The National Register. — London, England, 1822-08-26 00:00:00

Fr IRELAND. TRALSR. Ann. 14.—Jam , a Casey and Michael Hen nessey were tried yid loom, guilty of the molder 01 Eli zabeth Kelly, on the alit of J ely last. They were exe cuted no Friday :att. It appe ere, titti on the trial the pr.solor Cesey haul requie,ted lit we .k %%lilt Mr. Ray. mood, one of the wiiiiesses attains' hint, and tilat it was his (Casey's) intention, had Mr. Raymund complied with the request, to have stabbed non with a pen-kettle. CORK. AUG. 16.--.llt:oritiati.etis have been lodged before the Ws. Mr. Herbert, a justice of the peace liar this cont.ty, of a sery dreadful outrage committed in his parish, Mourne Abbey, which lies in the neighbourhood of Mallow. On the night of Saturday last, about 21) men, well armed, Caine into the parish, went to the houses of seser el farmers resident in it, and compelled them to take an oath against paying tithes, &c. Mr. Herbert hail let to his parishioners leases of his tithes, for five years, nit the terms proposed by themselves, and the ruffians enqisired of the farmers if they had, in any instance, taken such leases; which in general they de. nied having done, hot were afterwards intimidated into confession of having committed this cruise against the ed e s of the new leeislatois ; upon which all who had hero consisted of dissi 1111 l I ,uots tit this case, were seized, dratozed out of their houses, snipped, and flogged upon their naked backs with a whip. tor violating, as they declared, the orders of " Genoa' Hick." To the AbO.o outrages we are wiry to add, that a notice was on last Monday night posted ma tile Oven Church, threatening with destruction those who shined Ay any tithes. A large body, supposed to be White Boys, passed GrJII2C hollse, at a very hale hour on t h e Lime night; this notice was !Alcoa down the next morn ing by the Rev. hlr. Riordan, the parish priest. Mr. Pratt, the rector of the pansia, is particularly moderate 111 his tithe charges, acid indulgent in recessing payment. AMERICAN TREATMENT OP DRUNKARDS. NBW YORK, Jot.Y i6.—By an act concerning the estates of habitual drunkards, passed March 16, 1821, it is enacted that it shall be lawn, for the Court 01 C 11.111• Cerl/ to exercise a jurisdiction in regard to the estates of persons who shall be incapable of conducting their own affairs, in consequence of habitual itrinikeimess, iuttlar to the jarisdiction exercised by that court in regard to the estates of lunatics. A commission in the nature of writ de lunelico inquirendo, which was executed at the Futon Hotel on 7 iturstlay last was probably the first proceeding which has been had ler the above act.- 1.1 was directed to Peter A. Jay„ Dr. I) Hosack, Dr. Ackerly, S. S. Gardiner; and Henry Post. jun. com manding them to enquire by the oaths of good and law ful wen, whether J. H. was incapable of conducting his own affairs, in consequence of habitual drunkenness, and if so, then to enquire concerning his estate, Sec.— The jury having been sworn and charged by the pre sidtug co 11111 l issioner, Mr. Dycktuan, stslicitur for the petitioner, called several witnesses. Dr-Crick :estified that lie hail atiended Mr. H. three or four times tai hin the last two years, :or mania, produced by intoxication. Dr. Seaman had attended hint, toixtlm with the last witness, twice during the last year. Both the physicians were very certain that these attacks, which were ttly severe, and each of which lasted several weeks, were oc casioned by excessive intemperance. They had cautiened him repeatedly, but in vat's, against the use of ardent spirits. A number of other witnesses, the friends and relations of Mr. H. testified that lor a long time past hr hail been in a state totally unfit for the transaction of business, being continually either to a state of intoxica tion, or sufrerisig tinder it e consequences of it. Mr. H. attended in rrson, and cross-exansined some of the wit nesses, but his appearance and manner were strung tes timony against I . It appeared that he was a grocer, that lie had begun business with little or nothing, and by industry and good management had acc 111111 l !aka! a handsome fortune, which he was now wasting: His family had applied to the Chancellor for attic 1111111 l 141011 as the only means of saving hint from row The testi mony being of the strongest kind, without any hesttatton signed au inqinsition fi n ding I • incapable of conducting his own aflairs by occasion of habitual drtitskenness.— A committee will now he appointed to take chirge of his estate, and his own acts in relaion to it will bt void. VOYAGE or DISCOVERY.-- the Coquille corvette. e mimanded by M. Duperrey, Lieut. de Vaisya'', the fi ang out of which has occupied some months at ToU -10 I. mailed from that port 011 the II th of the pr..seiti M nob. She is about to undertake a voyage, fr•int which res Its interesting to the proaresas tit geography and physical science may he expected. The equine will first sail for the Cape of Good Hope. She will ader• wards proceed to the Great Archipelago of Asia, severai parts of which she will explore. Site will also t isit the points of the western coast of New Holland, wild: , were observed towards the last, and commencement of this century, by Hear-Admiral Emirecasteaux, and Cap. liaudin; and after putting 11110 liOlllC of the islands id the Pacific Ocean, discotered by Cook and lisuimain. ilk, she will return to France t.y doubling Cape Hum M. Duperrey is to avail himself of all the faint:tripe circumstances which this lima voy age may resew, to make different cdoervations reknit e to the configuration of tie gldue, the inclination of the needle, &c. br...serai 01 tl e members of the Academy of Sciences and the Office of Longitude have manifested their zeal tit com ntunicatim; to I instructions fur that ptirpoe. No meat a oh ch could prepare ihe success of slits txpeditton have been negLcteil. Tile corvette ham been fit,e.l out with part' .ular care. The crew consists of picked sea semi. I event of recommet dation are I ttttt islicd to the amnion &Ira of such foreign establishments as the (*o riel* may 'ilk. Finally, the zeal of all the supe rior lacers alior‘ls reason to hope that the tnitf , tl to th•tu will be egcct tab us the Amu satiafactury Gunner. THE NATIONAL HEM: ASSIZE INTELLIGENCE. BRISTOL. DOZ, DOH ISE Of HILL IL clime's. This was an ejectment brought by an uncle to recover certain property from the bands of his niece. The lady defended for, Mary Matilda Creswicke, being • minor, her father, Humphey Creawieke. stood as defendant upon the record. The case, which was one of some herdship, raa thus : —Mr. Benjamin Hall, of Baldwin-street. Bristol, died &boat the middle of the year 1809 ; and passing by his son, the plaintiff in the present cause, left his property to his married daughter, Mrs. Mary Matilda Creswicke ; at her death to her children, sees or daughters. At the time when the testator made his will, Mary Matilda Creswicke, had a daughter, the present do facto de fendant; and • son who was levier; at that time being since dead, that daughter, the present Mary Matilda'Creswicke, be came entitled to the property. Mr. Gaselee, who led the case of the plaintilf.—John Bart lett Hill proposed to prove the defendant, Mary Matilda Cres wicke, an illegitimate child ; she having been born in the horse of her grandfather before her mother's marriage with her re puted father, Humpbry Creswicke, and while her mother did, In fact, still pass and go by the name of Mary Matilda Hill. The certificate of marriage was then put in between Hamphry Creswioke and Mary Matilda Hill. It was dated July, 15110. Mr. Thomas Strickland, attorney at law, who made the will of old Benjamin Hill, and who bad been acquainted with bits for many years previous to his death, swore that the present Mary Matilda Creewicke was born many months before the marriage of her mother, and while her another atoll passed hy her maiden name of Mary Matilda Hill. The fact at the time was generally notorious in the neighbourhood. Cross examined'—The witness admitted that Benjamin Hill, the testator, had always treated the present defendant as his grand-daughter. Mr. Sergeant Pell. for the defend , dwelt upon the engra- Oleos nature of the action, and contended that Mr. Strinkland'a evidence was too general to sostein a verdict. There was a farther point for the consideration of the jury ; a marriage be tween Humphrey Creswicke and Mary Matilda Hill might have taken place secretly, prior to the public manner of 1506. If Benjamin Hill bad not been satisfied with the conduct of his daughter, he would not have behaved so favoufably to her and and her children. Mr. Justice Burrougb said that tbn Jury would not be war ranted in presuming • pier marriage. The question was, whi ther the defendant was a legitimate or an illegitimate child ; and that question must he decided upon the evidence if Mr. Strickland. The Jury retired for about half an boor, mad at the expiration of that time found a verdict for the plaintiff. PIPPIN AND HUSBAND IA ELLIOTT. This was an action for negligence by the defendant, whereby dangerous injury accrued to the plaintiff. Mr. Elliott. a butcher, residing in Bristol, puts a screen over the the front of his shop, to protect his meat from the beat of the son. On the Ist of of October last it happened that the screen was left out after dusk ; and Mrs. Pippin, a milk-woman, striking herself against the iroa of it, was knocked down by the blow ana very seriously hurt. H appeared from the evidence on the part of the plaintiff, that the accident happened about six o'clock in the evening.— Mrs. Pippin was coming along with a pail of grains upon her head. When she struck herself against the fell with her head upon the curb-stone ; she was takes op in sensible, and carried into the defendant's shop. After some time the plaintiff was takes home in • chair. She was evi dently much hurt. Four doctors attended her, bat she re covered notwithstanding. She remained ill and incapable of work fur nearly five menthe. Mr. Sergeant Pell, for the defence, contended in the first place, that admitting negligence to have occurred on the part of the defendant, still, if there had been a want of reasonable earl by the plaintiff, there could be no recovery in the present action. The declaration of the plaintiff, as soon as she was Weight to herself, and while she was still sitting is the shop of the phis shop of the defendant, clearly proved what, at that time was her own view of the case ; she said to Mr. Elliott, " the fault was my own ; if I had let go my pail the thing would not have happeoed." Mr. Adam, in reply, insisted that there had been no culpable carelessness on the part of his client. Mr. Justice Burrough said, that the fact of this screen having been left out after dark, would of itself have been sufficient to support an indictment ; but an action for damages must stand opoo different ground. Now the jury would dismixe from their minas altogether the argument as to the plaintiff 's having • pail upon her head ; she was entitled to carry the pail opus her bead, and to walk upon the footpath with it, and to walk unob structed as far as any reasonable height with it. Artisans of every description were in the habit of going along the streets, towards the evening particularly, with their goods upon their heads, and the streets most be kept clear that they might so peas along in safety. If the jury were satisfied that the plaintiff had sustained injury, they would understand that she had sustained it in the ordinary and iawful exercise of her occupation, and they would be bound to give her each tempe rate damages as might recompense the personal buffering to which she had been subjected. The jury, afier retiring for a few minutes, found a verdict for the platuutf—Damages $Ol. RAE V ACRAWAN AND OTHERS. TUESDAY. AUGUST 20.—This was an action for a nuisance. Mr. Adam led on the part ;f the plaiotill, and Mr. Ser o rrant Pell appeared for the defendants. The plaiutiff is a timber-merchant carrying on business in Bristol ; the defendants are great anchor-smiths, having conti guous premises in the wine city ; and the complatot was, that Messrs. At roman. had of late much estended their manufactur ing operations, electing new furnaces, forges, and engines, whereby so much smoke and foot was driven into the deal yard of Mr. Hankie, that his goods were injured, and his repository rendered untenable. It appeared from the evidence in support of the ease, that the incouvenience sustained by Mr. Rankin rr as considerable. N car live and thirty dues ran from the manufactory of die durendants, which covered the timbers of the plaintif f with grit and soot to such a degree as diminished their tradeable value. Mr. Se r aaa I Pell relied, for Messrs. Acraumus, the deka dant', upon showing that the priority of occupation was Mittens: and that the plaintiff(Mr. Rankin) heti talen Its premises sub ject to a very matenal proportion of the iocouveuieuce be now complained of. Mr. Justice Barroagh, when the cause had occupied some time, 'Ne i :eater' the advaotage to bolo parties, of a reiCrence.— It was well kuowo that these chimneys could be made to CUY• clinic their own awoke. Mr. Sergeant Pell said, that he would make the plaintiff an uiterr. The derentisats mete undo% to take his y and uli Ingia4s, g say rent which a lair appraiser au‘ty. pig epos it. Kt. Jetties Barrant limiest the popes& awe:rusty res. 1 • ~- ~ . •• - 7 . seeable ; bet terms could *et be agreed epee. sad the eases presided. Kr. Sergeaet Pen thee addressed tie Jury is the part of the defenders's. sad was ea the pilot of sitting dome at the es.. elegies of the address, mites the pisiatif agreed t• refer all matters is differeace. Mr. Jesting Berme, eoluseeded the determination. A Juror was thee withdrawn by ronseni, Messrs. Amami (we understand) being to take Mr. itaiskina's premises. NORTHERN CIRCUIT.—ArtuisT. Avo. IL The Lord Chief Justice having this day opened the commissios and gone to church, presided gm at Nisi Prins, and anti-wants tried she prisoners. Jahn Pastan. a decent looking men, sheet 51 years of age, stood indicted for stewing a grey mare, the property of Juhn Wisitesmith. of Teilbert, in the parish of Shop, on the 21st day of May last, which he sold fur SI. The et idenee being clear and decisive, the prisoner was fared guilty death. John kinds. a young man about ft years of age. stood indicted with feloniously and maliciously slaying, coning and maiming ten sheep, otherwise ewes. otherwise ten lamb., the property of Mrs. Mary Close. widow, ow the 9th of May last, at a place called Winton Gill, or Hill. Mr. Courtney comfits-led the prosecution. Joseph Close, son of widow Close. deposed as to t h e tar t. John Hardcastle cortoburated the former witness es to the stale in which the sheep were found, with their thrusts cut. am on the ev • gof the 9th of May last. The ',rimester, in his defence, told an susenstsairaised plain story 'shout the Closes contionally loonding his mass Sir's sheep, and assaulting him, which pot burrito peril of lilt life, and witness's master, satisfied wills Ike malice they l ore hint, did all he could to protect him (the pri soner) as his set vent. Mr. Alderson submitted the point of law, whether me. lice being proved on the part of the prisoner towards the sheep from the act of ensuing their throat's, or towards the two brothers, would rmutint so malice towards the wi dow Close, whose property the sheep were, with *horn the prisoner never had any communization so as to inter metier towards her ; and if so, whether this email amount to maliciously cutting and maiming within the meaning of the Act or Parliament. The Lord Oiler Justice 114111, he should reserve the point for the consideration of the Judges. He remarked upon the inconsistency of the Closes, and left it to J.iry to find their verdict of guilty or nut guilty. If they !Mind she prisoner ',silty. they would say whether the killing and maiming was with malice towards the owner of the sheep, or towards the sons of the widow Close. The Jnry found the prisoner godly fume malice, not towards the sheep, or widow Close. the owner. but from malice towards her sons, Joseph and William Clime.— Sentence of death respites' fur the opinion of tire twelve Judges. 'ETING TO RAISE A SUBWRIPTION FOB UN- FORTUNATE BiliN Li. .....ww.- On Monday evening. at eight o'clock, a meeting wis held at the Whi . .e Lion public-house, St Alhan's-place, for trot purpose of raising a subscription fur Byrne, the unfortunate man who was publicly whipped to Ireland out the infamous charge preferred against him by the Bishop of Clogher. 'roe mom in which the meeting was held being very small, many persons could not gain admittance. Hall it been more spacious it would have been crammed.... Numbers were standing in front of the house. Ex•Stieriff PARKINS took the chair, at the unanimous wish of the company. On doing which tie 100 k a re view of ll ruts case, and concluded wait an ..ppe d to the C0,1111;111) , to promote as much as possible die irj .ct for which they had stet. A Mr. KAVNIKAGISI next addressed the ineetine.--lie slid. that he was chairman at a meeting at the York Minster Tavern. North Autliey.street, where a aiste.crip. lion had been raised for sittiortunate Write. whose se vere punishment he hail wituebird in Dublin, al'er har ing been convicted on the charge of the Bishop. o.a that occasion Byrne, who was a fine looking youtia wail, was tied to a car, and whipped by ti athletic matt, the chi lance of a utile and A bill. at length he 1k cam.. so exhausted as to loose the use of his leas. but still the puttislitnent was continued. So cur teed were ilie 'nude that folimsed. 31 the plea m B,roe's crime, out. although he had received the lieVerr pulotshun nt, tote galled um to the Littler to lay it on lulu, and the slytt. lace aerated to exult and c.itis der the punialiment too lenient, so high was , he B.snop of CnAller in their estimation. On his tieing tenon eti it tie ref tae was • covered with blood, and iiiirisles ul vs,ry debt:lop 0000 , winch the mob load p•lied at was one of the 111061 atixion• W prim, 1111 l nit- nav, an e/lreliVe was MS l oW lKnannll al lIK 111.1111 oiler nAO ilie Protestant Church. No our C.iillit retort he tlul that lie had I sliest so dom. a ~ a rt, 411.! now he destructs ht 1 11'11111We like Neli s are rill the ismoridnal so witch minted. lit the course of the evening several oilier speeches were delivered, and a SOONCIII*104) 1145 eta ered Several resolu.tons w. re proptseil aud caret. d, atvl it is the intention to case a I n . sertptitoi 13 ) , 11 , I, titer into some hositiess, %whit) h • Ivy Ilse Cool fortably nit its ly. 011 NI , 11.1.. V 1110r11Ing, al rit4tit so.•k, t.r•, L.•fti 11:11 L steady ~ .ISt is .t r .I.r W It. I y ciclurnt. in co tt s.l l l, t u x , u rutn,, , ~, _ 4 , 1 5 .. 3 ticpt .1 , time the I..tthisitt sit Whin . 1 , 4' , ..411; 0 . .the wr.tivira ltl Lrn rs, tint tar irtttsi flit sit dram:, Velii.iinvlict 11115 Lir 5541 •.I , !sirt IV W , lll crAtirr, ast.l his • al:11 •t it :%e.•rt.ttstvd 111 Mil 'I IiIII•le IsVIIICOIetI • ••113l fr.hh 5.• . t •I n-.•,.1.551 W..• 110' 111,1:' - I t t.1....3‘5 • C . • ' • 1.1(..11•11.1 .1•0111 Its Inv • • • . , OA ,V I • 1 Alt% .$ll. I:I • . • 411.1 t..•• ' ihiihriihime act:kit-tit ik s.la* th..that tabentsl ris,lss 11 j•.fy, Cnild . imeeititolll, , 4 L e: