The Statesman. — London, England, 1818-07-25 00:00:00

~tf CSR ate /pc Ibc Lipw.r 91Ikv . e. 4• r !Pr - .1- - • . . F `.. P • r .. I- 4. r, li $ 4 ( !` , . • 4g . . -dere of the application. With respect to the pre sent case, what the effect might be he did not know. One instance had been adduced, that of the Engteby family, in which a licence had been granted by the Crowu to retain a maiden name. This was ft case, however, in which- it did not signify one farthing • whether the grant bad or had not operation, because here the lady desired to have her family name al though she married, not on account of the forfeiture of say estate, but merely out of respect to those who had eon" before her. The SOLICITOR GENERAL thought the grant might have had some effect in remainder. The Loan CHANCELLOR was aware that in some eases Parliament would go great length+. He recol. !Feted the case of a Gentleman of great fortune, re siding in Warwickshire, who wished to take a par. Caviar name (say A. B.), which had the effect of de feating the title of those who took under a will, un itise they assumed this particular name. This the Parliament had had no scruple to grant at that period; but he very much doubled whether a Parliament Would now pass such an Act. Mr. flint recollected a case of a similar Wore, 14 which Sir Henry Vane Tempest was concerned.— Iv was imposed upon him to take a family name, and Sy Henry made application to Parliament, and a Bill we' passed accordingly. - - The Lotto CHANCELLOR said, that the difficulty he had ties to know in what situation this Lady's pro perty stood. Tar Soracreon. GENERAL observed, that the Gen tlemen who had made the proposal of marriage had fortune much superior to that of the Lady, and there fore there would be no difficulty in that respect. It was evident that he had been actuated by no pecuniary inducement. The LORD Cuatactr.r.on was perfectly aware of that fact; but what he wished to know was, what Weald be the effect if he granted this motion ? 'The SOLICITOR-GENERAL said, that both the Dady and Gentleman were ready to run any risk of inst kind. He did tot know, however, whether his Lordship would allow it. In order to give further satisfaction to he Court, he would make further en• (Wrists, end would also obtain the Act of Parliament afloded to by Mr. Hart in the case of Sir Henry Vane Tempest. lILACR AND HULL V. THE MARQUIS OF HASTINGS AND OTHERS. Sir S. Romilly, on the part of the creditors, hay ing yesterday moved, that a sum of 85001. should he forthwith paid into Court by Mr. Evans, one of • the Defendants„ who had been appointed the trustee and solicitor to the estate of the Marquis of Hastings, which was ordered to stand over. • Mr. HART this day proceeded to argue on the same tide. He felt confident his Lordship would, under all the circumstances of the case, order the money to be paid into Court, without prejudice to the trustees. The Noble Marquis, in the year 1813, was indebted to the amount of '204,0001. for which he gave bonds, and appointed the Defendants, Messes. Evans and Clarage, his trustees, for the purpose of receiving the rants and profits of his estates, with which they were to liquidate the claims against him. They, the two Defendants, he contended, were not solely the trustees of the Marquis of Hastings, for they held the trust for the benefit of the creditors also, who since the ex ecution of the trust deed had only received one per cent. on the amount of their debts. The Defendant Clarage certainly had nothing toeccount for; but the Defendant Evans, who held the proceeds arising from the estates, had.—(Here the Learned Counsel went over the various sums received by Mr. Evans, as also the sums charged by him for law expenses.)—He did not wish to say the accounts were inaccurate; but he must contend that Mr. Evans had no right to retain his law expences. He ought to account for every farthing; and if he had any charge against the estate, he ought to apply to the Court, when a re ference to the Master would be directed ; and lie wnold, if they were found to be correct, obtain what ha applied for ; -and Mr. Evans, especially in his cha racter of Solicitor, as well as a trustee, ought, in his (Mr. Hart's) opinion, to wish his accounts to be in spected. He concluded by praying his Lordship to order the money to be paid as prayed for. Mr. Wiwi argued in support of the same opi. niens. Mr. WrrHERELL, for the Defendants, contended the present motion was not only ill direct opposition to the general practice of the Court, but against coat. MTh justice. It had been necessary to obtain two Acts of Parliament, the one for the exchange of the family estate of the Countess Loudon, which was to be sold, and the other for the sale of an estate which had nothing to do with the exchanging : the first only being ',whinged in order to sell the one beloogiog to the Countess Loudon, received in return for the purpose of liquidating the debts of the Noble :Marquis, great ripener had been incurred in obtain. ill those. Acts of Parliament, the espence of which, as well as the other charges, Sir Samuel Itomilly had very properly for his own Client abstained from en tering into. The Defendant he contended was called on by the Plaintiff to pay into Court every shilling he had in his hands without any chance of receiving any of his costs, unless he commenced a suit in the Mister's Office. The sum of 85001. he felt confident, would not he held by the Court, as unjustly kept bark by the Defendant, when the vast expences he had been at were taken into consideration. Mr. Evans had sworn that a much larger sum was doe to him than he had retained in his hands, and in answer to the observations respecting a Solicitor being also a trustee, he must give it as his opinion that no private gentleman would have undertaken it. The Leno CHANCELLO asked Mr. Wetherell if he had any objections to the particulars of the charges of Mr. Evans been handed over to the Plaintiffs, and its the meth time to let the present motion stand over f o r ten days. Mr. WETHERELL said he had not. 'fhe LORD CHANCELLOR said it was not uncoils. won that a professional man should be appointed a trustee. The appointment of arbitrators was a ne cessary precaution, although the Court would, in eases of necessity, interfere where a person held the situatiotts phere Mr. Evans did. His Lordship did 'ot think it right to press too hard on persons hold ing such a trust; fur it was a matter of astonishment to his Lordship how any person could be"foind to eke upon hintself suck a task. Mr. ESAllle+-" MY Lullda actually ff Iced _ years, . coal-m,•rcisaat. an (la►k, Mr. Joh n •••••=mIIII ippe! peilons r -41 plank iftPt n ikerefit fl vli- iota ' *1 ioMrtf~l, r~ rod 51 Pr 60.4 I $i it pirinwe jits ei , Ntaplailas Kel i t riT o 40 11 mi l ROI leis* *reply. A - 441, alter toOpplitifahl Po the )111 it dbei 4 .. - bourn was brought into Court, c--'onsequesge•-'. :. .-. • :.1 / 1 .,... • ~:' ' itIO: --...-..---,---. ........." . . -.... . e notice served upon the Defendants, yet the Pia;;;I: would not pot it in evidence. youn g &Lib oars • also in Court subpcenaed as a witness , yet theyylitii s not put him in the witness's boa. f Mr. WILLIAits made a very ingenious and Aw e .. s ply for the Defendant, and rested much on d ie : . ' - e fusal to put the check-book in evidence, o r ' .o t l , rro. 5k2 1 0 1 :.. , fur the testimony of young Milhourn. llothSeliolt • II ULLOPIL and Mr. Baron WOOD invited him to a.._ 1111010001/81 11 ply this defect in the evidence, but he would not. r - s _ .. ia1. .. a0hia. „ ...66 ,.. a Verdict fier the Plaintiffs; but only for titst. sal • lance, after deducting 3131. nosing V. WILICItt. ed to kip hit. • ila,. *As • • • This case, as opened by Mr. littitc, promisek Jett. Wn" INIP 1 mense amusement, but an informality in the decti ll. Non Cii_f2 4 . CIE M x lion soon stopt it. 4 sailer offer Mt • Woodford-bridge, if they collected one guine a The cliattions - -it. t for himself, and 15s. to drink. 'll'be money wet e o n lad " ed rlt". wlet I n " • tested, and the sailor leaped and won. The pa rty udje began to drink, when Colin. a butcher, joi ne d th r ik `2erdwisotta Dobson. one of the party, and now Plaintiff, 44 itelailliegsj:l not this. But Colin was observed to drink outg . ws h a lt , 1 his turn. This was altogether intolerable, and 6 4 , , , ' big tbeilme ,lllll 4 'Mean , wawa ! son could refrain no longer. The butcher could psi ' iliF 0 V 141 10 1 " • bowl of punch es well as Dobson. Dobson dank l aw ' aite 1 this, and offered to bet 3001. At the sa me time y i sls 1 i produced a bill or 301. The butcher accepted ti t ! r e i + l4l l4 l. l bet, and exhibited his $ Ol. bill. Dobson added* t . o v erure u"' i tdielfli more. The butcher made no further exhibit; b ut k la I lt a , e ivedi TM was agreed that they should advance the 3001 , =et . t ""r it riedie 1 Monday : this was on a Saturday. IVilkes, Oak fr o al em i g( t r it 9:4 fendant, was the stake-holder. On Sunday Deheel;;;,: . .*PI r had :occasion for money, and withd r eW t h e 101 filar -r2. -- t .11* sit e d bi t 1 .1 04 • Wilkes, which he had a right to do, as Colin bed --7 NC. 11 • not made a similar advance. On Monday h e sp. " w ' t • • 0 geared to make his bet good, but Colin failed to ap. meatQlr An n pear. DAson, therefore, insisted upon ge t t i ng tit lrlsos it's6peoe *coevals. r4 1i1 4 301. staked, but the stakeholder refused it. For (hit . 0 . , , le , firtirir the action was now brought. But, behold the bill, the, ha the . . st not then due, was called money, and hence an imus, 1,41 t - '' dials nousuit. • _____Plu li. 4 l .3/AR KF . s• • kt ri ii _....,...___ CORN EXCHANGE, JULY 24.4-Our market continuing % he well supplied w it h all kind of grain hut Eiwlith HS *elite 4,. . hivf si irtoi . I foreign. and there being hot few buyers at to orket this 'booming, a complete soteou ' has oaken place in almost etert article. 311 A Our pliers must he 'tooted mominally its Son Monday; ford. E. W t 'woes offered oa l ooMer t eroue , scarce any sa l es could be effected. . f) 4 V *heti (F.nglisb) 7O 55 ' Grey f l eas , % . ,i.., .14)H New ditto - :- Brans Ecg ./1 Ditto (Foreign) .... 74 88 Old d 0... - Rye 44 48 Uick do • 65 4 1( . 1. 16 44 , H 1 40 Barley . 40 56 (Oats New - oe do. . . Malt 7O 86 Poland d 0..... ..... - iisat tatn t li 38 ti White Pea, 56 60 F ee d d o „ Meissen and Gen'. q *twee 100010 0 1 New ditto.... • ... " ... - - 1 Fine Flour to, i aid Ditto 114410m.........69 66. Secouds. UXBRI DOE. • • f( gibes art km Pi ere owlet Striet . , Corn-Inspector's Return.-Tito !tutor JUL'r 23. -: t 4•Di of the Hos Wheat, lies load .... 171. 15s. to 251. -s. the said S.OIN y . Barley, per quarter... 48s. -d. to stis. -d. • ?h'.t a V4lO. I Oats Beans 605..-d. to Bds. -d. it; amidst, they. rex Old 1/itto Peas -s -44. to -s. -d. Raid Society, oths ft t e -5. -4. to --.. -d. . %notated withrl Jintstsisit.Ln AlAti.lthi, Juts 24. t 1 0(.4, sod the ite To sink the (teal. per stone of 81nol. • , the s.ett'elsent w tteef ... 4.. 01. to 4s. 1154. f Head of Cattle this days ' estimated *lll4 Mutton ..4.. Ot. to Si. Od. Beasts V eat ... bs. 011. to 64. lid. Sheep ankLtunbil ...... 2,9111: we. ‘ Fork .._ . 54. 0.1. to ss. 6d. Calv es 3lO. That foci .. Lamb....ss: OS. to 54 64. Pins nano,. se iIAY-MARKET 1 agai o : eihey we' rviethe* l tiny ...... 51. 0 , . OJ. t o RI. Os. Od. 4 1 07 ke i'4oohe C. iover .... M. (h. lA. to 81. Ss. 04: stgspoit.isio to a fitir.ow 21 11)4. Oil ta 31. os. Od. Mtheriviee sops , . P hit GAVE AND LtiADENHALL MARKET That it rippedS, sire t 1 ,2 potiuns r (by 'the earcwe.) lim' no 4 panic Beef .... 3s. 44. to 4s. 44. I Veal .... 4;. 04. In 5 44' • are owlet. tue lei Mutton ... 4s. Id. to 4s. Bd. I Pork .. 5.. Od. to 5, 84 sold. the Secret Limb 4, 4 d. to 64. tki. person effeetiwi PRICE OF HOPS. "". That ti ohhesi . NEW BAG!. NEW POCKETS• % l i edi piks e pbn It Kent ....I il. O. 1., 181. ON Kent ... 19, Us. to 211. 0 1 , prevailing 01 , 11 Sussex ...151. Os. to 171. Os. Susses . 181, 04: to Ito. 10„ ~ adopted for *NI I Estes ...lot. - Of. to 2 11. 0.. ' ben elere; l l. Fornhain 201. 0-. t.. 241. 0.. • IMrtioa a niii TAW 0.80/0,. PRICE OF TALLOW. rip iscieent St. 'James's Market.. 4s. 8.1. Town Tallow 83s. Od. - s . 04. • It tatorofimi Clare M a rket . ..... lib. MI. Yellow Ru. s ias.Sl Od. - s . 04. hal tog *id W kiwi-hovel Market 45. Bd. White ditto. 775. Od. --s. Od. of en=siii.lia.rti per 61. oof 81'i. - Soap ditto) . 79.. Od. -s. no,: ip roiled tato Average.... 411. 84. Melting; stuff 70.. 011. -s. Od. nosaildogdy 40 ' Ditto rough-40s. 04. -5 . 01. Illetils*- . Graves llk. W.' it obturem Gond D regs lOs. ttd. 1 , 40,64 Yellow Sonp,lols.-Mottled,ll6..-Curd, 120-.-I'alon, I lug. .. Couve" popes Price of Candles, per dozen. 134. 6.1.-Mould;, 15 col. ' * re-bot tro ! pa PRICE OF LEATHER. ' I Illr. lihkriniwie Hon. 9 / 4 11 Butts. 50 to 561bs. each -23 d to 214 pe r lb. ~ ' Ditto, 56 to 6611 n. each 254 to 264 thanks }sae pv ht impatttitt reft4 orchauts' Backs - -d to -d Dressing Hide; - 184 to 91d 00, VOA IS, - Fine Coach tildes - 1844 t o 911 4‘../ sopplied . Crop Hides 35 to 40!hs for cutting 1844 to 200 tt.r thi.i.trogi. I)itio 45 to 501bs. - 2ild to 2 1 0 •' 41EIVC0 1 41. + Calf Skins 30 to 401155. -22 d to 24d • Alletsige and . Sl Ditto 50 to 7011,5. -28 d to :Sid ' in, Protiir‘ Ditto 7050 801los -97 d to 3ht Rim 4 4. qv" , i • Small Seals (Greenland) -23 d to 204 she &boor ',Ol. „Large ditto 70.. to 1005. per dozen. Ilogr..in os. froo Orr , . t 511..: I RAW lIIDES. R2.lr. Seroontives" Heifers and Steer, (per s toa t ) 2 t . 64. t o 2 s . 10 . 1 . Itirlienvim, I Middling. -. 4J. to 9 t . 6. 5 . ordinary Market Calf English Horse - - COAL MARKET, JULY 24. E ill r r i Ships at Marker. Ship. S o ld P r i ce . ttiltlll 83 Newcc.stle 24 Suoiderlaad .... , • . Me COUIt.:E. OF EXCHANGE, Fangs! SIOLT 24. ' x ;bait*. Amsterdam, 3d 10 8.1 U. Leghorn. 52 • "l Ditto. at sight, 33 4 G enoa , 474 E l Amsterdam, 11 6 C. F. Malta, 50 owl 4411 Ditto, at sight, 11 3 Venice, 25 - Iforl,litil Rotterdam. 11 7 2 U. Napl es , 44 44 ir lira, i Antwerp, 11 10 et. ino. Palermo. 128 per oz. . eft old T ot Hamburgh. 34 324 11. Lisbon 5% p 4 le the shim Allow'. 34 4 24 U. Oporto, 59 - -etitsiplitiated 't Paris, 3 days'; sight, 24 20 U. Rio Janeiro,. 67 Waite 4 PIT Ditto, 24 41)2 U. Dublin, 114 p er Ce n t. • pusys to the 1 linardeaux, It 40 Cork, 114 per Cent. 1 `rirow. Orb Frank.on the Maine,l424 ez.mo A g i o o f t h e B an k on H o ll an d. 1 1,.... %wooden Madrid, 39 effective Portugal Gold, in Coin, 41.14 Use snrr gat Cadiz. 39 effective 6d. per oz. Almi "WA*, Bilbao, 334 Gold, i n 1i ar5 ,41 . 1 5. 64. ieffit fatally Seville, 38} N e w D o ll ars, ss. W. glenfiklitto a (Gibraltar, 34 ;ilver,in Bars,standard,R 54. gur i Tt % (;.A 1)1E1). On the 16th instant, aged 69, John Foster, Esq., of East. we o or, rnato-fae t place, Lambeth. Carrie and C On the hill instant, at her house in Kensington -square, in tke. have had Seri 85th tear of her age, Mr;. Eli za b et h S to k e , rel i ct ut Autanu y de the enre . Stokes. Esq., formerly Chi e f J i n t i ce o f G eorg i a. . . AA On the 18,11 io.stion, at Cameo bitry, sincerely regretted by her , lgstga:.r fam ly and foi• nds, s t ied 43, Mrs. Marseill e , uife of Mr. 4L,, 4 ,„ 1 , 1 Thomas Marseille, of that city. after a lingernig and painful . , sod illness, borne a ith the greatest fon bode and resignation. . ali rtirnts ii on the 20th instant, at Carmarthen, Mr. Jame. Bahr of• .. tudlitlihrittei Upper Itailibone pia- e. • On the 92 i lost lot, of water In the che4 t , a t E ws h o l t -h o nes, _ 41/Vii h rlr e l : ~ear "random, Surrey, in his 71st year, H eav y M azwe ll, Esq. *. t term * of s that place. ten ma I On the 23d instant, at Walworth, after an ill es 4 of nearly i dye years, Mrs. Elizabeth Clark, wife of Mr. Joh n Clark, • . . .. .... ......r, lu w mull I stuff', tnev nem bills of Nlilliniiiii's for the original M r . EvaD5.... 44 bly Lad, I wfts actually forced 1 Mr. John P. Tiuney s the principal 'gaup for Mr. entries ; %91., 4011 ac. Losinoro : Pnnte4 lin'. Plibll•t,-4 - !.; A check•book held, by Mil. STATRIMAN °rms. No. 4, lialishari-caurt, Fleet-itor. . , , a 11 . • • I 0 4 e ~ . i • ~.11••• ilt , -, - - 4 :-.4iratr,".,,.. , ,,:„„'.:',- •,. A.:- ,`. ." "... ' - , ...4.- ..i.w. 7 - m0 w... ..—.. .....444,- '. I r +:x ~ J -I P . THE STATESMAN: to take It on me. I am 10,0001. out of pocket by it." The LOUD CIIANCILLOR bad no doubt that was the fact, and directed Mr. Evans to furnish the ac-1 Count in ten days. Mr. Evans paid that would be impossible, as he had. not received notice till after he had left town. The LOUD CUANCELLOII.—Then do it in a fort night, if you can, or as soon as possible." VICE-CHANCELLOR'S COURT, JULY 24. WIIITEDORST AND ANOTHER V. DAVIES. S. S. RoMILLY stated, this was an application for an Injunction to restrain the Defendant from receiv ing the partnership debts. The Plaintiffs and the Defendant were jewellers in partnership, but in con • sequence of some differences arising between them, the partnership was by mutual consent dissolved on the Ist of January, 1817 ; at the same time it was mutual. ly agreed, that the Defendant should not receive any of the debts of the company, or discharge any of its accounts. The debts due to them exceeded 50001 , while their personal debts due Ey them were only 9001. so that there remained a balance of 43851. in favour of the company. The Defendant had, however, violated his agreemPut, and it became therefore necessary to restrain him by au Injunction from going on as he had done. The VicE.CUANCeI,I 4 OIt —Have you published the dissolution of the RI rinorship in the usual manner ? Sir. S. RoasiLLY.•—Yes, Sir, it was published in the Landon Gazelle. The VICE-CHANCELLOR.—Then tike the, Injunc-, tion, and take care to. let persolial service be given.— Injunction granted. TEMPEST V. ORD. This case, which has excited public curiosity, is now in the Vice-Chancellor's Paper on a different point from what was before the Lord Chancellor. — It will not be beard before Wednesday or Thursday. ESSEX ASSIZES. T CHELMSFORD, JULY 23: GROVE V. lIARDIRAN. Mr. Cntrrir opened the pleadings, and stated, that this was an action against the Defendant for seducing the Plaintiff's daoghter per quod serrilum auaisit. The Defendant pleaded Ike general issue, Not Guilfv. Mr. GUUNEY stated the case with mach pathos and eloquence, the leading circumstances of which were as follow :—The Plaintiff was a respectable farmer, now in decayed circumstances, residing at Warley, in this county, and the Defendant had been a Captain in the 10th foot, and had served in the late glorious campaigns on the Continent. The Defendant I was a middle-aged man of forty, and some years since had married.a lady of considerable fortune,u ith whom, it seemed, he had lived for a short time, not in the most perfect state of connubial felicity , for after a cohabitation of short duration, articles of se paration were agreed upon, the lady being provided with a handsome separate maintenance, and the Gen. demon being left in possession of en elegant establish ment of house and domestics, the result of his for. tunate alliance. The Plaintiff was the father of too daughters, but ltis means were so limited that he de. clines, all intercourse with his more wealthy neigh bours, although he had given his children a liberal education, and so much were his circumstances re. daced, that his children had become his domestic servants. It appeared that the Plaintiff, at the time of the unfortunate affair in question, was unknown to the Defendant, and consequently neither had seen the other at their houses respectively. The unfortu nate acqesintance which led to the seduction of the Plaintitf's daughter commenced by the casual civilities arising from the Lady and the Defendant frequenting the same church. In the result, an intimacy was formed, which ended in the seduction of Miss Grove, and the birth of a child, es the fruit of connection.— It was pressed as a circumstance of aggravation on the part of the Defendant, that the seduction was effected at a time when the Plaintiff's daughter was labouring under a stale of mental derangement: . In the statement of the case, it was admitted that before the acqrraintanceship of the Defendant with Miss Grose, the latter had the misfortune to experience an intercourse with another person, who had accom plished his object by violence. Criminal proceedings had been adopted towards that person, but the cause of injury having been compromised by a suitable compensation, those proceedings were dropped. This circumstance was conceded, as a matter of which the Defendant might make the most in mitigation of da mages ; but the feature of the case pressed most strongly against the latter was his having taking ad. vantage of Miss Grove, at a time when she was labouring under mental derangement. Miss Grove, who appeared to be a young woman, bordering upon 30, stated all the circumstances of the Defendant's courtship, anti her final ruin, which produced the birth of a child, now living. On her cross-examination by Mr. MAIRYAT, she admitted that her first intercourse with the Defendant was effected under very peculiar circumstances, too indelicate to mention. She stated, that on one occa. sion she received a pound note from the Defendant, in church; and on- another, that she received two bottles of Cape Madeira in the same place, which she afterwards drank in her own chamber. Mr. MARRYAT addressed the Jury with consider. able ability and emphasis, on the part of the Defend ant, contending, under the circumstances of the case, that there could he no difficulty in seducing a lady who had gone through the ordeal of a previous vio lation, which had never been punished with the seve. rity of the law. _ The Jury, under the Learned Judge's direction, foetid a verdict for the Plaintiff—Dtmeges 2501. SALISBURY, JuLr 24. ....„,„......_ ELECTION RIOTS. TUN KING, ON THE PROSECUTION OF THE CORPORB. TION OF SALISBURY, V. THOMAS MACKLIN, HENRY COLLINS, JAMEi MUSSELWHITE, CHARLES DREW, AND JOHN HERBERT TEWKESBURY. This was an indictment traversed from the Sessions for a breach of the peace, and riotons conduct on the first day of the Election for Wiltshire, in which ti i ß e f e i n t e b t l t o , w tS o e n unsuccessful fro from a Candidate, bludge o r n e , ce n i v u e a dd had vtiho e windows of his house beaten in. Mr. Serjeant PELr. stated the case for the proses Winn. He said, that although on such occasions allowance - ought to be made for the effe rvescence of public feelings, yet this was a case at ten ded byso many aggravated circumstances that it would have been improper to hate passed it over. Mr. Tinney, no one could doubt, was an able and zealous sup. porter of Mr. Benett, but he had not passed the boundary of discretion. The evidence which he should have to lay before the Jury would show them that on the evening of the 24th of June, about twelve or fifteen persons followed two of Mr. Tinney's clerks from the "%Visite Hart, where Mr. Benett's Committee sat, to Mr. Tinney's house, and were in sulting them. The crowd gradually increased to nearly two hundred, who were extremely clamorous in crying, " Wellesley for- ever ! No Benett !"-- M. 'Finney came out and requested the mob to dia. prise; and on the refusal he attempted to seize Mack lin, who appeared to be a ringleader, but was struck on the head by a person from behind with a bludgeon, and taken into the house senseless. The fact of the riot becoming known, several special con stables were dispatched, but did not arrive in time to prevent the demolition of the windows Mr. Tinney's .house. The constables again urged the mob to disperse, and on a further refusal they took several into custody, among w horn where the present Defendants. The blow which Mr. Tinney received was of so serious a nature that it might have proved fatal, and all the Defend. anti might have been legally considered as` guilty of murder. However, he only desired the Jury to con 'grief of the riet and assault, which they couldot fail to. Mr. Justice Pass~—" Brother Pell, there can be no doubt they would be guilty of murder." Mr. Serj ant PELL hoped that this would be well understood in future by such as were disposed to em bark in transactions of this disgraceful kind; that they — would reflect that zeal had its limits; and that private wishes must be expressed and acted •upon under the restraint of the law. He was quite certain that noire of the Prisoners bad acted under the sanc tion of any of Mr. B.'s competitors, and he was also certain that none of the Defendants were qualified to vote, consequently they must have gone upon the impulse of their own evil di3positions. 'Whatever might be the individual opinions of persons, neither those who were Candidates for a seat in Parliament, Isar their agents, ought to have their lives put in danger. The Corporation who now prosecuted, sought only for the preservation of public tranotfl lity, and it was anxiety for that alone, which induc ed them to seek punishment in the presept hivatice. Mr. P. M. Chitty and Mr: J. I'eru Tirinee spoke to the facts of the risk in the sante terms stated by Mr. Serjeant Pell, as did also two special constables, and Mr. James Sutton, a Member of the Corpora tion. Mr. GRANT addressed the Court and Jury on the part of•Cha ries Mew, and contended that upon the evidence his Client must he acquitted. Mr. Ni ERE WETHER then at considerable length, and in a speech which displayed a very great portion of ingenuity and argument, urged that his Clients must he acquitted, inasmuch as Mr. 'Finney's own conduct its attempting to seize a person in the way he did, provoked the riot. Mr. Justice l'aest slammed up the evidence, and ex pressed his opinion that if the Jury believed the nit. • nesses, they must find the Defendants guilty. The Jury, after consulting some time, found the Detention's Guilty of the riot, but not of the assault. Mr. Justice PARK observed, that if the Jury found the Defendants guilty of partaking in the riot, they must also find them guilty of the assault. The Jury again consulted, and etquireti if they could find a verdict of guilty against Macklin, who was taken with a bludgeon in his hand, and acquit the other. Defendants. On being answered by the Learned Judge in the allirmative, they returned a verdict of_Guilly against .'Macklin, and acquitted the others. Mechlin was then sentenced to one month's imprisonment. YORK ASSIZES, JULY 22. PEACE AND OTHER!' V. MILDOURN AND ANOTHER. This was a Special Jury cause, but none of the Special Jury, eirppling Sir Francis Lindley Wood, Bart. hawing attended, the rest were taken from the Common Jurors. Sergeant Him!melt stated the facts as they were afterwards proved in evidence. The Plaintiffs are hankers in Halton, and 'have a branch of their bank in Great MillieNl, where Mr. Thomas Hamby was their agent till August, 1816, when lie died. Mr. John Ilanthy, a brother of Thomas's, Wes, at the same time, their clerk in !Walton. &liftman, one of the Defendants, is a cotton..epinner in Great Drif field, and had an account with the bank on his own credit, and that of Snowball, the other Defendant. The action was for 6021. Of this sum 313 i. were refused as'never advanced. in December, 1815, ac ceptances by Milbourn. to the amount of 3131. were sent from Driflield to Melton. John Bamby refused them, and returned them to his brother, with posi tive instructions to advance no more money on Mit. bourn's credit. His letter to this effect. dated 13th December, wai produced in evidence. Himself now swore further, that nest day 111i:bourn's son came to him with the money, in notes of Maltonalall, &c. such as they were in the practice of paying. He was confirmed, by the character of the notes, in his anspi. don, that his brother had been prevailed upon to ad. vance the money. The brother's ca , l►•hoek and ledgerq were prodeced. The former debited Milbnarn 3131.' the 14th December. The latter miuteineil the. follow.' lug entries:—Onihe 1411 t of December Milboorn was. debited 131., arid the figure 1 was profited to three previous sums debited to his account, of 21)!., 8y;. and 401., thus making up the sum of 3131. His 4% i dow gave evidence, that her hust'ared lead s is her presence, given a large bundle of notes to ynone. Milbourn, on the 14th, and in her presence made the entries in the ledger, for the eaptess purpose of preventing his brother, who generally inspected his hooks once in the month, frnm perceiving that he hail advanced the money crn►trary to his order.— The figure 1, prettie►' thrice, Via.; evidently in dif ferent ink from the rest of the eitierent sums. lie. sides, they held bills of ff - the original 10! reilibr*t filete `lO a 4- 0 6 . 1 . 44 lig 01.11 osotrea Thai 40 g od 'en=eif rim -w;