecary of Bottesford, sought to recover from the defendant, a bachelor of opulence, residing near Lincoln, £787. 18s. for medicine and attendance, during 25 years. By statement of plain tiff's Counsel, it appeared that the defendant was of a hypochondriacal turn, and had taken pills for a great number of years; he used to have from 600 to 2000 pills sent to him at a time ; and in one year he took 51,000 ! being at the rate of 150 a day. There were also thousands of bottles of mixture. From the ravenous propensity of the patient for physic, it was deemed necessary to call in two physicians, who, in quiring of defendant what was the course of medi cine and nourishment he pursued through the day, airsweieJ as follows :—At half past two o'clock is the morning, I take two spoonfuls and a halt of ja. lip, and then a quantity of electoary ; then 1 sleep till seven, and repeat the dose of both jalap and elec. tuary ; at nine o'clock I take fourteen pills of No. 9, and eleven pills 'of No. 10, to whet my appetite for breakfast ; at breakfast 1 eat a basin of milk ; at 11, I have an acid and alkali mixture; afterwardsl have a bolus; and at nine at night I have an 'anodyne mixture. and go to sleep. After some progress had been m.tde in the evidence, a compromise took place, the plaintiff accepting a verdict for £4511. At the same Assizes, William Araifft, and Ana, his wile, were tried for a burglary. The evidence was clear, but Nelsen declared he did it through the per suasion of his wife, which she acknowledged, decla. ring—l' I am the wretch that have been the cause of his committing the robbery ; I have been the princi pal actor ; and if I only could be hanged, I email be satisfied." The Judge observed; that, in poi at of law, Ann Nubert could not be convicted of this crime, far. as she ';acted with her husband, the law regarded ber as acting under his coercion. '8 Yon and I, whe are married men. Gentlemen, (said his Lordship to the Jury) know that this presumption of the law is often wrong, and that the husband is too often coerced by the wife (a lasish ), so, however, it is, that if the two commit a robbery together, the hus band only is answerable, although the wife may have instigated him to the deed, as. whilst she is with him, lie is always considered to coerce her. I believe I have made myself intelligible, though perhaps my infor mation may not be very itatataile—it is not our busi ness to inquire why the law is so, but•it is our emir to act as it requires, and, therefore, Gentlemen, you must acquit the female prisoner." The Jury, accor dingly, Acquitted the wile, and found William Nu bert Guilty. BEDFORDSHIRE. NDANCE AT DIVINE WORSHIP. NON•A' THE axe. s. D. TREE V. ant AIONTAGUR E. BURGOYNE. Thu' was an action of a very novel as well as of a very extraordinary description, and excited a consi derable degree of interest throughout the County. Dr. Free, who is Rector of Sutton, appeared in Court, dressed in his canonical:, and was prepared to take part in the conduct of his own cause. The Coon throughout was crowded almost to suffocation. The Jury, which was common, having been sworn, Dr. Fre* addressed the Learned Judge on thi Bench. He observed, that he bad been driven into Court on die present occasion, in consequence of a motion mad* by the Learned Counsel on the other side for judgment, from his not having proceeded to trial at the last Assizes. It was nut his intention to have taken any further steps in this business, because he had observed with satisfaction that Sir Montague had begun to return to reason, by coming to church on the 7th of April last. The steps taken by the le-' gal advisers of the defendant, however, had compel led hint to come forward; and in doing so, he felt he was vindicating the cause, not alone of his brother Clergymen, who had been too frequently maligned. but that of the Church of England itself. He trusted the example which would be made of the de fendant would operate as a warning to others, and prevent that inexcusable inattention to divine worship, which, when occurring with a person of inflience in the County, bad the worst effects upon the habits and manners of the lower orders of -society. Mr. Itaralson said it became his duty to detail to the Court and Jury the particulars of this case. The, plaintiff was Rector of the Parish of Sutton, and the defendant was Lord of the Manor in which the said parish was situated. The action was brought to recover penalties under the statute of Elizabeth, for nonatteadance at divine worship at the parish church, thereby, and is coasequenh of his emo te, spreading contagion around the county in w hi c h resided. It was his wish to abstain altogether from a statement of the circumstances under which this action had been brought; he ahould, tbetefore, confine himself to the simple observation, that the plaintiff, in coming forward as the accuser of the defendant, was.solely actuated by a-deeite to enforce the laws for the observance of refigioneworship.— The statute under which this action was brought was the 23d of Elisabeth, by the fifth section of which it was enacted, that every person in England absent ing themselves from divine worship, either at their own parish church, or some other place appointed for public prayer, for one month, forfeited a penalty of seit). This penalty was equally nivided into three parts, one of which went to the Queen, another to the poor of the parish, and the thud to the informer. He should be stabled to prove in this case, that the difendant had absented himself from his parish church for nineteen months; and having dune so, he should be entitled to a verdict for the full amount of the penalties, or at all events for twelve months, which was the period within which the statute re go/red the action to be brought. Witnesses were then called to prove the case. Mr. Serjeant Btoseor now addressed the Juq on the part of the defendant. He said, that hoWever unwilling he might be to trespass on the Court by any very extended observations on this case, yet he could not help remarking, that the *simian made by Dr. Free, that be had stood forward as the champion of the Church of England and of the Clergy, was not borne Out by the facts. When a Reverend Gen tleman came forward into*. a Court of Justice in his canonicals, and in the character of en informer. to @tippet a tai sass action upon a statute which, al tboogh notepad*, had been in disuse for upwards of one hundred and fifty years, he rather appre hended he would not be hailed by those whoseinte rests be professed to represent, as a person likely to reflect much credit upon their sacred character. That such conduct was consistent with the true spirit of the Christian religion, he believed no man of I , beral 11,el• ings frould allow. With regard to 6e St.ou , e on which this action was brought, he was willing to admit that it remained unrepealed; but, at the same time it was prosier to remark, that it or7ginated in causes of a political nature, and was by no means applicable to times like the present. Ile operations were meant only to apply to Roman Catholics and Dissenters, at a period when the Church of England' might be considered as in danger. The principles of toleration which had since been disseminated, how ever, and the firm foundation upon which the Church of England had been established, were such, that net man possessing the slightest claims to liberality would venture to put the construction upon the Statute which it had received from the Reverend plaintiff in this case, without entering on the construction of the Statute ; however, he thought he should be enabled to meet the plaintiff in the most conclusive manner. —For, in the first instance, he should be enabled to prove, that for several months of tlizt period, during which the servant of the Rev. Plaintiff had so posi tively sworn that he had regularly attended Sutton Church, no Divine Service had be, n performed in the church at all. lie meant the mouths of June, July, August, and Ist of September, during which Months the Plaintiff had so shamefully neglected .his deities, that he had received a monition from the Bishop of the Diocese. He ahould also prove, that atotber periods, the Rev. Plaintiff was so inattentive to the performance of the religious service of his church, that his parishioners were constantly in a state of uncertainty as to the hour at which service was to commence, or whether it would be performed at all. Inapendent of thile, it was no very pleasant thing for the Defendant, when he did go to church, to hear a sermon delivered, which, instead of inced eating Divine truths, was made the vehicle of per sonal abuse to himself. With these facts before them, the Jury would be able to form a pretty correct judg ment of the motives of this action. The next ground on which he rested with confidence on the goodness otitis own cause, he derived from the st mete of Eli. zabeth itself, for by the statuie of the Ist of Eliza beth; which was embraced by the 23.1, it was.en,:ct ecl, tliat where the Defendant in a givi tear action, such as that now before the Court, could assign a reasonable excuse for absenting himself from public worship, and should afterwaetis conform to his reli gious duties, the action should be quashed ; on this Dead of defence he should be enabled to prove, that Sir M. Burgoyne, who was a General in the British service, had returned from Gibraltar, in thl4. in a ales' precarious state of health, and had cootinued thus Milicted down to the presort day, a circumstance *hich he hoped, in addition to the uncertainty of the perfOrmance re church service at Sutton, would be considered a sufficient excuse for his non-attendance.' With regard to his sentiments on the subject of reli. gion, those would be best proved by the evidence he would ad Luce, of its being his invariable practice to read the church prayers to his family every Sunday when capable from the state of his health so to do, and if unable himself to perform that duty, to call upon Lady Burgoyne to read for him. He should ' also prove, that prayers were frequently read in his house by the Rev. Dr. Hughes, in his occasional visits to his family. There was another ground on which he was still more deciJedly entitled to a ver dict. This was to be found in the statute of the first Ames 11. c. 4, whereby it was enacted, that any person offending against the statute of ElizaLeth by a non-attendance of Divine worship, became clone. rated horn all consequences,, by conforming to the rules of his chinch, before judgment was obtain e d, and declaring him se lf publicly to be a faithful son of the church of England. This Sir Montague Burgoyne had done in the presence of the Bishop of the Diocese himself, and was there ready again to declare openly in Court, his high veneration for, and accordance in, all the principles of the Christian religion. Evidence was then called to support the Defeo dam's case. Lawrence Cosall, churchwarden of the p Irish of Sutton, proved, that Button church bad been shut up from the 25th of June to the 3J or September. Thomas Brown, the other churchwarden, corrobo rated the te►timony of the. last witness, and proved, that the church had been further shut, from the 15th of• December to the sth of November, no service having been performed. Dr. M , Grath, a medical gentleman, proved the precarious state of Sir Montague Burgoyne's health, from his return from Gibraltar to the present mo ment, and the danger of his going to church at par. ticulu stages of his disorder. Lucy Carrington, nurse in Sir M';ntague's family, bore testimony to her 'nester or mittress invariably reading prayers to the family, on the Sunday when they did not go to church. The Rev.- Dr. Hughes occasion,illy visited Sir Montagne's family fur weeks together, and always read prayers to the family when they did not go to church. I Mr. Baron GRAHAM being of opinion that a Tea onable excuse for the mm-artei.d - rnce of tl,e Des fn. dant at his parish church had been proved, Itt. Sir jeant BLOUOP did not call any more witnesses. Mr. Jamesson having shortly replied. Mr. Baron GRAHAM summeJ up the evidence.— His Lordship abstained fr , ln makin.: any remark upon the motive by which the plaintiff had been ac tuated in this action, but at the sante time remarked, that no liberal Ond could have constrved the salute of Elizabeth jute manner in which it h a d b een con strued by hifh. e lift it for the Jury to say, whe ther a reasonable excuse had not been proved for the nonvattendaticx of the Pefendant at church, and whe ther in other respects, tffe ase of the Plaintiff had not received a complete answer. The Jury, without .hesitatiOn, found the Wen dant—Not Guilty. There is, at this time, a farni of upwards of 600 acres, in the neighbourhood of Shiffnall, Salop, aban doned and untenanted by the proprietor, on account of the excessive charge of the Poor Rates. No per : , son I,as )et been found who will take it, subject CO the payment ot the lout Rates alone: POIIOE4 Henry armories. the young mxo who wall hended on Friday by Nicholls, the Bow•street stable, on a charge of being concerned in the Spencean system, but was not detained, ai again yesterday before Sir N. CONANT, and went another interrogation, after which he was lowed to go at large. MARLB2ROUOR STRer.--Yesterday James was fully committed for trial, for stealing hay the wharf of Mr. Ball, at Paddington. 'Fhis cution was commenced in consequence of tie . and extensive depredations lately carried on in neighbourhood of Paddington. WORAMP-STRBET.—.Mr. WilkißSOß, an attorney, Wellington House, Hackney.road, gave inform-it of his back premises being broken into. Mr. Wi/ son said, he had been alarmed several times lately persons breaking into his place ; but keepiog a in the yard it always frustrated their attempts : his going nun the yard, yesterday morning, he his dog had been poisoned, and a large tark‘ and eight fowls stolen. He had recently been goineas for the dog. Friday night the house of Mr. Pitter, oo Pad, ton-green, VIAs robbed of property to a 1 age a r Fri' ayevening th- Duke of Clarence pablic in Church-row, St. Pancras, was robbed of pt to a great amount, whilst the family were busy irg their customers below. The same night the h;apse of a widow, o baker, Whirecross.stres t, was robbed of .1150, tmtes, Mr. Smart, the High Constable for Di sion, had his pocket picked, the same es•eaiag, Gray's Inn-lase. Wednesday evening Mr. Nich;ls, maker. of Somer's Town, was hustled in H,46.1rn three men and a woman, asid robbed of his wateh, Monday se'nnight Jolla Causo, Esq. 10.44 innately thrown from hk horse, about ten miles ;r-on Leek, and has broken his thigh. Two prisoners confined in Bristol Blidewell,naml Richard:ex and Turner, contrived. on Saturday rie t last, to get possession of the keys of the apartmert ia which the keeper, Mrs Evans, was sitting, and kasing lecked him in. they effected their escape. It is a curious fief, that in the neiglibnnrhcod of Mill lane , Toolopstreet, in a line of forty hoticer Mere are no less than i r n publi c •h ouses , nearly all the property of brewers. It appears by a reaper laid before Parliament, notices were served on the Collectors of Excise in I. lard for discontinuing the following uixable art , ci during the year ended the sth of January last, mitre! , 5568 he.irths, 21,0(4 windows, 392 lour-wheeled c, ;la L;es, 694 servants, and 1785 horses. It further pears that the following rotices of discontinuance ht het n serv. d for the year ending the sth of lintti, 1818: 4567 hearths, 21,357 windows, 277 4.wheet, carriages, 1218 two•wheeled carriages, 576 set-car and 1215 horses. Yesterday a your man dropped dorPm, app al in a dying state, in Black-horse-lhey, Fleet -street He was carried to the work-house, and medical sistance procured ; when it appeared that his ci phint was starvation, and bread proved to be thy cess try medicine. A MIRACULOUS ESCAPE rival Ditow:mc.--Wt.d nesday three children belonging to Mr. Carr, of Ss mer's Town, were playing in a garden, at the of Madame Cimbelloni's boarding-school, in Chu don square, when one of them, an Want, fell out the aims of the eldest child, into a pond of wat. seven feet deep, and she, as %evil as the this Li child, u endeavouring to rescue it, also fed in. The azcident most providentially, was witnessed by lae!.?tiv Cir belloni, who was looking out from a window at t time; she instantly gave the alarm, and rail to spot herself, where she found the infant floating the water, to all appearance dead ; and the otts bedies sunk beneath the surface. However, by th assistance of poles, she got them out, apparently less ; tut, by means of hot water, and the other prr. cesses indicated by the Humane Society, she succee ded in bringing the two eldest children to life; ne s more wonderful, on :'pp lying her efforts to the infan., which was considered ny the by-statiders as lost be. yond a:l hopes of tccovery, she finally restored it o life also : an astonishing proof of the efficacy to be derived from efforts, jodscionsly applied I And we trust, that Madame Cimbelloni, in addition to the pleasure she must naturally feel, in having rescued three human beings from death, will experience the farther satisfaction of being honoured by the FA- Mane Society with a testimony of its sense of he' be nevolent exertions. In the village of Bannockburn there is at present living a man, who, ha the year 1745, buried his first wife. Three or four months ago, his great grand child was married, and what is most remarkatle, le walked last summer from Bannockburn to Edinlittrr!!, a distance of 33 miles, in one day. He is IC6 y:mn old, s tout and healthy, and I•raks Ulrward %%AI plea•nre to another Eciriburgh jaunt when the wcat:Ler is more s...ttled. • • MARICFD. Sigur,lay, at Paddington, 2.1 r. Grotge Hastings Heppe. 0 1 Tokio., Burk•, to Louin, eldest dauz,l;ter of Mr. John L;ortet of Tuf:on-street, Westmeroter. l'atian!ay or'unight, Wm. 1 h;:rtill, Erg. of lakeeham, , o Ah-xlldtr, (husker of the lat. /Velar Alcsanacr, of Caittr'r• r.ai V..rnsuuth. DIED. Eudf!er.ly, at RccbeAtrr, Captain Wm. Is +o, of :It I k..r,imen• ct Fo , r. 'vr Buff.), Itaviiig a ciitconsolato w.div And thee- c!:thfron to la , •t!•! his hiss, On Saturday, he I:i•ft i• sta•.t, at Chelefirl.l : in bent, the Re.' Prt• r Co , ron, D.D. Tate i ell , ntr of All Sofas, l'crtsttade.ry it Peterborotlh, a^..l Rector of Sr. Dunstan's in tile Eas4 Yesterday morning, Mary Ann, young.sat daughter of Jr' Golding., Esc. of Glances:et-place, New Kum!, Mary-lash. aged eicarly hire years. PRICE OF s I UClis VEs I Ettltsk Y. Bank Stock, dm Le:4 inns. shut 3 per CL Reduced shut / , ..iia Stock spec Ct. Cons. 69tit Indta Bonds 35 33 pr 4 per Cent. shut Ev.:s. Bills 11 pr. 3 per .. ..:ent. Navy 99j I Consols for Ac. CO; t:/) Imp. 3 per cent. -- Lottery tickets Lib 094. CO.ll, MARIE P, MARCH t 7. Ships at Malta.. Shipe sold. Pvecc.. 7st Newcastle 22 Ms. OE zu 4.rs. CI. 71 %Tylerland 6 n.c 0 • Sq. WAYEK MUKALIei 1.01041X1r. incli Asti Homing . ..u. 4iter 3 .I:trrnnon 19 • •-• 3 I.ON.JON: by LIVIA. XIINT, kublasbed tkare,aud at the 3s-r•UBKe, l .mplt:akt. hn wall iw•street c In promo: fined. attei, and und, it he Was lona Wilk ing hay hr. this pr of the seric ied on in ft attorney, e informit, Mr. WiJk,, rites Idtely teepiug a d tteropts : ing, he Mon e turkeynoe I been bid I on Padding. trge amount. pAlic houi., I of property re busy WM V, i baker, ill V. times, &:. 14 , :torn creai ag , is t, that of in 1-e. t" Irt , df..s t :,` t; eros , ly, 44 ett CC'. ler , p. t. e hve - I ", of:try, , hetied rears, IF te, t7enCy r .teet.— 5,,.., :31 2. Iv CC fee M be or bt " •Wt.d• to of $!. th' e bad :, :Imo. em )ut of I po. Inlet, "Ci likl. it l i ' f `; !Went, 1 . Ow, to it the to the • I. Ga l ~,t. l e 1" n i „ : ott , e: I,Cfl I tl-e , ter Y L! ' the 1 r Pr' • r io JCCet- l' an be nfien., • ou t be• i it ti , ! to b: sal sti we u o i ot: d , e 1 : c e e tne ; 1 ! El J- ti; of be- r wog I I first ;rand le, le I Llrri% y:!.tti , v :41 i the N 1 1 -- . ICI, ot urte, t I 1. 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