Star. — London, England, 1822-01-17 00:00:00

IRELAND. FROM wit DUBLIN JOURNAL. OF MONDAY. smne nights ago, the houses of two farmers, near s. ire visited, and sworn by the banditti to ,:Ice their leases, under pain of death. A nu •u, party cot do n three acres of orchard at Bal loony, the estate of GODFREY MasszY, Esq. in the tarty of Limerick. The trees were planted nearly years ago. wednesday night, the Rev. JAMES BOND Low lost 5 lif t i. , the neighbourhood of Mallow, County if k, h} a fatal mistake. The following are the par lors of this melancholy event, as far as yet known : It seeti.s that a party of military from the town of Moo - , a ccompanied by the Rev. Mr.CII ESTER, and :her l aity from Cork, attended by Mr. JAMES 7alurv, Esq. and Mr. Low, met in ci, cumstanees at prevented their recognizing each other, when the allow party fired. by which Mr. Low was killed, 1.1 his servant mortally wounded. On the morning of the 7th, Captain BRANARD, ac npanied by his two brothers, Lieutenant KING. IN, and a party of his corps, stationed themselves i A spot commanding the four roads which meet at wstown. About four o'clock, a numerous mounted IN of the banditti advanced to the station, with a In in frent on foot, who soon gave the alarm, when whole party fled in confusion. Captain BERNARD ~-red the Yeoman' y *to fire; and on advancing, he or ,J one horse, three saddles, a great coat pierced ith four balls, and a hat, belonging to the fugitives. le mail in front of this body was seized ; and it ap ars from informations since received, that four of ,;e:,c marauders were wounded, and two of them re since died. Two days after this affair Captain BERNARD, ae mpanied by his two brothers, went to Castletown search of the wounded men, and, while there, he :e ;ved information that six men, well armed, were the rugged road leading to Macroom. These being armed with double-barrelled pieces, ...tatly mounted their horses, and gallopped off in ,-suit. They overtook two of the six about two from Castletown, the other four being a short ~Lance in front. Lieut. A. Beautsit called upon 1..m1 to surrender several times, when one of them. %.1 0 ped a pistol in his face. Captain BISAMMiII also :appc.l one of the barrels of his musket, but, having ;our se to the other, he fired and wounded the fellow .1 the neck, who was running to join the four meti . the hill, when Captain BERNARD shot him dead. he other man, attempting to escape through a bog. as tired at by Lieutenant A. BEAMISH and Mr. :RNA RD, and it appeared that be was wounded.— aptain BARNARD, with a party of Yeomanry, re .rneJ at night for the corpse of the man, and in the ckets of the deceased were found a quantity of 1s of various sizes, a powder horn, with powder, and a number of flints; his pistol, heavily loaded, was taken from under his body, where he fell. A flrlsome razor case of red Morocco leather, a pocket book, with a £lO and other Bank -notes, with a small Dictionary, were also found on his. person. COUNTY OF TIPPERARY. Wednesday evening, between four and five o'clock, r Mr. William Burke, of Ardfinane, late High Cor,- st.►ble of the Barony if Lila ani Offi %Vest, Wai on his retufn home from Clonmel, he perceived a party of men to all appearance conducting a prisoner. On, coming up to them, some of them said, " Let us give him up to a Magistrate," others, " No, here's Mr. Burke, we'll give him up to him." They then in. ITtned Mr. Burke they had taken a sheep-stealer, who replied, that they might take him up and lodge him in the guard-room at his (Mr. Burke's) house, till he should be committed to jail. On this ehey rushed fast Mr. Burke, to the number of about a dozen, and tot into his house before him ; when one of them (the supposed prisoner), coming to the door, presented his blunderbus (heretofore concealed) at Burke, and, with o►,e or two more, effectually kept him out. All the doors in the village were instantly shut on the ap pearance of this party, who now chewed their arms and their inte►:tion, and Burke ran about to gain as sistance, but got none; in the meantime, the party possessed themselves of five carbines belonging to the S,►ecial Constables, who do nightly duty there, one double-barrelled fowling-piece, a case of pistols two swords, and about 18 or 20 rounds of ball• cartridges,' with a mould for casting bullets. They also de manded tithe decrees belonging to the parish of Ned dins—but not getting them, after rummaging the house for them and for ammunition, they went away . COUNTY OF KERRY. A man of the name of FALVEY, who was employed in serving tithe processes in the neighbourhood of Killorglan, was most cruelly beaten a few days since by some brutal wretches, who afterwards nearly strangled him. The house of Mr. T. LEYNE, tithe proctor, of Aghabog, was attacked on Friday night, by a ban• ditti, who deprived him of some arms, and searched fcr his tithe-books. He was severely beaten. COUNTY OF CAVAN. We have heard, but can scarcely affurd credit to the statement, that two hundred arid ten processes rave been entered at the present Sessions, for tithes iae last harvest, out of one parish in this county !! ! h many cases the crop, the tithe of which is s , ) de manded, was not taken off the ground, and a large por tion of it washed away by the floods.—Catuni COUNTY OF CORK. fr Tuesday night, an attack was made by an armed banditti on the house of the Rev. Mr. KittenuoFFErt, I rear Nlacroom. A fellow named Pairisk Lca):7 ; from Duhallow, first went to Mr. KIRCHHOFFEIea 11011,0 alone, about one o'clock in the morning, and de manded the arms, which were of course refused. In :.: , out four or five hours after, this fellow returned, at hid of the party, and commenced the attack by firing some shots, which were quickly returnea from within, when the fellows decamped, leaving six horses behind them. Early in the morning, information of this occurrence having reached ROBERT HODGE. EYRE, Esq. he, aided by a few Gentlemen and a small party of Cavalry, immediately proceeded and commenced an active and vigilant search, and were fortunate enough to discover the leader, Patrick Leary, who was concealed under a bed. The fellow has been fully identified by Mrs. Ktacnnovirga, and has acknowledged his guilt. Four others, supposed to be engaged in this nefarious proceeding, have also been detected by Mr. R. H. EYRE and his party, and lodged in Macroom Bridewell ; but a strong party of Cavalry left this city yesterday, for the purpose of conveying them to the County Jail. Friday night a number of marauders, mounted on about eight horses, with two men on each, ap peared in the neighbourhood of Inchegelagh, and robbed the Rev. Mr. AICKEN, of one gun; Captain EVATT, of two ; and Mr. RICHARD BROWN and Mr. J. Bitowtr, of a gun each. They also fired some shots in defiance, and swore several people of the place. It is with the sincerest regret we have also to an nounce the continued attacks of these miscreant m:- tauders, upon the houses of the peaceable and loyal inhabitants of the neighbourhood of Liscarrol. On the night of Friday, the 4th inst. the house of Sir ROBERT LANGRISHE'S steward, at Sunfort, in the vicinity of two military posts, was forcibly entered by a large party of ruffians, who flogged the unfor. tunate inhabitant in the most inhuman manner, with something resembling a stick, but so pliable as to en twine round tke body of the wretched sufferer ! , Even this mode of punishment, however, was not considered sufficient by those savages ! as they after svarcls cut and bruised his head and hands with their guns, most barbarously, and then swore him to leave the place within four days, or they would call again and shoot 11:m. A letter from Mill -street, d tted January 8, says— " It is useless to deny any longer the outrages which are nightly taking place in this neighbourhood. You cannot form an idea of this part of the country. We have seven Magistrates, and I declare to GOD not one of them, except Captain WALtts, took a single step to check the progress of the unfortunate and deluded people. One Magistrate has made off with his family to Waterford ; another has sent five stand of arms to Captain WALLIS, and made off with his family to Cork, and the other four Magistrates have'nt a kick in them. Some time ago a little boy would have been sent to Bridevrell for cutting a sally switch ; but now not a Magistrate, except Captain WALLIS, will spew his face. There have been upwards of fifty persons, Gentlemen and occupici s of land, taken from their beds and sworn, the ti: st to take, and the latter to give but one-third of their rents. There was also a notice pasted on the Chapel doors last Sunday, directing, on pain of death, that no man should take any kind of grain to Co' k, or out of the country—no order of law to be served, or tithes or taxes paid. Yet there was not an individual dare to t. uch it; the Rev. Mr. FITZPATRICK took down one before, but from the manner in which he has been threatened, he will interfere no more."—Dublin Journal. Duals.—A duel was fought on Saturday, at three ! o'clock in the afternoon, between Mr. O'MEARA, on the half-pay establishment, attended by Mr. CROOKS, also of the half-pay, and Mr. M•LoucifuN, of the Treasury, attended by Mr. BAYLEY. On the second fire both shots took effect. Mr. O'MEana was struck on the side, .but the rib bone offered sufficient resist ance to prevent it from entering the body. The wound is severe, however. Mr. MiLounantN was less fortu nate. The ball of his antagonist entered a little below the hip bone, and has not been extracted. We state, with much regret, that' the wound is considered dan gerous. He is attended by the Surgeon-General and Surgeon KERIN. Mr. O'MEARA is attended by Sur geon Itomey. It is a lamentable circumstance that this is the third duel fought during the last week, arising from the same original cause of quarrel.— The first was on Tuesday, in the Phoenix Park, be tween the same principals. Alter exchanging shots, at fifteen paces distance, the parties and their ft iends quitted the ground without any adjustment having taken place. At the moment of quitting the ground some altercation (which at this moment we do not wish more particularly to allude to) arose, which produced a meeting on Thursday afternoon, in a field adjoining Lord CH A RL EMO24 T'S demesne, between Mr. O'Maasta and Mr. CLARKE, also on half-pay, who acted as the second of Mr. M , LoucuntN in the former case, when, on a discharge of shots at ten paces, Mr. O'MEattA firing in the air, the affair was amicably adjusted. The third duel was fought on the same spot, between the original principals, with the un fortunate result already stated. They stood at the distance of twelve paces. The same Gentleman was second to Mr. o',Nleatta in the three duels.—Duldin Morning Post. Dn CRY•LA NE TnEATRE.—The new Drama of The Pirate was repeated last night. The repetition calls for no further criticism, as the merits of the Piece stand upon nearly the same ground ; and, consider ing the circumstances under which it has been pro duced, they are brno means inconsiderable. COOPER and Mrs. W. Wear display great talent in their re spective characters. When Mr. COOPER announced the Play for tomorrow evening, some few murmurs were heard, but they were soon silenced by the ma jority of the au.:ienee declaring loudly in favour of a repetition. COVENT-GARDEN.—Miss Tax?, who has again been suffering under indispositionoetu; ned to her pal t of Julia last night, and invigorated the Play by her enchanting tones and acting. In her bravura, with the flute accompaniment, she seemed herself to revel iu the delight with which the audience were in spired, and we never recollect hearing her give it with more perfect triumph. The Muse was very much crowded, and the performa , ,ce went oT with great effect. SPORTING INTELLIGENCE. HUNTING. • The Holywell Hounds meet on Saturday. at GeRI FoWler. The Chester Hurlers, to-morrow, at Caugbell-bridge. Sir It. Puuttrou's Hounds, on Saturday, at Oteley Perk. Mr. OSIALDIBTOI6 Hounds, to-morrow, at Soberton Down. Friday nuttnint, at half-past ten, his MAJIIMIT'S Stag Hounds turned out a line deer for the day's diversion at Salt Hill. ,At first setting off the deer took to the left, towards the Thames, but was soon turned. The deer ran with great swiftness through the Melanin., towards the Park, taking to the left, across the country by Buistrode Park. The deer was taken to the right of High Wycomb e after an excellent run of some hours. Many sportsmen attended a few miles at first, but few attended all through the chase, as the ground was very wet. A FULL DAY'S PLAY AT PIGEON-SHOOTING. Four great Matches were decided yesterday in the Frawley Meadows, seven mites from Colebrook, and which produced some of the best shooting during the pigeon season. • The First Match was for One Hundred Guineas a-aide, at twenty-one birds, at twenty-one yards from the trap, between! Mr. &sasses, the celebrated shot, front Coleshill, Warwick. : shire, and Mr. Manus, of equal celebrity. The Match was won by the former killing eighteen birds from his number, after miss ing his first, tenth, and twelfth. Mr. Haunts missed his fifth, sixth, seventeenth, and nineteenth, losing the Match by a bud. A Subscription Match of Ten Guineas each, eight subscribers' on each side, at eleven birds. Bucks and Herts made the Match with three picked men a-side from all England, thus distin guished •. The following is the result : Daces. Hears. Mr. Orde. ..... Mr. Jeffery .. 9 • Mr. •Mr. Jupp 9 • Mr. Faverill II • Mr. Featherstone-- ...... 9 Mr. Coleridge - 'lB Mr. Farnborough 8 • Mr. Fitzhugh.............. • •Mr. Claridge. 8 Mr. Henderson... ? Mr. Stontbewer... ...... 8 Mr. Fawcett ...... 7 Mr. Harrison 6 Mr. Fothergill.... ....... • Mr. Lamb.. —64 —hertz was backed at five to tour at the commencement, and Bucks at six to four after the two first shots. It became even in the sixth shot, hut Hens for choice. The Third kfacch was between Messrs. NAII3, Brim/can- ROUGH, and I.rr.s, against Kamp, FORDHAM, and Ross, at three birds each. The former killed eight of their birds, and the !at tar seven. The last was a Match between Messrs. BRAIN/RN and Sam, nr Twenty Guineas, at . five birds each. Bauzauast won, by killing four to his antagonist's three. The order adopted by the House of Commons last Session, requiring the Estimates for the service of the year to be laid upon the table within fourteen days after the meeting of Parliament, will be found par ticularly advantageous in the ensuing Session. It is very desirable that the Members should be apprised as early as possible of the extent to which the Mi nisters propose to carry their intended reductions.— Upon this point will depend, in a great measure, the future conduct of the independent Members during the remainder of the 'Session. They will have an early opportunity not only of proving the sincerity of the promiies held out to the country by the Ministers of the Crown, but they will also be enabled to see, nearly at one view, the total amount of the supplies required by the Government, and to compare it with the ways and means which, to their own knowledge, the country may be fairly able to afford. This comparative view of the capa bility of the nation with the demands of the Ministers ought never to be absent from the mind of the Mem bers of the House of Commons. The necessities of the People ought to be considered as of more im- I portance than the wants of the Ministers, and the amount of the expenditure ought never to be finally I determined without a direct and immediate reference to the means of defraying it. BOLIVAR.—On the Ist of October General BOLI VAR, who has distinguished himself so much in the South American Revolution, was called upon to take the oath as President of Columbia; when he desired to be excused, but was, at length, induced to accept the office. On taking the oath he delivered an ener getic speech, of which follows a curious sample:— " I am the son of war, the man whom battles'have raised to the magistracy. Fortune has sustained me in this rank, and victory has confirmed it. But these titles are not those which are consecrated by justice, by the welfare and wishes of the nation. The sword which has governed Columbia is not the balance of Astrea—it is the scourge of the Genius of Evil, which sometimes Heaven permits to descend to the earth for the punishment of tyrants and the admonition of the people. This sword will be of no use on the day of peace; and that shall be the last of my power, be cause that I have sworn it within myself—because I have promised it to Columbia—and because there can be no Republic when the people are not secure in the exercise of their own powers. A man like me is a dangerous citizen in a popular Government—is a di rect menace to the national sovereignty. I wish to become a citizen, in order to be free ; and that all may be so too, I prefer the title of Citizen to that of Liberator, because this emanates from war—that from the laws. Exchange, Sir, all my honours for that of a good citizen.' The Paris Papers have often a fling at English customs, and their imitation by Frenchmen. Lately they told a story of a young Gentleman taken sud denly ill in company, about whom the party ran to loosen his cravat. " That won't do (said one of his friends), he must be unlaced."—" How, unlaced ?" " Yes, he has been to London, and wears stays !" He was accordingly relieved ; and the Edi:or ob serves, that France formerly gave the fashions to all .Europe; but now London sets the mode for corsets, starched neckcloths, white gloves, and instruments to clean the nails. Surely, he adds, these English are not so grave and wise as heretofore. ANECDOTE OF THE KING.—A poor man named GRANT, living on the estates of the Hon.W. MAUL; in the neighbourhood of Montrose, and 108 years old, presented a Memorial to the KING, through Sir B. BLOOMFIELD, lately, in which he stated his ex- I treme distress and old age to his MAJESTY. Amongst other arguments for Royal bounty, he informed his MAJESTY, that if he was not the oldest of his MA JESTY'S loyal subjects, he was at all events the oldest of his MAJESTY'S enemies, for that he was present in 1746, at the battle of Culloden Muir, in which he had taken the side of CHARLES STEWART. His MA• JesTY, with that distinguisheJ benevolence which has always marked his character, has ordered one guinea: a week to be paid to the old man - dtiting his life, and the same sum to be continued to his daughter, wt o now takes charge of him, and is upwards of 70 years of age, should she survive her father. There is now living in Elgin, a woman upwards of , ninety years of age, wife to a shoemaker, enet all known by the name of Cushney Gordon, wh g o has oney new tooth perfectly formed, and another at pre s ent i / pforating the goal. LAW INTELLIGENCE. COURT OF ICTNG% BENCH,.JANUA.ny RIFRARDSON V. SIR R. susaye AND ANOTHER. This was an action for an assault and false imprir sontnent, brought against the defendant, as Sberiff oY Essex, and one of his officers, named Sackett, foe having illegally arrested and detained the plaintiff.— The Jury found a verdict for the defendants. From the evidence at the trial it appeared that the plaintiff, Mr. William John Richardson, was a Gentleman re siding at Moatliall„ near Wanstead, in Essex. •in October, 1819, a writ was forwarded to the defend ant's office, sued out against William lUchardion, . accompanied by a note, purporting to be from a So licitor named Mills. The note clearly pointed out the plaintiff as the person alluded to in the writ, which was immediately forwarded to Sackett, an officer of the Sheriff, residing at Stratford, and by him the plaintiff was arrested. At the time the cap tion was made, the plaintiff remonstrated : he in formed the officer that the name in the writ was not his name ; his name being, William John, and not • William Richardson ; and further, that he did not owe the plaintiff, named in the writ, a farthing, nor even know him. The officer, however, persisted in taking hiM ; and he was kept in custody two or three days , when it was discovered that the whole transac ' tion was fictitious, and a fraud on the Sheriff, no such Attorney as Mills,.whose name the. writ bore, being to be found. At the trial Mr. GURNEY, for the de fendant, first contended that the Sheriff was justified by the writ; and next, desired to have the question left to the Jury, whether the plaintiff was not the in dividual meant in the writ ? The Jury found for the defendants. Mr. E. LAWES, on a former day, obtained a Rule Nisi for a new trial Mr. Guareex now, in support of the verdict, con tended, that there were no grounds whatever for dis turbing the verdict. The duty of the Sheriff, on the receipt of the writ, if it came to him regularly, was to see it executed as speedily as possible. The She riff had done no*more than disch trge his duty in the present case. The writ came to him in the usual way from a Solicitor, Mr. Mills, whose name w as we ll known at the ffice, and accompanied with a note, purporting to be from that Gentleman. Not the slightest ground existed for suspecting any fraud or imposition. No officer was named as the individual to whom the writ was to be forwarded ; that was left entirely to the discretion of the Sheriff, and the writ was forwarded to Sackett, an officer residing at Strat ford, as the person living nearer than any other to the residence of Mr. Richardson ; and by him the writ was duly executed; he taking Mr. Wm. John Richardson, his writ being against William Richard son. He (Mr. Gurney) had looked carefully into this class cf cases, but could not find any in which the doctrine now contended for had bee* carried so far as it was now sought to carry it. There was no case that he could find in which the arresting a person by his own name, as far as it went, but failing to have inserted in the writ the whole name, had been consi dered as a foundation for an action for false impri sonment against the officer. .11r. Geriatric followed on the same side; and cited the case of Cole v. Hineson, and some others, to shear that arrests upon misnomer had been held as not forming a foundation for actions for false impriton ment. The CHIRP JUSTICE said, the Learned Counsel, by putting his case upon misnomer, was taking a weaker ground than he was entitled to. In the present case there was no 'misnomer. The name, as far as it went, was correct, but the. description was defective. The question here was to the person meant to be described in this writ. Was it quite impossible that a writ, in tended to be issued against W. J. Richardson, should have been filled up 14 illiam Richardson, omitting the word John ? Mr. E. LAWES t in support of the Rule for anew trial, submitted that the detendant ought to have pleaded, " That they had a writ sued out against the plaintiff in the name of William Richardson ; that the plain tiff was as frequently called William as he was Wit ham John ; and that he was as well known by the one name as he was by the other." But the defend ants had made no such plea; they had only pleaded a writ against William Richardson, and the plaintiff replied that William was not his name, and that there was no writ against him. At the trial the Chief Justice had adverted to the difficulties and hardship which would be imposed on the Sheriff, if he was to be held liable to an action under such cit.. cumstances as the present, if he had taken due and customary care to pt event imposition. He most rea dily acceded to everything which had been said by his Lordship on this subject; but lie submitted that, in the present case, the Sheriff had not exercised due care and caution. Here the Sheriff received the writ, not from the plaintiff, the plaintiff's Attorney, or the Attorney's clerk ; hut he received it, accompanied with an anonymous note, from a person not known, directing him to arrest an individual named inthe writ. If such itvitructions were to be considered as justify ing a Sheriff, no individual would be safe. . The CHIEF Jtiattcs observed, this was the most general way of transmitting writs to the Sheriff. Whe re the Sheriff resided in the country, the usual way was to forward the writ to him by post. Mr. Justice BAYLEY said, this was not an anony mous note. Mr. LAwEs acknowledged, it was not so in the strict sense of the ord. It was, indeed, signed A. Mills;" but there was no Attorney of that name, and the hand-writing of the note was not known to the Sheriff. Mr. Justice BAYLEY asked, how it was to be ex pected the persons in the Sheriffs' Office, which office was supposed to be changed every year, should know the hand-writing of every Attorney 'who might send writs to the office. The CHIEF dusTictc observed, such a thing was quite impossible. The business could not be done in any other way than it was at present. Mr. Justice BAYLEY said, if the name of the man had really been William, the Sheriff would have had no choice—he must have executed the writ. Mr. LAWeS then proceeded to cite cases, in which actions had been maintained against Sheriffs for irre gular arrests; and contended, that the evidence in the pi emit case fell tar short of proving th .; t h e plaintiff was the pen-on alluded to in the writ. Tlic COURT said, tl.cy would take time to comi. der the bjec t. r * *.v 9 1i V ul; It C , L; at I 13114 I (hi amp TON : a ew s aruy c skr U!h •ith le ears is n sea: :iUI .nappo snapro c.;oui in she . the The ot as tie 1' LKS: Capti rneJ ic Eke balls c and a was t. hands book, Dictio We Nlr stable his rel of me: comin him liorkc irme who r i m she at I.ot 1' (the s Lis b 1 with the do pears and t sistan posse B,sec i duubl swore with mans dins- bows A is se by sc strain Agit 1r NIIIP 4