The National Register. — London, England, 1822-08-25 00:00:00

111WaND. TRRIAS. Avo. 14.—Jam , s Casey and Michael Hen nessey were tried :vitt found guilty Of the murder of Eli sabeth Kelly, on the Sill of., fitly last. Trey were eg, tined 0.1 Friday labl. it appears. that on itte trial the prisoner Casey hail requested to speak with Mr. Ray mond, nue of the witnesses against him,and mat it was his (Casey's) intention. had Mr. Raymond complied with the request, to have stabbed him with a pen-knife. CORK, Au.. 16.—Informations have been lodged before the Rev. Mr. Herbert, a justice of the peace for this cone ty, of a very dreadful outrage committed in his parish, Mourne Abbey, which lies in the neighbourhood of Mallow. On the night of Siturday last, about ei) well armed, cattle into the parish, went to the houses of several farmers resident in it, and compelled them to take an oath against paying tithes, Jim Mr. Herbert hail let to his parishioners leases of his tithes, for five years, on the terms proposed by themselves, and the ruffians enquired of the tamers if they had, in any instance. taken such leases ; which in geaeral they de nted havinA done, but were afterwards intimidated into confession of having committed this crime against the ed cis of the new legislators; upon which all who had been convicted of dissi ttttt Litton in this case, were seized, (Imaged out of their houses, stripped, and flogged UPOO their naked backs with a whip. for violating, as tney declared, the orders of " General Rock." To the above outrages we are wiry to add, that a notice was on last Nlonday night posted on the Oven Church, threatening with destruction those who should pay any tithes. A large body, supposed to be White Boys, passed Gratiae lonise, at a very late hour on the Same login ; this notice was taken down the next morn nig by the Rev. Mr. Riordan, the parish priest. Mr. Pratt, the rector of the parict. is particularly moderate in his tithe charges, and indulgent m recen nig payment. AMERICAN TREATMENT OF DRUNKARDS. New Yortsc, JULY 16.—8 y an act concerning the estates of habitual d lords, passed Nlareli 16, 1821, it is enacted that it shall be lawital for the Court of Curti eery 10 exercise u jurisdiction in regsrd to the estates of persons who shall be incapable or conducting their own affairs, in cons,quence of habitual iirtitikeimess, similar to the jurisdiction exercised by that court in regard to the estates of lunatics. A commission in the nature wit de limailco tnquirendo, which was executed at the Fuldin lintel on I itursday last was provably the first proceeding which has been had under the above act.— It wit directed to Peter A. Jay, Dr. 1) flosack. Dr. Arkeily, S. S. Gairliiirr; and Henry Post, jun. com manding them to enquire by the oaths of good and law ful men, whether J. H. was incapable of conducting his o vin affairs, in conseqiience of nabitual drunkenness, and if so, then to run:lmre concerning his estate, ace.-- 'lite jury having been sworn and charged by the pre siding commissioner, Mr. I..),vckinati, solicitor for the petitioner, exll a several witnesses. I),. COCk tesidied that lie nail attended Mr. H. three or four Lliiat'S S% I hid the last two )ears, ior Illallla, protltit:cti by intoxication. Dr. SC4111:111 had amended him, togethzr won tiie lasi witness, twice during the lasi )ear. Both the pitysiciabs were very certain that these attacks, which were very severe, and each of winch lasted several weeks, were 0,- ca.iutied by excessive intemperance. They had cautioned hinr repeatedly, but in vain, against the use of ardent spirits. A number of other witnesses, the friends and relations of Mr. H. testified that for a long time past he had been in a state mushy unfit for the transaction of business, being continually either in a state of intoxica tion, or suffering tinder the consequences of it. Mr. H. stielided in person, and cross-examined some of the wit nesses, bin ins appearance and manner were strung tes timony against limn. It appeared that lie was a grocer, that he hail begun business with little or nothing, and by industry and good management had aCClllnillated a handsome fortune, which he was now wasting: His faintly had applied to the Chancellor for this commission as the only means ot saving him Irons ruin. testi. ninny being of the strongest kind, without any hesitation signed all iiiqtaisition fimling him incapable of conducting his own atlairs by occasion of habitual d r kentiess.— A committee will now he appointed to take charge of his estate, and his own acts in relaion to it will b.: void. VOYAGE Or I)ISCOVERT. Cotiiiiik corvette, co 11111 l audio(' by !U. Duperrey, Lieut. de Vaitiseati, the fiiiiiig nut of which has occupied some months at Tou lon, sailed from that port on the 11th of the present She is ab itit to undertake a voyage, from which results interestitig to the progresss of geography and physical scietice may be expected. The Gcluille will first sail for the Cape of Good Hope. She will alter wards proceed to the Great Archipelago of Asia, several parts of winch she will explore. Site will al.° visit the points of the western coast of New Holland, w hien were observed towards the last, and commencement of this ceitimy, by Hear-Ailmiral kmirecasteatix, and Capt. ; and after pouting into smile of tile islands of the Pacific OCCall, discovered by Cook and liougain. Ville, she will return to France i y doubling Cape Horn. Al. Duperrey is to avail Maisel! of all the lavourable eircuinst.inces which this long voyage way present, to make ditierent observations relative to the configuration of the globe, the titchtiation of the needle, Sr.:. S....veral of the ii embers of the Academy of Sciences and the Office of Longitude have manifested their zeal in corn nitinicati..g to him instructions for that purpose. No titeaus which ennui pftp.lre the success of tins vapedition have been tiegltcted. 'Die corvette has been fitted out with particular care. Tia crew consists of picked sea men. Letters of recommendation are lurnished to the commanders of such foreign establishments as the Co ol.ly visit. Finally. the zeal of all the supe rior lacer; adonis feasoll to hole that the mission uu trusted to Mem lAsll be ciecuted ttt the must satisfactory 104110er. THE NATIONAL REGISTER ASSIZE INTELLIGENCE. BRISTOL. Doe, DEMISE OF HILL o. CRESWICEE. This was an ejectment brought by an uncle to recover certain property from the hands of his niece. The lady defended for, Mary Matilda Creswicke, being a minor, her father, Humphry Creswicke, stood as defendant upon the record. The case, which was oue of some hardship, ran thus:—Mr. Benjamin Hill, of Baldwiu-street, Bristol, died abuat 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 tar children, sons or daughters. At the time when the testator made his will, Mary Matilda Creswicke, had a daughter, di, present do facto de fendant ; and a son who was living at that lime being since dead, that daught,r, the present Mary Creswicke, be came entitled to the property. Mr. Gaselee, who led the case of the plaintiff.—John Bart lett Hill proposed to prove the defendant, Mary Matilda Cres wicke, an illegitimate child ; she having been born in the house of her grandfather before her mother's marriage with her re puted father, Humphry 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 Humphry Creswicke and Mary Matilda Hill. It wan dated July. 1806. Mr. Thomas Strickland, attorney at law, who made the will of old Benjamin Hill, and who bad been acquainted with him for many years previous to his death, swore that the present Mary Matilda Cresssicke was born many months befor.: the marriage of her mother, and while hsr mother still passed by her maiden name of Mary Matilda Iftf!. The fact at the time was generally notorious in the neighbourhood. Croat§ eamuined'—The witness admitted that Benjamin Hill, the testator, had always treated the present defendant as his grand-daughter. Mr. Sergeant Pell, for the defenc •, dwelt upon the ungra cious nature of the action, and contended that Mr. Strinkland's evidence was too general to sastein a verdict. Th..re was a farther point fur the consideration of the jury ; a marriage be tween Humphrey Creswicke and Mary Matilda Hill ini4lit have bike') place secretly, prior to the public manner of 1806. If Benjamin 11111 had not been satisfied with the conduct of his daughter, he would not have behaved so favourably to bee and and her children. Mr. Juntice Burrough said that the Jury would not be war ranted in presuming a prior marriage. The question was, whe ther the defendant was a legitimate or an illegitimate child; and that question must be decided upon the evidence of Mr. Strickland. The Jury retired for shoot half as hour, and at the expiration of that time found a verdict for the plaintiff. PIVVIN A?D 111 SBASO v. ELLIOTT. This was an action for negligence by the defendant. whereby dangerous injury accrued to the plaintiff. Mr. Elliott,* butcher, residing in Bristol, puts a screen over the the front of his shop, to protect his meat from the heat of the sun. 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 iron of it, was knocked down bj the blow an.t .ery seriously hurt. It appeared from the evidence on the part of the plaintiff, that the accident happened about six &cluck in the evening.— Mrs. Pippin was conling along with a pail of grains upon har head. When she struck herself against the screen iron she fell with her head upon the curb-stone ; she was taken up in sensible, and carried into the defendant's shop. After smile time the plaintiff was taken home in a chair. She was evi dently much hurt. Four doctors attended her, but she re covered notwithstanding. She remained ill and incapable of work for nearly live months. Mr. Sergeant Pell, fur 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 mud of reasonable rare by the plaintiff, there could be no recov cry in the present action. The d dentition of the plaintiff, as soon as site was brim& to herself, and while she was still sitting in the shop of the plain shop nt 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 happened." Mr. Adam, in reply, insisted tkat there had been no culpable carelessness on the part of his client. Burrough said, that the fact adds screen having been left out after dark, would of itself base been sufficient to support an indictment ; but an action for damages must stand upon different ground. Now the jury would dismiss from their ininns altogether the argument as to the plaintiff's having a pail upon her head , she was entitled to carry the pail upon her head, 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 ot going along the streets, towards the evening particularly, with their goods upon their heads, and the streets must be kept clear that they might so pass along in safety. If the jury were *mistiest that the plaintiff had sustained injury, they would understand that she bad sustained it in the ordinary and lawful exercise of her occupation, and they would be bound to give her such tempe rate damages as might recompense the personal suffering to which be had been subjected. Tb e jury, alter retiring for a few minutes, found a verdict for the plaintiff—Damages 301. RANKIN O ACRAMAN AND OTHIRS. TUESDAY. AUGUST 20.—This was au a..tion for a nuisance. Mr. Adam led on the part of the pidtutitt and Mr. Ser o eiint Pell appeared for the defendants. The plwintili is a timber-merchant carry.ig on business in Bristol ; the defendants are great anchor-smiths, hating cuuti guous premises in the same city ; and the complaint WAS, that Messrs. Amanitas had of late much extended their manufactur ing operations, erecting new furnaces, forges, and engines, whereby so much smoke and foot was driven into the deal jard of .‘lr. Rankin, that his goods were injured, and his repusitury rendered untenable. . It appeared faun the evidence in support of the case, that the inconveuienne. sustained by Mr. ltankio was considerable. Near live and thirty Hues ran from the manulactui.i of the defendants, which covered the timbers of the plaintiff with grit and soot to such a degree as diminished tbesr saltable value. Mr. Sergeant Pell relied, for Messrs. Acrstnans, die delta • dents, upon slowing that the priority of occupation was in them; and that the plaintiff Or. Rankin) hair tales; bt premise► sub ject to a very material proportion of the moot eumuce lie now complained of. Mr. Justice Burrough, when the cause had occupied some time, suggested the advantage to both parties, of a reterence.— It was well known that these cbeinnet s could be trade to con sume their own smoke. ..... Mr. Sergeant Pell said, that be would make the plaintiff an offer. The defendants were willing to tsar his yard alt his hands, at any rent which a hur appraiser might put upon it. Mr. Justice Barroo.;11 tiwujlit the piop.,uat extremely tea- 277 . sonable ; but terms could not be @greed upon, and the ow-, proceded. Mr. Sergeant Pell then addressed the jury nn the part of the defendants, and was on the point of sitting down at the con clusion of the address, when the plaintiff agreed to refer all matters in difference. Mr. Justice Burrough commended the determination. A Juror was then withdrawn by consent, Messrs. ACMI2I2I Ole understand) being to take Mr. Rankine/ premises. NORTHERN ClRCUlT.—Arimanv, Atio. IP. The Lord Chief Joslice having this day opened th• commission and gone to church, presided first at Nisi Prins, and afterwards tried the prisoners. John Paxton, a decent looking swan, about 51 years of ace, stood indicted for stealing a grey mare, the property of John Whitearnith, of Tailhert, in the parish of Ship, on the 21st day oh May last, which lie fold for el. The evidenee toeing clear and deeisive, the prisoner was found guilty death. John Austin, a young man 'bunt 0 years of age, stool indicted with feloniously and maliciously slaying, coffin and maiming lee sheep, otherwise ewes. otherwise tee lamb., the property of Mrs. Mary Close, widow, on itte 9th of May last, at a place called Winton Gill, or Hill. Mr. Courtney conducted the prosecution. Joseph Close, son of widow Close, deposed as to the tar 1. John Hardcastle corroborated the former witness as to the store in w Web the sheep were found, with their throats cut. &c. on the moil,. of the 9th of May last. The prisoner, in his ' defence, told an unemberreeeed plain story about the Closes continually kenneling his meow tees sheep, and assaulting him, winch put i/1111 in peril of his life, and witness 's master, satisfied with the malice they bore him, did all he could to protect him (the pets boner) as his servant. Mr. Alderson submitted the point of law, whether me.. lice being proved on the part of the prisoner towards the sheep Isom the act of coming their throat's, or towards the two brothers, would amount to malice towards the wi dow Close, whose property the sheep were, with whims the prisoner never had any !ion so as to inter malice towards her; and if so, whether 11114 would ansimitt to maliciously cutting and niiiiming within the aseautug of the Act of Parliament. _ The Lord Cotet Justice said, he should reserve the point for the consideration of the Judges. He remarked upon the inconsistency of the Closes, and left it to Jury to find their verdict of guilty or not guilty. If they low .1 the prisoner guilty, they would say whether the killing and manning was with malice towards the owner of this sheep, or towards the sons of the widow Close. The Jury found the prisoner guilty from malice, not towards the sheep, or widow Close, the owner, but from malice towards her sons, Joseph and Wiltiam Close.— Sentence of death respited lOr toe opinion of the twelve Judges. MEETING TO RAISE A SUBiIItiPTION FOB f 77 if • FORTUNATE 11 RN Is. On Monday evening, at eight o'clock, a meeting was held at the Whi . .e Lion public-house, St. Alhan's-place s for the purpose of raising a subscription for Byrne, the unfoitunare man who was public!) , whipped in Ireland on the MI - anions charge preferred against him by the Bishop of Clogher. Tire room in which the meeting was held being very many persons could trot gain admittance. Had it been more sA to it would have been cratnitied.—. Numbers were staading ni front of the horse. Ex-Sheriff' Nest N 9 tank the chair, at the unanimous wish of the company. Ott doing which lie took a re new of Byrne's ease, and concluded with an appeal to the emit patty to promote as h as possible the otjtct for winch they had met, A Mr. KAVEDIAGH next addressed the meeting.—He said, that he was chairman at a meeting at the York Minshr Tavern, Ninth A tidley-street, where a subscrip tion haul been raised for unfortunate Byrne, whose se vere plinishinert he had witnessed in Dublin, arer har ing been coovicted on the charge of the 13:shop. On that oceasirm Byrne, who was a line looking young man, Wall tied to a car, and whipped hy •,u athletic MIMI, the dis tance of a mile and a halt, at leegth he became so exhausted as to loose the use of his legs, but still the punishment was continued. Sa enraged were the mul titude that followed, at the plea of Byrne's crime, that, although he had received the selere punishment, they called out to the I.loler to lay it on him, arid the popu lace seemed to exult and carmuler tile inutishitient too lenient, so lugh was the Bishop of Clogher in their estimatiou. On his being Fellow ed from thecae he was covered with blood, and missies of every descripti 111 l , which the mats ltn l p••lted at hint ; and he (Mr. K.) War one of the most motions to punish him in this way, SO eXCCSSIre was his indsgoation at the insult finer, d to the Protestant Church. Na one could regret more than lie did that he had taken to active a part, and now he felt desirous to promote t h e welfare of the individual so much injured. lit the course of the evening several other speeches were delivered, and a subscription was entered %M 0..... resolutions We're proposed anti carried, and it if the Intentioit to raise a subscription to enable Byrn.. to t titer itita some busiucss, Wittrrby he may live eons. furtably with Ica faintly. Uu Mon•lov of at eight o'clock, being high wauer, Lord Hemlock r.ul neatly fallen a sacrifice to the w ttery element, in einistipience of cootintung nut of his tteptii, fri.nt uite of the Lathing machines, situated to the westward of LeWeb, lint far from his present reii• deuce, Velhant.plact 1.10. lordship was suddenly seised with cramp. and front his calling out, his danger was immediately ascertained by two sailors, who with pronitt ' le launched a boat from the shore to his assistance, add we have touch pleasure in coot nunieuting, tescuul his lordship front his perilous situation. On Tuesday last, one of the Bligitton csaehes passim{ by the Asylum, in consequence of the pole breaking, and the homes bi.coming u manage .ble upset. by which unfortunate accident several of tne pectsengers racuiveti ratuus injnry, and a child %ea very much butt. .l ..., • _. '