Star. — London, England, 1821-10-05 00:00:00

CIRCUIT LVTELLIGENCE. Tuesday se'nnight, the Circuit Court of Justiciary was opened at Ayr by Lords HERMAND and MISA Down ASK. Allan Carswell was convicted of forgery. It ap peared from the evidence, that the prisoner sent a man of the name of Robert Carswell to the Com mercial Bank in Belch with a bill for forty pounds to be discounted, but it was discovered to be a forgery; the man called himself Alexander Watt. Mr. Faulds, Agent of the Bank, said he was so satisfied of one of l i the names being a forgery, that he did not think it necessary to compare it. The Jury found the pri soner Guilty of uttering the bill knowing it to be forged, but recommended him to mercy. Ile was then sentenced to be executed at Ayr on Friday, the 2d' of November. The prisoner, on receiving sell %Me, was much affected. INVERNESS SEPTEMBER ca. The Circuit Court of Justiciary was opened here on Wednesday, by the Right Lion. the LORD Just= CLERK and Lord Pyrsitu.y. After prayers by the Rev. ALEXANDER ROSE, sentences of outlawry were pronounced against Anne Mackenzie alias Reach, from the parish of Fodderty, in the county of Ross, accused of child-murder and concealment of pregnancy ; and against her and Georg e Tol,nie, luzr uncle, on an in dictment founded on '' the Statute, made in the year ~. 1567, c. 11. for incest. The Court then proceeded to the case of Donald Munro, Wvi. Munro, *and Mathew Water, accused of mobbing and rioting, as also of violently resisting and obstructing his Majesty's military officers or sol diers, in the discharge and execution of their duty ; as also the assaulting, beating, bruising, and wound ing any of the lieges, to the effusion of their blood, and injury of their persons, and more especially when committed against such officers or soldiers when so employed. There was no formal objection made to the relevancy of the indictment. But the prisoners Counsel stated, that the second article of charge amounted, as libelled, to the crime of High Treason, and could not with any propriety be therefore tried on the common law, as now attempted. The Court being not of this opinion, the objection was immediately withdrawn, and the evidence for the prosecution gone into. It appeared from the witnesses adduced on that side, that there was a market on the 15th of May last at North Don, in the Parish of Watten, and County of Caithness, to which recruiting parties of the 78th and 93d Regiments went, for the purpose of beating up for recruits. These two parties arrived from Thurso at the market about twelve o'clock at noon, and on two several occasions paraded through the place, but got no recruits. About six o'clock an the evening, the serjeants who commanded ordered the drummer to beat the long roll (as it is called), that the recruits and other soldiers under their com mand might assemble, to march home to Thurso, about nine miles distant. In' course of forming the recruiting party, in order to take another turn, and then go home, Serjeant Gann began to wave his drawn sword, in order to induce the crowd assem bled to fall back and give room. Up to this mo ment, all parties were in good humour with each other—the military and the country people had been dancing, and no dispute had occurred, nor was any sort of insult or interruption given to the military. In the bustle, however, of receding, a boy was pushed in against Guan and fel). about his feet. Both ser-. jeanis swore. chap at the time the boy was pushed in, Gann was flourishing with' his sword ; put back the people, and was told by the prisoner, D. Munro, that he had no right to draw his sword, and to return it to the scabbard, or else he would cleave the serjeant's head. The serjeant answered, that he drew his sword for the purpose of heading the line forming by the military, and that be could not therefore sheath it; on which Munro immediately struck Gunn, as did also many of the other country people ; and the soldiery having come up, a general battle ensued, and lasted for some minutes. The fermentation oc casioned by this fray was so great, that the military did not again parade through the fair; but after waiting for some time in a booth, marched home to Thurso, where several of the party were foe some days attended by a surgeon. By the exculpatory witnesses again, four of whom were on the spot, it was sworn to, that serjeant Gunn, on the boy being pushed in, turned round to the pri soner, Donald Munro, and accused him of having pushed in the boy, and on this being denied, said— D—n you, .Munro, run you through the body ;" and lifting up his sword, once hit him with the sword about the breast or head, and aimed a second blow at him, which was parried off by a switch that Munro held ; that the people stepped in, and after this the affray became common to all, and country people and military mixed up into a confused crowd, fight ing against each other. These witnesses also swore, that it was not Munro who pushed in the boy, nor did lie or any one else strike Gunn, before his swear ing to run him through. One of the witnesses exa mined for the Crown, recollected serjeant Gunn using words similar to what the exculpatory witnesses swore to ; but Gunn himself, or the other serjeant, had no recollection of this ; and what appeared rather strange, serjeant Bruce swore, he saw Gunn knocked down, while Gunn himself swore he wasnot knocked down. Several other discrepancies were observed in the evidence on both sides ; and the preSiding Judge, as well as the respective Counsel, decidedly expressed their opinion, that it was perfectly impossible to re-. concile the conflicting testimonies of the two sets of witnesses. _ _ When the proof was closing, Mr. GRANT, Coun sel for the prisoners, offered to prove, by the evidence of a witness for the Crown, who had net been exa mined, that a large bludgeon, with an iron head, pro duced in Court, .had, during the affray, been taken from one of the soldiers, though that soldier, in his examination, had positively sworn that he bad never seen the stick. The prosecutor objected to the pro duction or identifying of it, as notice had not been given to him of the tutenuon to do so. But as no spe cial defence had been required by him, the Court found it was perfectly competent to prove the owner ship and identity of the stick; and it was proved accord ingly. After written certificates of the peaceable conduct of the prisoners, from the Earl of Caithness and others, had been read, the ADVOCATE DEPUTE and Mr. GRANT severally addressed the Jury. The LORD Justice CLFAIC then summed up the -.. evidence. After complimenting the able manner in which the defence was carried on, he said their whole attention was to be directed to the first and third Charges, - for the second had been given up, however relevant; that, in his opinion, the circumstances at.' tending the affray brought the assembly clearly within the definition of a mob laid down by Mr. Hume, though the people might have had no premeditated intention to interfere with the military ; and if the Jury would be of this opinion, all the prisoners, as they were present in the mob, would be equally guilty, notwithstanding the same specific acts of vio lence could not be brought against them all. And that as to the assault, &c. he would make no com ment on it, but refer the Jut y to their own notes of the evidence, acquainting them, at the same time, that it was perfectly competent to find the assault not proven, or proven, and with or without the aggrava tion, just as they thought warranted by the circum stances of the case. The Jury retired about eleven o'clock at night, and were ordered to 'return their verdict next morning, the Court being unable, from fatigue, to wait them,, having already sat on this trial about twelve hours. The Jury gave in their verdict next morning, find ing the assault proven by a plurality of voices—the mobbing unanimously not proven; and found them Not Guilty 'of the resistance and obstruction. The LORD JUSTICE CLERK then passed sentence on the prisoners, ordaining them to be for three months imprisoned in the jail of Wick ; and the Munros to pay each of them a fine of £3O sterling. There was no other business before the Court, and it immediately adjourned. POLICE. MANSION-HOUSIL—CHARGE AGAINST A SOLDIER. —A Gentleman applied to the LORD MAYOR for a warrant against a corporal of the Coldstream Foot Guards, under the following circumstances : The applicant stated, that on the 17th of last month, as he was walking up Ludgate - hill , he was suddenly, and with great violence, forced into the carriage road, when, on turning round, he perceived a band of soldiers, to one of whom he addressed himself on the unnecessary and outrageous violence ith which he had been pushed into the street. The leading soldier, who was a corporal, answered him in the most insolent manner, cursed him, ordered him to get out of the way, and raised his hand as if it was his intention to stab him. The complainant was much alarmed at this action, and retreated into the shop No. 23, for safety. He appealed to the, Lord Mayor whether an assault of such a nature, committed by a soldier with his bayonet fixed, should be suffered to pass without punishment? The com plainant said, he had followed the soldiers to their barracks, and obtained the name of the aggressor, and he now wished for a warrant from his Lordship to apprehend and bring him to punishment. The LORD MAYOR said, that however the aggressor might deserve to suffer punishment, it was not for him to adjudge or inflict it. All he could do was, to hold the aggressor to bail or to keep the peace, or to answer the charge at the Sessions. As there was little fear that the soldier would run away, the best way to act was to indict him at the Sessions ; and then if a true bill weft found, a warrant would fel low of course. His Lordship expressed his strong sense of the nature of the outrage which the soldiers were but too prone to commit in the crowded streets' of London. The complainant said, he should follow his Lord ship's suggestion, and left the Office. He, however, soon returned and said, that probably the soldier would be removed, when it was heard that this com plaint was made against him. Indeed it was pos sible, that before the indictment could be prepared, he might be removed, by course of service. Upon these grounds he had thought it prudent to return, and submit to his Lordship the necessity of issuing his warrant to secure the offender, and oblige him to find bail to answer the charge, which he conceived to one of the most serious nature. Ile knew there was some law or regulation in country towns, for obliging soldiers with fixed bayonets to march in the carriage *ay. He did not know whether there was any obligation upon them to do so in the crowded streets of London, where such a precaution was so much more necessary. 'llw LORD MAYOR said, he was aware of the seri ous nature of the assault, but as the matter had been suffered to sleep so long, it would appear unneces sary now to issue a warrant, particularly as the Ses sions were so near. The complainant accounted for the charge not be ing. brought forward at an earlier period, by as suring his Lordship that he had been obliged to go out of town immediately after, and had but just re turned. He had applied at Bow-street, supposing that the Magistrate for Middlesex had jurisdiction ' over all within the County, but was informed that he had no jurisdiction over the City. The complainant added, that he did not know but that the soldier inipt have been removed during his absence. Ihe LORD Macon suggested the propriety of ascertaining that fact. The complainant said he should make the inquiry, and wait upon his Lordship next day. Gottortma..—The Parish Officers of the City Li berty of St. Andrew's, applied for a third summons against Mr. Palser, to shew cause why a warrant of distress should not be issued, to levy for the Poor rate, upon his goods and chattels, they having con vinced Mr. Alderman Waithman, the .Alderman of the Ward, of the propriety thereof. In reply to this it was asked, was it fair that Mr. Palser should be summoned before each of the twenty-six Aldermen as they attended in rotation, till one of them might be found who would risk the.consequence of grant iag the warrant? The case had already been heard before Mr. Alderman Brown, and twice before Mr. Alderman Wood, and the parties were not now better prepared than before, to shew that the house was within their jurisdiction. Mr. Alderman Smart said, he always conceived the duties of the Alder man within his Ward, with regard to Poor -rates, was distinct from those of the Alderman when acting judicially. In signing the Poor-rate, the Alderman of the 'Ward acted ministerially ; and it was not for him to investigate or object to items ; but in granting a warrant of distress, he acted judicially, and it be came him to make inquiry before he did so; such ap plications should always be made to the Alderman ! sitting at this Office. With regard to Mr. Falser, as two 'Magistrates had come to thhame conclusion on; his case, he saw no reason why he should interfere. Bow-Sriteer.—Yesterday morning Dr. Veitch, of Charlotte-place, Pimlico, a physician, requested the assistance of the sitting Magistrate under the fol lowing circumstances:—A Gentleman who had been for some time deranged, was placed under his care, and be appointed a man whom he thought trust worthy, to reside with him. The man executed the trust with fidelity, until a few days ago, when be absconded, taking the patient with him. The appli cant had now, however, some clue to him,. and lie requested that the Magistrate would alow an officer to go with him in search of them.—Mr. MlNSiitnits " Where is your establishment "t"—Dr. Veitch. " I have no distinct establishment. 1 have many patients under my care, but I place them all in separate cot tages or lodgings, with proper persons to attend them; as, in my opinion, patients are more likely to be radi cally cured when kept separate, than when mingled one with another. Such an association often confirms the malady of a patient beyond the reach of cure." Mr. Misitimr..—" I am afraid this is not a case, in which I should be justified in interfering. The law gives me no authority to apprehend the man, nor even to take the patient from him, unless upon the information of some relation." Dr. Veitch. — " I spoke to Sir B. Ilirnie .early in the day, and he said, that in such a case, perhaps, a man would do right to act rather with a vigour beyond the law." Mr. M t NSIINLL.—“Your may act so, if you please, but it must be entirely upon your own responsibility." Dr. Veitch.—" Certainly. I shall exonerate you from all responsibility. I only want to have an offi cer to render me proper assistance, if necessary." Mr. Mitistioi.r..—" You may have an officer to take care that the peace is not broken, but he will have no power beyond that:' Dr. Veitch.—" I will take all risk upon myself. . . The patient is a man of high tannly connexions, and I have no doubt that lie is taken away for some impro per purpose ; and I will get him back at all hazards." The Doctor then took two officers with him, and left the Office in a coach. HATTON-GARDEx.—Yesterday a case which excited considerable interest came to he heard at this Office; it was an information against 'Thomas Hall, a di iver of one of the Paddington stage-coaches, for furiously driv,ing, so as to endanger the lives of the passengers, and refusing to stop when desires, to suffer them to dismount. The defendant did not attend, but the person who attended for him stated that he was very ill in bed, and not able to attend, and that some wit nesses who were , necessary- were not in town, not having time to send to them since the service of the summons, which was only served at eleven o'clock the preceding day; and requested, for the ends of, justice, that the further hearing of the case might be postponed a few days. The Magistrate, after con sulting with the witnesses for the prosecution, post poned the further hearing of the case until next week, on the understanding that the defendant is to pay any expenses the witnesses for the prosecution may be put to, on account of the indulgence granted to the defendant. •. MART-LA-BONNE OFPlCE.—Willinot Hick>, well known to the Police, was put to the bar, charged by Mr. Mills, of Seymour-place, Edgeware-road, tailor, under the following circumstances :—lt appeared that about half-past nine o'clock at night, some boys came and rapped at the prosecutor's door, which being answered, one of them said he bad dropped some Money down the area, and requested to have it. The application being credited, Mrs. Mills took a lighted candle from a parlour inside the shop, and went down to look for the money, leaving Mr. Mills sitting in the dark: he had not been long in obscurity when he perceived the shop-door opened, and a person walk softly in, upon which he went out, and after a hard struggle secured the prisoner, who was just going behind the counter, and gave him in charge to the watchman; but his accomplices effected their escape. The prisoner was fully committed for the attempt at robbery. George Cooper, driver of one of Salmon's Padding ton coaches, appeared to an information under the Stage-coach Act,• charging him with carrying six outside passengers and luggage on his coach, being one more than is allowed by the said Act ; for which offence he had incurred a penalty of £lO, with costs. The Magistrate convicted the defendant in the miti gated penalty of E. 5, and costs. MARLBOROULII-STERET.—Yesterday Mary Ashe was charged upon a new case, with uttering a bad sovereign. The evidence adduced was, that she had uttered the sovereign to a tradesman -in Berwick street, and her tale was, that being the wife of a shoe maker, she had received the spurious sovereign of a person in payment for shoes. It is necessary, as a public caution, to state, that the piece had neither sound nor ring, and it accords with other bad ones in circulation. It weighs about two-thirds of the weight of a good one, with a brass head, clumsily endued. The Solicitor of the Mint did not think fit to prosecute upon'the single case, when the pm i roner was discharged , and the bad piece defaced. Yesterday the night charge book of St. Ann's pa rish exhibited a charge against a group of young va gabonds, who nightly prowl about the streets for the purpose of plunder, for being riotous and disorderly, and lurking about the streets. A little girl, of not more than fourteen or fifteen years of age, and of very prepossessing appearance, who although so young was leading a life of the greatest depravity, , was also charged with being connected with them. Mr. Co N A sv,cominitted the whole of them to prison. It appeared, however, that there happened to be, some person in the Office, during the examination, who was acquainted avid) the unfortunate female's family, and intelligence was conveyed immediately to her distracted patents, who had been seeking her for the last two months, without a prospect of re ceiving any tidings of her. After she had been locked . up about two hours, the mother, a very decent-look ing woman, came into the Office in a state of great agitation, and made inquiry of the Magistrate whe-: char a girl (giving a description of her daughter) had been brought there that morning.? The worthy Ma gistrate answered in the affirmative; and for the pur pose of relieving the feelings of the parent, who, in tears, explained that it was her daughter she had made inquiries after, he ordered the prisoner instantly to be brought up. While the officer was absent, the chatMagistrate h er daughterque stionedhad the beenm o f t o h u el it ' d a t u hi nd in er f" t r ic e d lost -„ disgraceful circumstances in the streets, a d trat : d that it was not through her neglect. The n io d,., whose utterance was almost stifled with e%ce‘si,; grief, assured the Magistrate that she had tak ea pains to instruct her daughter, and to instil 0 , 4 principles into her. She had been seduced from, home, and she had left W m pursul Worcestershire in • 312 r t her. She had been in London two months, an d ne ; could receive . tidings of her, until by c h ance on th e ; day. The girl was bele brought into the (Mice, oat knowing that her mother was there to meet her: 04 entering, the mother, in a flood of tears, ran to em . brace her. The Magistrate asked the girl wheal.t she would promise to reform her conduct, and wa lk home with her mother, in preference to beans stilt to a prison for a month or two? Six ansaaa e d,„,v idl , a Yes, Sir." The Magistrate gave her suitable vice, and trusted she would do so. She thenqiii :t4 the Oißee under her mother's protection. tlrsiott-Ilann.—Yesterday a man named ills; yh Job?, gigged, was brought before the sitting trate (L. B. ALLEN, Esq.),. charged with b as i n f t‘ tained goods and money -to a considerable amount, under the following circumstances : Mr. Saigent,, respectable tradesman, residing in the bent-ro 4 d, stated, that the prisoner was servant to a tientlera ta in the same neighbourhood, of the name of Wiisos. About a fortnight ago the prisoner came to hi s s b,, h and said that his mistress sent him for change of a £3O bill, Mr. Wilson being absent in the country the time. The witness replied that he could not com ply with Mrs. Wilson's request. Biggen, who had; piece of paper in his hand in the shape of 'a check directly said that he was desired if be could not pro. cure cash for the bill to borrow .C 5. Witne,s withinit hesitation gave the E. 5 to him. In the course ed the evening the prisoner c tiled in again for it (2alls ba g of shot and a canister of powder, which he said wen to be sent down to the country next morning to his master. A third time he presented himself, and Mr. Sargent asked him if he got the note cashed for his .mistress? The reply was, that he had not, but 14 his mistress wanted the lean of I:3 mote, which wit, ness also let him have. In a few days witness called upon Mts.Wilson, and spoke of the bill which lieraid she bad sent to him to cash. She replied in ainau. meat tha: she had never sent him any bill for Once any other purpose, and she also declared that shehad not sent to him for any of the articles which he ens. merated.—Two other persons came forward and staied, that the prisoner had obtained motley from them in a similar manaer to that descrilasd by the la•a witness, and that the prisoner had run up bilk with them for a variety of articles in WP:seo'; name, which had not been ordered by that tieutlemar. Mr. Wilson said, the prisoner had lived with himfe some time, and he had the utmost reliance on his in. te,?rity until the abovementioned charges sere brought against him. Ile entertained no doubt At the prisoner had defrauded a number of other . trades. men in the neighbourhood, and begged that theca should be postponed in order to give an oppontuay to a linen-draper, who has a charge to make, tocoa forward.—The Officer who apprehended the prises/ stated, that he found him at a lodging in the Beast, that he was just on the point of setting out on a shar ing excursion to a distant part of the country, and had actually taken his seat in the coach. tic was dressed like a first-rate sportsman. Fifteen sontivs were found upon him, besides rings, seals, kr— An elderly woman stepped forward and said, the soner held a watch in his possession belonging' daughter, from whom he had borrowed it, whom he had been paying his addresses. gratulated herself and her daughter at then from such a connexion.—The 31agistrate or watch to be restored to the poor woman, mandcd the prisoner. Iv iNi -a sU. In t -tits] Fn ivbi SW }lon J. spec! dou awl deth Itlca batic As the Lonii MAYOR was transacting the of the Justice-room yesterday, Mr. Itvtasr RICHARDSON applied to his Lordship, to would grant the use of the Egyptian Hall, Meeting of the Citizens who were deshous ing their sentiments upon the dismissal of BERT WILSON. The Loin) MaYon said, that upon the sion of a Public Meeting in the Egypt namely, on the Meeting of the Merchants, and Tradesmen, of the City of London, so ful an uproar was raised in the Hall, that made a declaration that he would prevent t. bility of the recurrence of so disgraceful during his Mayoralty, by withholding his to the appropriation of the Maltsion House . Meetings, except those for religious or charitable purposes. His Lordship said, he had conitindi , maintained this resolution, and had been under it necessity of giving a negative to several applicatice for the use of the Hall on political occasions. ll Lordship expressed his full concurrence with thud' jects of the friends of the•gallant individual; but, as the Chief Magistrate of the City, the impropridi of his taking any active part in the proceedings wog be evident. - The Gentlemen then withdrew, after haling tr turned thanks to his Lordship for the polite DUO in which he had received their application. Application was also made to Alderman J. l SMITH, the Magistrate for Southwark, to prositle g the Meeting to be held this day in the Boroqh, for the purpose of entering into a subscrOion for tt 2 above Officer; but the worthy Magistrate dOor l . the application, observing, &at he was not a ta r dent of the Borough, nor was the Meeting callel,t4 him. The Act required them to give hint, as etrate of the Distiict, six days notice cltheir into Iron to meet; this they had complied quently he had no authority to prevent it. He shoui• be at the Town Hall at the time, on the regular b. l ' siness c:f the Justice-room, and of course should at hand. The worthy Alderman then cautioned iben' to keep strictly to the business announced iP t": tice. They were, doubtless, aware that the Art c: Parliament gave the Magistrate power to dis - -( 66. , , Meeting, if any improper discussion arose; and c with, cont ., if called upon, must do his duty. The tvorthy der man repeated kis caution in a manner so earn' as to leave an impression that some hint had to . given that his services in that way would be rcquue. The Gentlemen of the Deputation thanked the3_ derrnan for his caution, and p r omised to me,e7 exertion to confine the discussions at the .leetioi`) the business stated in the notice to the Mai;istr.'.. LON voN. 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