Star. — London, England, 1821-11-27 00:00:00

fr would be superfluous to make any further remark:l shall therefore not add one word more. The COURT remained •in deliberation for about twenty minutes; after which, Mr. Justice BAYLEY proceeded to pass sentence on the defendant in the following words:—" It is my painful duty to be called upon to pass on you,. the Reverend Richard Blacow, a clergyman of the Church of England, the sentence of this Court for a libel, first uttered by you in your capacity of a clergyman, in a place set apart for very different purposes, and afterwards printed and published, as part of a ser mon preached in the Church of St. Mark. It is in itself a very great evil, that a place so sacred should be perverted to such purposes. It ought to have been with very different feelings that the minds of those who attended should have been impressed, nor should you, upon so solemn an occasion, have mingled with Christian instruction, any observations upon living characters. We all have sufficientfaults of our own to correct, without commenting upon the faults of others. It is no small aggravation of the case, that there did not exist an un animit y of o p inion on the topic that is the subject of this libel. It was, therefore, at the time you mentioned it, calculated. to prOduce different feelings in different minds, but not such feelings as ought to prevail in a house of Chris tian worship. The nature of the place itself is one of the great stings in this case—that which gives it a feature of peculiar aggravation. I must say, that you have exercised a wise discretion, in having de ' clined to offer anything this day in mitigation of the offence of which you have been convicted; and 1 hope that determination arose from a conviction that, on looking back to your conduct, you saw nothing in it for which you could offer any defence. Taking all the circumstances of the case into consideration, the sentence of the Court on you is, that you do pay to the King a fine of One Hundred Pounds; that you be committed to the custody of the Marshal of -the Marshalsea of this Court for the term of Six Ca lendar Months; that at the expiration of that time yeti do enter into sureties to keep the peace for Five Years—yourself in the sum of £5OO, and two suffi cient sureties in the stun of £lOO each." The prisoner immediately tetired in the custody of the Officer of the Court. THE MANCHESTER MEETING. BEDFORD V. BIIILEY AND OTHERS. This was an action brought against the defendants, Birley, Oliver, Whittington, and Meagher, members of the Manchester Yeomanry Corps, for an alleged assault upon the plaintiff, at Manchester, on the 16th of August, 1819, during the Public Meeting which had been convened by advertisement, to consider of the propriety of petitioning Parliament for Reform. Tae venue had been oriL.;inally laid by the plaintiff in the county of Middlesex, but had been changed on the motion of the defendants to Lancashire, on the Esual affidavit, stating that the cause of action, if any, arose in Ltocashire, and not elsewhere. Mr. BLACKEURNE, for the plaintiff, now moved for a Ride to spew cause, why the venue should not be brought back to Middlesex, on the ground that a fairl and impartial trial could not be had in the county of Lancaster. The Learned Counsel founded his motion on the affidavit of the plaintiff's Solicitor, which stated in substa:ice, that this action was brought to recover a compensation in damages against the de fendants, for a violent assault, made by them on the plaintiff, on the 16tli of August, 1819, at Manchester, when the plaintiff and other persons were, as depo nent was informed and verily believed, peaceably as - iamb:ea in pursuance of a public advertisement, to consider the best means of bringing about a Reform in Parliament. Deponent further said, that he ha , l been informed and verily-believed, that the said Aleetilig was conducted in the most peaceable and orderly manner, until the Manchester Yeomanry, cotnmanded by the defendant, Mr. Birley, and of which corps all the other. defendants were members, and were on that occasion present, without any pro vocation, attacked the Meeting with drawn swords, and severely wounded several persons, and amongst others the said plaintiff. And deponent further said, that he had also been informed, and verily believed, that a very great and general prejudice exists through. out the county of Lancaster, amongst the persons who are likely to serve upon Juries, as to the nature and object of the Meeting in question. And depo nent.further said, that he had heard, and verily be lieved, that several persons who were so wounded on thesaid 16th of August, 1819, preferred bills of in dictment at the Assizes for the said county of Lan caster, against the persons who had so wounded them, but that the Grand Jury, upon being informed that such transactions occurred at the said Meeting, ig nored the said bills: and deponent lastly said, that he verily believed, that an indifferent or impartial Jury for trying this cause cannot be had within the said county of Lancaster. The Learned Counsel said, there were several precedents for this motion, and amongst others, he particularly relied upon Pettit v. Berkeley, Cowper 510, upon the form of affidavit, on which the affidavit in this case was framed. Indeed, this case went farther than that; for there the affida vit was made by the agent, whereas here it was made by the plaintiff's Attorney. The CHIEF JUSTICE.—Take a Rule to sliew cause. TILE ICING V. RICHARD FORE& This was an indictment against a stationer at Ald gate, for %ening obscene ptints.---Judgment was suf fered by default. The COURT sentenced the defendant to nine months imprisonment in the House of Correction. Coldbath fields, and to find sureties for his good behaviour during a term of five years. COURT OF COMMON PLEAS, NOVEMBER 28. STE'PHENS, ASSIGNER OF MITCHELL, A BANKRUPT, AGAINST BOTHWELL. Mr. Serjeant VAUGHAN, on a former day in this Term, obtained a Rule to chew cause why a nonsuit should not be entered in this case. Lord Chief Justice DALLAS read his notes of the trial, from which it appeared that this was an action brought by the plaintiff, as assignee of a bankrupt, against the late Sheriff of Middlesex, to recover treble damages and 1:40, as a penalty for extortion, in having demanded and received snore fees than by the Statute of 29 Elis. c. 4, he was entitled to upon *the execution of a kvarifaciat, which bad issued' against the bankrupt, on a debt due from him to the Cronin. It appeared in evidence, that the bankrupt bad requested the o ffi cer to sell be goods leviba by , Itt fa such a manner as would, in his opinion, pro., duce the greatest return. The officer had complied with this request, and, as it caused him much more trouble than a sale in the usual manner would have done, he had received an equivalent proportionate to his trouble. On these circumstances the present action was founded. Mr. Serjeant VAUGHAN had taken the three fol- lowing objections at the trial :—First, that this was not a case of extortion. Secondly, that if it were, the remedy was not by the Statute of Elizabeth,. but by the 3d of Geo. I. c. 15, the former relating to execu tions on suits between private individuals, the latter having reference to. executions of the Crown. And thirdly, if the action was properly brought on the Statute of Elizabeth, the present plaintiffs were not entitled to recover, for that Statute expressly gave the remedy to the party grieved, and not to his re presentatives, and in this case the party grieved was clearly the bankrupt himself. Mr. Serjeant Pau. now :hewed cause against the Rule, and contended that on the facts of the case the Sheriff had been guilty of extortion in receiving more fees than were given by the Statute of Elizabeth. — This case was clearly well brought on that Statute, the words' of which gave a remedy for extortion " in any extent or execution whatever:' The assignees were entitled to this action, for it was founded on a wrong to the bankrupt's property, not his person, and the Court must discharge the present Rule. The Count. were decidedly of opinion that the Statute of George 1. was alone applicable to the pre- sent case, and therefore, abstaining from giving any other judgment whatever on the two other points, they made the Rule for a nonsuit absolute. BOWSTREET.--%. respectable-looking man, of the name of White, appeared at this Office yesterday with his Solicitor, before Sir RICHARD BIRNIE, and complained that he was in the custody of one of the Bow-street men, who had arrested him on Sunday week, upon a warrant for a misdemeanour, which had been issued at the Mansion-House, and backed by one of the Magistrates of this Office. He also stated that the officer had arrested him in Surray.— Sir RICHARD BIRNIE said that he would not inter fere in the case. It appeared to him, that all the patties had laid themselves open to -an action for false imprisonment, in arresting a man for a misde meanour on a Sunday. The only cases in which such an arrest was justifiable were those of murder, robbery, and breaches of the peace under particular circumstances. The officer was-also unwarranted in .apprehending the defendant in Surrey.—Mr. White observed, that there was not the slightest pretext for charging him with the commission of any offence whatever; but it was a device which the other party had recourse to for the purpose of having an oppor tunity, upon his being taken before the Lord Mayor, of executing a writ which they had issued against him, and out of the way of which he was anxious to remain for a short time, as he expected money in the course of a fortnight, by which he would be enabled to discharge the debt ; but if before then he were thrown into prison, he should be ruined.—Sir RICH ARD Bittsan replied, that he saw clearly it was a trick to effect the execution of a writ; and he should certainly make the part which the officer had taken in it.—The officer said that the complainant had ap plied at Bow-street for a person to apprehend the de fendant, and hiving the warrant backed by Mr. Halls, he accompanied him ; and the defendant was pointed out to him by the complainant.—Mr. White asked if he was not justified in refusing to accom• pany the officer ?—The officer said that he would take him to the Mansion-House, and deliver hini up there.—Sir RICHARD BIRNIE declined to give Mr. White any advice in the case. In his opinion he WA' illegally in custody..—Mr. White said, that in that ca.e, he would n4t accompany the Officer to the Man sion-House, as he knew there were prison; waiting there to execute the writ upon him. Ile accordingly, putting on his hat, walked out of the Office. Some hours afterwards, the S.,licitor who had concocted this curious stratagem, came to the Office, and, ad dressing Sir RICHARD BIRNIE, said, " I understand, Sir, you have discharged the prisoner brought here by one of your officers on a City warrant?'—Sir Iticnann BIRNIE—" Then, Sir, you understand in correctly. I have done no such thing. But I'll tell, yon what I shall shall discharge the officer who brought him here."—The Solicitor seemed rather dumbfounded at this remark, and having ventured an apology for that officer, went out and rated the poor fellow soundly for being such a fool as to bring his prisoner up to Bow-street instead of the Man sion-House. A man of the name'of Best, who, Sir RICHARD BIRNIE said, had been very troublesome at the Se cretary of State's Office for some time past, con-. Istantly writing letters, and asking for an interview' with the King, came to the Office yesterday, and held some conversation with Sir RICHARD, in which he stated that he had lately very narrowly escaped being poisoned, and was still in constant jeopardy of his life from the machinations of certain pe r sons who were conspiring to poison him. The plot had a deeper root, he said, than he (Sir Rithard) supposed. Sir Rictia RD BIRNIE advised him, if he had any ap prehensions of that nature, to go to the Sessions, and upon making affidavit that he was in dread of his life, he would procure a Bench warrant against the indivi duals of whom he complained. But it was idle to suppose that the King, or Lord Sidmouth, could devote their attention to the case of every individual, when his Majesty paid Magistrates for that express purpose. He therefore told him to abstain in future from troubling the Government with any more letters. Mr. Bestahatiked Sir RICHARD for his suggestion, and withdrew. _ William Evans, a journeyman baker, applied to know where a brother-in-law of his was confined ? Mr. Ford, the clerk, told him in a very civil manner that they could not give him the information he re quested. This answer did not satisfy Evans, and he got very noisy and troublesome. E. Read, the officer, desired bim to quit the Office, which, he declined doing, and proceeded to assault Read, and d—n the Magistrates, clerks, and officers, for 4 6 a set of Go vernment men." He was put to the bar for the assault, and committed to Clerkenwell . Prison for want of bail, where he consoled himself to think he would b. likely to meet with his dear brother-in-law. LAstairrwirrazzr.—John Mahoney was brought up on a warrant, in custody of Moses Fortune, one of the officers, and charged before MATTHEW WYATT, Esq. by Mr. Mania Toy ; of High-wet, Poplar, with an at - Sault. It appeared that in the afternoon of Sunday se'nnight, the complainant was in a field in the rear of his house, in search of one of his pigs which had strayed from his yard. His attention was suddenly attracted by a half naked, bare-footed stripling, running along the field, screaming at a terrific rate, and closely pursued by the defendant, his father, who pelted him with stones, and coursed him round the field several times. The mother of the youth came up, and commenced a similar dis charge at her husband, who was soon assailed in front and rear by his wife - and son ; the engagement conti nued very brisk for some time. The defendant at length suddenly rushed at the female warrior, and knocked her down with a stone. The complainant, seeing that the fellow was then beating the woman in a brutal manner, stepped forward to her assistance. The defendant, leaving his wife, suddenly tore off the complainant's frill, chewed it in his mouth, and then spit it in his face, and began to lay about him with his fists. The complainant found it necessary to use I his utmost skill in defending himself, and after hav ing fought some rounds, his opponent finding him self likply to be vanquished, sent off his wife and son express for assistance ; very soon afterwards nearly 50 Irishmen came running across the field with their coats off, and armed with sticks. Dreading the con sequences, the complainant betook himself to flight,. and succeeded in getting into his own house, fol lowed up to the door by the mob, who continued' there for some time.—The Magistrate lectured the prisoner on the impropriety of his conduct by pro faning the Sabbath, as it was evident he had done in this instance, and for the wanton assault on the com plainant, whose interference, from the daring com plexion of his conduct, most likely had prevented him from committing murder; and to prevent a re petition of such occurrences, he ordered him to find good bail to answer the complaint at the Sessions. UNION-HALL.—William Jones, a glass-cutter, ap peared to answer a complaint made before the sitting Magistrates, JOHN HEDGER and D. KING, Esqrs. by a Dissenting Preacher named Fowler, who, it ap pears, has been often inte;rupted while engaged in the pet formance of his sacred duties. Mr. Fowler, a person apparently between sixty and seventy, stated, that about six weeks ago, as lie was delivering the text of his sermon in the Chapel in John-street, Lant street, the defendant walked into the midst of the congregation, and the moment the text wis con cluded called out with a loud voice—" It's a d—d lie !" The congregation, who were amazed and shocked at this profane interruption, finding that they could expect nothipg less than a repetition of such language, determined to turn out the offender, and with some difficulty accomplished that object. On Tuesday last, while he was explaining the Bth of the Unmans, the defendant again entered the Chapel, and called out—" You d—d swindler r and used other language the most offensive and improper that could be spoken. The congregation again interfered, and turned him out; and the witness, to prevent any further interruption of the kind, applied to the Ma gistrates, who were always known to discountenance such conduct, to interfere for the preservation of order and decorum. During this statement the defendant frequently spoke, and apreared in great agitation.— Nl'. HEDGER asked the defendant whether he did not know, that by the 52d of George HI. he became lia ble to a penalty of £lO, for disturSing a religious congregation ?—The defendant said, his object was not to disturb the congregation, but to reprove the Pi earlier before the congregation, and give them sonic knowledge of the sort of example they had be.i fore theta in their Minister. He then proceeded to say, that at the death of his mother, who was in the ;habit of attending the Chapel, the complainant be came trustee to property, which was left equally between the defendant and his brother, to the amount of £l2OO. After his mother's death, the complainant offered to take him into his house and provide for him. The defendant consented to go, but after having remained in the house for some time, he applied for ithe money that had been left to him ; upon which the complainant induced him to take a quantity of black lead, which he afterwards found to be da maged. The defendant then produced a sample of the lead, and said that was all he had for his money. Mr. HEDGER asked the complainant what business lie carried on ; independently of his professional avoca tion ?—Mr. Fowler—" I am a dealer in anything that I can turn into money !" lie then totally denied the truth of the defendant's statement, and produced what he called a settlement of the money transactions be tween them, which was drawn up by a solicitor, and signed by both parties. Mr. HEDGER advised Mr. Jones not to disturb the congregation again, but in stantly discharged the complaint made by Mr. Fowler. CORONER'S INQUEST.—Yesterday evening an In quisition was held before Tilosias Hiccs, Esq. on the body of a respectable-lookilig Gentleman, un known, who, on Sunday night, had walked into the Thames, near Essex Wharf, off a passage leading from the stairs to the river. Four accidents of a si milar nature, two of them attended with fatal con- 1 sequences, have occurred within the last two years, occasioned by the want of a bar or gate ; the pave ment of the court ends abruptly on the edge of the water, and only a few feet above it.—The first wit-1 iiess called was a Mr. William Holmes, of 'the firm of Messrs. Soulsby, Holmes, and Co. coal-merchants. He stated that on Sunday night, while in bed, he heard cries as of some person in distress, and went to die window which overlooked his wharf*, hut could not see anything. The watchman then cried the hour .of the night, and the deceased again shouted very loudly for assistance in a smothered tone of voice. The watchman sprang his rattle, and alarmed ,the neighbourhood. 'Witness got up and called his servant, who procured a light, but the wind blew it out. Mote assistance was sent for, as witness being, very unwell was obliged to remain within the house. ' —Nathaniel Young, a lighterman £t the wharf, said,: , that yesterday morning, about twenty minutes past one o clock, he was called up, and instantly repaired to the spot with drags. He continued to search for the deceased until two, when he went home, but re turned again at six, and found the body abo ut twenty or thirty yards from the place where it had fallen in, which was at the bottom of Essex-steps, leading from Essex-street. There was no appearance of violence about his person ; the, deceased seemed to be about . forty years of age, and was very respectably dressed. —ln his pockets were found a silver watch, with the hand at twelve, some silver, and other articles. —Merl being no other evidence, the Jury we to view the dangerous plate where the accident oce ut red, and, on their return, expressed their wonde r 44 indignation that some security had not been 0 44 to prevent accidents which might so easil y occur particularly after the many accidenes that had a i rtad happened. It was suggested to addressthe Lord Mayor on the subject, and by their verdict, to express the great surprise they felt at no security being made —After some . further consideration, they r eturned a verdict to the following effect 1—" *Accidentally Drowned, occasioned by culpable neglect, th ere 4, 4 no fence or bar to prevent accidents.' "I Wednesday, a miner at work near th e p o p„ 1 - Thaws' road, had three cf his fingers enta ng l ed am ; the tackle of an ascending bucket. Ile wu k ax t up between 20 and 30 feet, when the mo tt l e , 04 drawn off the fingers, and he dropped to the b etee d i of the pit, and received a compound fracture in tea of his legs. He was subsequently carried to di Royal Infirmary, Glasgow. The Grand Junction Canal having becom e re* full, in consequence of the heavy rains which fella; Thursday and Friday, the lsth and 16th instant, boat which lay at Batch worth-bridge, near flick mansworth, was forced from its mootangs, and coraiii. in contact with another boat heavily laden with tria l; forced in the side thereof, and she instantly we:» u the bottom.- A man and his wife and child wer e i t the cabin of the boat when it sunk. The min swoi to another boat and procured a plank, with which le succeeded in getting the woman and child nut, L a: not until they had . been in the water so long that le some time the child's life was despaired of. An apple. tree, of the golden pippin species, is ton growing in a common flower-pot, at tke house of V G.WATTS. glazier, in Broad -street, Plymouth, whi,% although not excceding twelve inches in height tro t* the ground, has produced, this season, fire fine ap ? l ei , of the circumference from seven and a ball to ei t l: inches each, and fresh buds are again shooting HI ItTIIS. At Gaddcsden Park, the Lady of the Rev. J. F. Moes lialsey, of a daughter. Nov. stt, at his residence, 'topical, near Dirs, the larly4 the Rev. Temple Frere, of a son. MAIM! Friday, at Mellerstain, John Viscount Glenorchy, only said the Earl of Brearta!bane, to Eliza, elde• . t daughttr of Georp Bantle, Esq. of Jerriswoode. Saturday, in Mary-la.Botine Church, William Robert g e l Douglas, Faq. M.l'. yqungew brother of the Marquis of Qui ts b err y, t o Elizabeth, el& at daughter of Walter Irvine, Esq,e Luddington House, Surrey. Nov. 22, at Cathktn House, Major James Dennistoun Ikon, of the Madras Artillery, to Anna Isabelle; only daughter d the /ate George Noble, Esq. of the island of Jamaica. Nov. 20, at St. Andrew's, Mark Sprott, of Garold, Esi Advocate, to Harriet, youngest daughter of the lite him* BM. Lately, Mr. Helby, of his Majesty's ship Iphigenis, um. Palmer, of Portiea. At Bishorwearmnuth, George Isaac Mowbray, Ei.dy v ton House, Sussex, to Elizabeth, eldest daughter of rieht Dr. Gray, Rector of Dishopwearmouth, and Prebtahry Durham. 1) I O. Thursday, in Tecterden.street, Hanover-squareopi James Wilson, Esq. F.R.S. Professor of Anatomy to &bid College of Surgeons, and many years Lecturer in the llamas School of Windmill-street. _ Friday se'nnight, in F.naiis, Lieut. Crabb, 40th itegimeou Nov. 18, suddenly, after returning from the evening ,ervite St. John's Chapel, Chatham, \lr. Auvistine Fa♦aed, th the ith year of his age. The Rev. Ur. Martin, Parish Pries: of Calm, meaty ti outh. Nov. 79, at Castle-Wailer, county of Tipperary, RiLbui 'Waller, Esq. an active Magistrate of the county of Tipperay, and Captain of the Newport Cavalry. Nov. '2O, at Newt...vide, the Bev. Henry &lemur, a4ll trate of the county of Limerick. Nov. lir, at his seat, at Eardistou, Worcestershire, Sir William Smith, Bart. many years an active 16411114 i . . the coumy. Saturday setmight, at Lewes, Mr. N. Farb, aged Silk was just before making arrangements for his Sunlay's Nov. 8, at Nice, Mary Anne, wife of Maix Coatikat& Coldstream. Guards. _ _ Nov. 8, at Geneva, Bryan Cooke, Esq. of Goma, Id. shire, aged 66. On his voyage home from America, on board the &Oa, of Dublin, 3lr. John Lowrey, of Whiteharen, aged S 4. fell from the mast-head, and was so much bruised that be in 24 hours afterwards. Nov. 14, at Horton Lodge, near Epsom, aged 88, tbe lig. Louisa Browning, widow of J. Browning, Esq. Tueuday, at the advanced age of 91, George Soper, £4. 11 Devizes.—He was almost the oldest member in the Cotyorato. had served the office of Mayor three times, and was Guar lain for eight years. Nov. 21, at Reading, Edward S. Waring, Esq. late sots the Board of Commissioners at Futtyghur. Nov. 22, the wife of the Rev. C. V. Le Once, of Time Nv • 11 taw • IFS di* 41010 House, Cornwall. Nev. 15, at Lytchet House, Dorset; Lady Amelia T wife of William Trenchard, Esq. Saturday, at Radipole Barracks, Dorset, after a shortikek Captain Kerr, I'aymaster of the lit Royal Dragoons. April 16, in camp, at Severndroog, in India, Alajor Yam Balfour Watron, then in command of the Ist Battalion giment of Native Infantry, Bombay Establishment. Nov. 13, at Greenock, after a lingering illness, Job mont, Esq. surgeon, 11. N. He passed the meridian of Mill as a prisoner in France. lie was surgeon of the Viacejo ttti period of her capture, and the confidant of the lamented Wright, in the tower of the Temple, in Paris, and the last frill who bad access to his dungeon. Monday se'anight, at Southampton, Mr. F. J. Geis; Nof 76. The origin of this Gentloran is not correctly teem a' ports have been various as to his high deccent, but as his education and acquirements were of the first order, NW suavity of his manners indicated a superior breeding. V" . at an early period of his life on the Edinburgh staga,• pe t o l the same characters then: that Mr. Garrick was thee in London, with nearly as much eclat. Ile was do tribieh acquainted with the F.nglish Roscius, as well as ugh lila Ross, Digges, Mossop, and many others then le wait From this period till within the last seven or elgh .1 1006 .1. history appears a blank. During this time be ditelre__,..m* scanty subsistence, by instructing persons in geo graphy, rr, Lion, the mathematics, and writing ; also the French. fa d and Latin languages, in all of which he was a profound's"! His remains were on Friday interred by the friendly ail brother Masons, and he was followed to his a last pacti ll , sion" by a select few who appreciated bit genius and st d Another sad instance, alas! added to the chain, to vise . - how futile are our - - lit, of A ir man Lice:ileum- be Jai the , DA .kith pA cbc dse • iiirY 41.• I . C. 4r Ships at Market. 1014 Newcastle 25 SunderlaDd L 8 Dublin MAE how futile are our (wiliest hopes, and the mutability si s'' man Licelknee. - —_:-/ COAL. MARKET, Nov. 26. Ships at Market. Ships Sold. Prin. _, 1014 Newcastle 174 5 41 3 d is O. 21 Sunderland 18 31s 04 to ois , 0 MAILS saw DAT,,ciii. Dm 0 Dublin • 1 0 Lisbon 0 i Waterford 1 0 France 0 I 0 1 Guernsey and Jowl 0 1 Hamburgh Holland • 0 , 0 2 Gottenburith , . Flanders 0 0 Leeward Islands 1 Mafia.l i Ma 0 o Jamaica HIGH-WATS at LONDON B RIDGE TO.1101120" /1 Skating • - 17 minutes afte 4 _ Afternoon - 56 : —_— LOPSDOIR ; hinted and pu f bltilsed by Lasst KIM • /Plats, Tesgplorßik