The British Press; or, Morning Literary Advertiser. — London, England, 1825-03-14 00:00:00

PASCO PERUVIAN MINING COMPANY. TO THE EDITOR OF THE BEITiSH PRESS. Sitt,—l had occasion a short time ago to claim the indulgence of a portion of your columns, while I repelled a very unwarrant able attack on the above Company. in whose undertaking I have embarked property to a considerable amount. At that time 1 stated my unwillingness to pursue a controversy before the public, particularly with an anonymous antagonist. \Vhethet satisfied with the facts I then mated. and the conclusions I drew, I kaow not, but that individual has since remained silent; and so should had not another and • more powerful opponent appeared on the same side ; one who (I will do him every justice ) has had the manliness to make hi s a tt ac k o p en ly an d i n the face of the British Senate, and who in his place is reported to have declared, on more than oneoccaslon, that this Company was founded on delusion ; that its avowed objects were utterly impracticable, and of course that it would end in the ruin of those who embarked in it. These were not merely asserted, but the Honourable Member undertook to prove them to the satisfaction of the House. The Honourably Member has appointed himself a sort of judge between the Company and the public. He should, therefore, take care, as his motives are pure and disinterested tend that they are so I admit most un equivocally), lest he should do injustice to the one in his eagerness to protect the other. Sir, this Gompany is composed of a body of highly respectable individuals, who have hitherto moved in the commercial world without imputation on their character and honour ; and as they are incapable of sanctioning any delusion, the charge that would im pute it ought not to be made without maturely weighing the evi dence by which it was to be maintained. I cannot but think that this Company have been hardly dealt with. They were not long in existence as a body, when they were (from what causes 1 will not stop to inquire) most wantonly lit tacked in one or two quarters*. It was stated that the mines men tioned in the prospectus were no where to be found except in the vicinity of the Stock Exchange, where they were to be worked fur jobbing purposes. These unfounded assertions were no sooner disproved, than forth comes the Honourable Member for Westmin ster (Mr. J. C. Hobhomsm, and throwing all the weight of Me high character and commanding talents into the scale, renews the attack in another form. lie admits that there is such a place as Pasco. and that it contains mines; but he adds, " they are 15,500 get above the level of the sea; the working of them is utterly im practicable; the thing has been tried over and over again, but the attempt has always failed ;" and this he proposes to demon strate to the House at a future stage of the Bill. Now here I join irises with the Honourable Member. and upon the result I would willing risk the whole of the property (and it is by no means incon siderable) which I have embarked in the speculation. First pre mising that the objects of the Peruvian Mining Company are by no means limited to the mines of Pasco exclusively, I assert that thcse mires abound in rich silver ore; that the working of them is not only practicable, but that immense riches have been drawn from them during • long series of years; and that they may be still worked with incalculable advantage by British industry and ca pital. I will not here attempt to anticipate the arguments by which the Hon. Member proposes to sustain the positions with which he set out; for I know that men who undertake to prove negatives (and the lion. Member stands pledged to prove two or three) are sometimes driven to strange modes of reasoning; but I will do what I am sure be will admit is candid and ingenuous on my part ; I will point out to his attention the data upon which the Company rest their coo fidence of success, and which it will be necessary for hint to dis prove before he arrives at his promised conclusion. For this pur rue I beg to refer the Hon. Member to " an Address from the Director, of the Peruvian Mining Company to the Shareholders," which was published on Friday, and which he may obtain at any booksellers. He will there find in detail the grounds upon which this Association has been established. They are briefly these:- Ist.. Contracts for the cession of several valuable mines from their owners to the Company. 2d. The connection of the Company with gentlemen who reside in Peru, and possess the most extensive influence with the Inde pendent Government there. 3d. The well-known disposi.ion of the Constitutional Govern ment to encourage the working of the mines, from which they themselves derive such important advantages. 4th. The great riches of the mires in l'auricocha and Pasco, and their productiveness, even when worked in a very imperfect manner. This is supported by the testimony of the most enlightened travellers in that country. 6th. The natural assumption, that if the mines were so very productive tinder the bad management and with the imperfect machinery of the Spaniards, they would become infinitely more so when under the operation of British skill and industry. (This as sumption is fully borne out by the concurrent testimonies of several Captains of British ships on that station, as well as several masters of commercial vessels trading to the Peruvian ports ; and is further attested by the statements of gentlemen now in London, who for some time resided in Pasco.) I have thus in fairness called the Hon. Member's attention to the leading points upon which the Company proceed, and I rely on his candour for meeting them in a liberal manner. All I ask is, a candid examination of these data; and if after this the Hon. Member shall have cause to alter his opinion, I am confident he will have the justice to avow it. If, however, that opinion should remain unchanged, he will of course endeavour to redeem his pledge to the Ileum, in which ease. as one materially concerned, I may claim the privilege of a few comments en his remarks, and you may again have to be troubled with a few lines front A PASCO SHAREHOLDER. London March 12, 1825. ---- P.S.—As some of your readers who may have seen the recent objections to the Company may not have read what was heretofore advanced in its support. I beg to add an extract or two. The first is taken from the Lust! Potitious of Humboldt—Paris, 1811, vol. 4, p. 158: In Peru almost all the silver is obtained from the great mines of Ysuricochs or Lauricocha (commonly called the mines of Puco and of the ('erro de 11.mboti), from those of Gualgayoe, or Chats. and of Iluantajaya. The mines of Pasco, which are worse worked than any other in Spanish America, were first discovered by the Indian, Iluari Cupca. in 1830. They yield annually nearly two millions of dollars. In order to form a just idea of the enormous mesa of silver ore which nature has deposited in the bosom of these calcareous mountains, at the height of more than 4000 metres above the level of the ocean, it should be remembered that the bed of argentiferous oxide of iron in Yeurieecha has ken worked Itithowt inictsuption front tl.e commencement of the seventeenth century, and that during the last twenty years more thanfia mil lions of murk: of Alter, equal to 40.000 000 of dollars, have been extracted, though the greater ran of the shafts do not exceed 30 metres (about 32 yards) in depth, and nc one of them is more than 120. " The mines of Yauricocha would supply the same quantity of silver as Oustaxato, if hydraulic machines or steam engines were used, the fuel fur which would be furnished by tLe peat of the lake ihaacochat." . . _ It appears from a table given in the' Ade.ress,' and extracted from the books of the Provincial Treasury of Pasco, that the pro duce of the mines hal scarcely ever been under 240,000 marks (of eight dollars each), and that in 1794 and 1001, it nearly reached the sum of 300 000 marks of silver. " The ' Address' next contains a communication made to the Company by an Officer of the Constitutional Army, who resided for some tir.te at Pasco. He says_ " The latter end of 1820 and the beginning of 1821 I was at Pasco, in the command of a brigade of guns, under the orders of General Areneles, and actually had under my escort twenty mules, each laden with 2601h5. of silver, the produce of the mines which had been• drained by the steam-engines. I saw these at work in the midst of a population which I csCmated, at leas., at 5000 per sons, and where 2000 troops were stationed for some time." • It is a fact within the al knowledge of the writer of this letter, that one of the individuals by *horn the most unfounded report, have been circulated to the prejudice of the Company, declared that he hai pursued that course in consequence of barn - ,p been refu-ed some shares, and within the last three days, has niacin u' °O'er, that if a certain number of shares were given him he would go on the Stock Exchange and recint his former statements. It is unnecessary to add that the offer was indignantly spurned. This fact can be attested on the oaths of three respectable indivi dnals. t Since Ba-on Humboldt visited those mines. a valuable coal =rue has been discovered within a few pules of Pasco. IGRATION.—We learn that by an order from the! Lords of the Treasury, obtained chiefly through the ree sentations of our active and intelligent Repres e ntative (the Right Honourable Sir John Newport, Bart.), the Officers of the Customs have been authorised to dispense for the present with the provisions of the existing law, which pre vented vessels from taking any number of passengers exceeding the proportion of one adult person to every five tons of such vessel's registered capacity not occupied by her cargo, &c. This indulgence will be a sensible relief to persons interested in the trade to Canada, Newfound land, &c. by whom the enforcement of the regulation thus suspended was felt as a serious inconvenience.—Waterf)rd Paper. Hes AA A Y.— In 1066 the invasion of the Normans eonuibuted very much to the improvement of agriculture ; for, by that event, many thousands of huabandmen, from Flanders, France, and Normandy, settled in Britain, ob tained estates or farms, and cultivated them after the manner of their country. The implements of husbandry used at this time were of the same kind of those em- 1 ployed at present; but some of them were less perfect in their construction. The plough, for example, bad but one stilt or handle, which the ploughman guided with one hand, having in his other hand an instrument which served both for cleaning and mending the plough, as well as for breaking the clods. The Norman plough had two wheels, and, in the light soil of Normandy, was commonly drawn by one or two oxen, but in England a greater num ber was often necessary. In WALES, the person whoeon ducted the oxen in the plough walked backwards. Their carts, harrows, scythes, sickles, and flails, from th^ figures of them still remaining, appear to have been nearly of the same msstruction with those that are now used. HOME CIRCUIT. ESSEX ASSIZES, CatLusroar, MAlcu 12. The Assizes for this county ended this afternoon at two o'clock. The business on the Crown aide ended about twelve. None of the capital convicts were left for execution. Mr. Amain Graham an. nounced on Friday that four of the causes in the paper could not be tile., at these Anises. in consequence of the length of time which the other cues had occupied, and consequently they were made reitianets. • DOE D. EDWARDS Y. C. TOWER, EiQ. This was an ejectment for the rectorial tithes of the parish of Daggenham, and for certain lands at Chigwell, mat of property which had been settled in the reign of Philip and Mary, for the en dowment of Brentwood Free Grammar School. by Sir Anthony Browne, Knight, serg eant at law, one of the fudges of the Common Plea Ple in the reign of Queen Elizabeth. dlr. Sergeant TADDY and car. COWYN conducted theplaintifra MC, and Mr. 31•11TATT, Mr. GURNEY., and Mr. B Ennws, the defence. This cause excited great interest in the county of Essex, and more particularly at Brentwood, the inhabitants' of which town were deeply interested in the result ; the object of it being to have -the funds of Sir Anthony Browne's grammar school duly appro. • priated to the beneficent purposes of the founder, instead of dive, ted • to the mere personal aggrandisement of the present possessor of the settled estates. The ejectment was brought on the demise of the Rev. Edward Edwards, who was appointed master of the school by Mr. Coomber, the heir-at-law of the original founder, and also on the demise of the guerdiana of the school. In the reign of Philip and Mary, Sir Anthony Browne having founded a grammar school for the education of the children of Brentwood, endowed it with certain tithes and lands in Daggenham, Chigwell, and South. weAld, estimated in value at about 1.1001. per annum. Some difficulties having arisen in the reign of Queen Elizabeth es to the management of the school, they became the subject of investigatinn in the Coon of Chancery, mail in 1823 a de cree was pronounced, and certain Statutes tined/ for its due government, reserving to Sir Anthony Browne and his heirs for ever the patronage of the school and the power of ap pointing Its masters, by way of donative. For several years past the defendant, who is a gentleman of fortune at Southweald, has been in possession of the estates with which the school was en. • dowed ; and it being alleged that certain abases existed in the di version of the funds from their original purpose, this action was brought at the instance of Mr. Clamber, who claimed as heir of Sir Anthony Browne, the founder, the right of appointment and dons. don. Independently of heirship, he alto claimed as devisee under the will of the last heir, from a horn he derived title. The de fendaties title was founded in long family possessiem and enjoy. matt under conveyances from the notorious Sir William &rendes, Chief Justice of the King': Bench in the reign of James IL, who had purchased the estates in question from an extravagant an. cestor of .Mx. Coomber. On the other hand it was insisted that supposing such conveyances to exist, still they could not exclude the heirs of Sir Anthony Browne from exercising the right of pa tronage and appointment to the situation of master of the school. Independently of the ground nit which the defendant's tight was founded, it was objected, that the Sir Anthony Browne named in the decree, and for the purpose of this cause called the statute maker, , was not the right heir of the original fluider. The Cornntissismrt s of Inquiry appointed under Mr. Brougham's Cheri able Founda tion Act had inquired into the management of this school, and , had made their report thereon ; and in consequence of their report the Attorney-General had instituted proceeding', for the purpose of having the intentions of the founder fulfilled, but those pro ceed ings had been enspended until the result of this cause was known. After evidence of Mr. Cooniber's pedigree was given, for the purpose of shewing that he was heir-at-law to the original founder, through the female line, it was objected that the action was not maintainable, inasmuch as it did not appear that the lessor of the plaintiff or his donor had any possessory title within the last twenty years, to as to maintain ejectment. Mr. Edwards had only been appointed within the last two yeara, and neither Mr. Coomber nor any of the persons from whom he derived title, had done any act within the last hundred yeses to assert a tight of possession, and consequently this scion was barred by the Statute of Limita tion. In answer to this objection it wss urged that this being a donative, the Statute of Limitation did not operate. Mr. Baron GRAHAM, however, was clearly of opinion, that as no possessory title had been made out during the last 20 years, the action was not maintainable, and therefore directed • nomettit.— Nonsutted. CROWN SIDE. A RSON. Sarah Bones, a girl 13 years of age. was indicted for feloniously setting fire to an outhouse on the sth of February, in the parish of ' Tendring, belonging to the overseers and parishioner, of that parish. Mr. Jrasur conducted the prosecution, and Mr. Ksoz the de fence. The prosecution was conducted at the instance of the parish offi cer and, front motives of humanity they had instructed Counsel io defend the unhappy prisoner. It appeared in evidence, that the prisoner was the daughter of poor parents, who occupied a r. om ex elusively allotted to them in the poor-house of the parish of Tend ring- On the day mentioned in the indictment, a brick-built privy, thatched with straw, belonging to the buildi.ig, was rtnte rued to be on tire. Immediate steps were taken to extinguish theta..., and, but for the exertions for that purpose, it was probable, from the direction of the wind, that the workhouse would have been burnt down. The prisoner was active iii bringing water to put ut the fire, and no suspicion wu then entertained that she had been in. strnrnental to the injury. In consequence, however, of the infer. mation of a labourer, who had been working in a neighlouring barn, tlwt he had seen a girl of the prisoner's OW and appearance coming out of the privy just before the flames were discovered, she was taxed by one of the parish officers with the fact, and told that there was no use in her denying it, because she had been seen. The prisoner strenuously denied her guilt, but upon being taken before the bench of 51agtstrates, she then voluntarily confessed that she had taken a brand from her father's tire. and with a lighted match ignited the thatch of the buildings ; but she said she had been guilty of the act at the suggestion of a woman named Livers, a pauper in the poor-house, whose husband hail been sent to the treadmill for some act of vagrancy. This woman had been active in extinguishing the dames, and was heard to say that she believed the tire was produced by a spark from a neighbouring thimney. The strongest evidence against the prisoner was her own confession, which being voluntary, appeared to be conclusive of the case. Mr. Kwox strongly urged that the confession was inadmissible, in consequence of what had been said to her before she was ex amined by the Justices. The Learned JUDGE was of a different opinion, and it vu received. The woman Livers admitted that her husband had not been on good terms with the parish officers, in consequence of the latter having sent him to the treadmill; but she positively denied all knowledge of the circumstances under which the fire took place. The prisoner, who was rather an interesting girl, being called upon fur her defence, said she would not have done what all/ im pu•ed to her but for Mrs. Livers. The latter immediately declared that the imputation was false. The Learned JUDGE summed up the ease, and the Jury imme diately found the prisoner Guilty, and sentence of death was recorded. OXFORD CIRCUIT. STAFFORDSHIRE ASSIZES.—STArroaD, MLzca 11. These Assizes commenced at one o'clock this day. Mr. Justice LITTLFDALE presided In the Crown Court. Mr. Baron GA2ROW at Nisi Pt lin. Twenty-eight causes were entered for trial, and the calendar con. tamed the names of only seventeen prisoners, of which, all except one, were charged with capital offences. Durintt the day, no case of the slightest public interest occurred before either of the Judges. SATURDAY. CIVIL SIDE. Before Mr. Baron lia•ROw. ROWLEY V. 110114 E. Mr..lnt via stated, t hat this W;s ---- an action brought against Mr. Horne, of the Oolden Cross, Charing-cross, London, for the loss of a parcel sent by the Cheater mail. Mr. Rowley, who resided near Chester, had sent his daughter, Miss Clara Rowley, to be educated at a seminary, kept by a lady named Butt, at Brompton, near London, and having occasion to remit AIL directed to Miss Butt, he made it up into& parcel, and at first intended to send it from the post-of Sce in the letter bag as a letter, but the post-mistress thought it too large, and Mr. Rowley resolved to send it by the mail as a parcel - Mr. Rowley then gave it to Mr. Latham the book-keeper, with two shillings to pay the car riage, and the parcel was sent by the mail, but did not reach Mbs Butt, who went to the Oolden Cross., and found that the parcel, though in the way-bill, had not arrived; an inquiry wu then made at the Bank of England, and it was found that all the' Bank of England nide' which had been inclosed in the parcel bad been paid ; and on inquiry at the different hanks at which the other notes were payable, it was found that the persons who had taken the parcel had obtained cash for those notes. The defence, he believed, would be not the usual notice, limiting the liability of the coach proprietors to the amount of tire pounds; but the notice to be relied on was that the proprietors would not be an swerable for parcels of any value unless entered and paid for accor dingly ; but this Donee, as he was instructed, could not be brought to the knowledge of the plaintiff, who, in fact, had never seen it. I Thos. Rowley said, my father lives at Wood End, in this county. I remember his enclosing in a letter four five-Intl Bank of Eng land notes. four five-guinea notes of Kin -a , t's Bank, and two tive-pound notes of the Nantsrich Bank. It was sealed up, and directed to " Miss Butt, 4, Brompton-square, Bromrton, Lon don." My father took it to Woure, through which the Chester mail passes on au way to London. Mita Clara Rowlei. a young Istir of very interesting appearance, was newt called. but she was so nitteh agitated that she faiuted away in the witness bot before the plaintiff's Counsel could ask her a angle question. She was immediat•le earitd out of the Coun. Miss Butt proved that the parcel (het no. arrive. . Thos. Rowley, cross-egorrined-34 sister used to have the Cheater (Arendt* for two or three yesrs. It was not my father's paper, it was hers—..he was at the charge of it. Mr. Baron Cirattow—T:ik is going far—a newspaper is brought into a family, and yet we are to suppose that one of the family only reads it. The wittier. ems re-examined by Mr. Castonm.r..—l never saw my father trading the Ckester Chron;clr. BY Mr. TAUNTOS-1 IVY not pinned to my father's skirts the ethoie dny. James Latimui—l am one of the proprietors of this mail. I THE BRITISH PRESS. 'remember Mr. Rowley bringing the parcel. and the book-keeper took it to a neighbour's house to mark •• carriage paid" upon it, as the inkstand was broken, and I marked in pencil on the way-bill, " Butt, paper parcel, 2.. paid." Cross-examined by Mr. Ctrawoon—l was not told that the parcel contained money. If I had known that I should have charged I3s. carriage instead of 2s. Peter Jones—l was coachman of the Chester mail. I put the parcel in the seat of the coach. Edward Frowd. the Attorney for the plaintiff, said—l called on Mt Horne, at the Uulden Cross, about a fortnight after the loss. He said his time was very valuable, •. , d pointed to a board. I said, " Surely, 111 r. Horne, you would give assistance in getting the parcel t" and Mr. Horne referred to his book-keeper, who said that Mr. Latham had been written to about the business. Mr. Tat:arrow, for the defendant, said, that if stage coach propriehrs were liable to pay for the loss of parcels to any amonnt without being apprised of the value of such parcels, they must be wholly ruined in a very short time ; for they would, for a trifling consideration, such as a couple of shillings, have often to pay the value of parcel. wor.h five, ten, or even fifteen thousand puwods, and to remedy that very grievous inconvenience the coach pro- pretties publish notices limiting their liability, and he was in a condition to prove that the plaintiff regularly took in the Chester Chrnniele, and that in that paper there was every week a notice published, announcing to the public that the proprietors of the Chaster mail would not be answerable for any parcels unless en- tried and paid for according to the value. They had been told that the Chester Chronicle was only read by Miss Rowley; but he would prove that for three whole years the paper went to the plain tiff's house regularly directed to him, and yet it was said that the phintiff had ever reset it ; but they must all well know, that if a newspaper came into a house it generally laid on the table for evert member of the family to take it up and read it at any time when he or she might be idle and have nothing better to do, and he would put it to them as men of sense whether the plaintiff hail not seen the advertiaement ? Mr. ilarun Lax n ow grievously lamented the very careless manner in which. large sume of money were frequently sent by sup coaches, because it held out so great a temptation to the thieves, who sometimes committed their depredations at the expense of the coach proprietors, and sometimes at the expense of others. It was certainly to be regretted that •the Legislature slid not, in these titnes of speculation, interpose by an Act of Parliament, declaring that if the coach pioprietors lodged a copy of their notice with the clerk of the peace, it should be sufficient Proof of its reaching the party. The notice in the Chester Chronick was proved to have been inserted every week, and it was also proved that the paper was re gularly sent to the plaintiff's doubt, (Armed to hint, fur three years and one month. Mr. JERVIS replied; and contentlect that upon this evidence the Jury ought to presume that the plaintiff' had never seen the notice, for at was contained in only three lines in a stage-coach advertise ment which occupied a 'slink column of the Chester Chronicle: and besides, if the coach proprietors had meant to have made a defence of this kind, Mr. Latham. who was himself one of the proprietors, cauld easily have told the plaintiff that they had given such a notice. and that he must comply with the terms of it, if he meant the coach proprietors to be answerable. Mr. Baron GARROW in charging the Jury said, that this was a case of very great importance. He had seen many eases in which he was truly sorry to see that the plaintiffs could not recover. He had known young women who had been servants, and were going with their little all from one Olace to another—lie had also known of young ladies going to school, who had lost their clotites. These were certainly hard cases, but lie felt bound to say that there was less reason to regret the loss of a person who had the means of sending his money by a safer conveyance and would not. The question, however, for them to consider was, whether di: plaintiff hail the fair means of knowing of the advertisement, aid it was not neces sary to prove that the plaintiff read that part of the newspaper in which the advertisement was contained. Newspapers, as they were aware, cootained as many different sort. of intelligence as the readers of them had different tastes and dispositions. Many very elevated persons would not on any account omit to read the account of the performance at the opera ; and yet he had heard a very learned person say, that he never would go there unless he were paid for to doing,—Joe probably never read the account of the Opera. Other very high persons tilt a great interest in the state of betting at Tattentall's, and yet the learned person he had alluded to had never, in all probability. read that. Many more, in spite of their better judgment, would carefully res , 4 an account of the number of times that a poor wretch was knocked down in the priie-ring; and how, after all that, he was brought up to fight it out. But still the question they ha d to con sider was, whether the plaintiff, from the paper being so often in his house. had not a fair opportunity of reading this advertisement ? Indeed, from his having to send money by a coach, the probability was, that he rather looked at a part of the paper containing a matter of that sort, than that he should read of the Opera, of Tatterall'a, or the Prize Ring. flowerer, the matter was for their consi deration. . _ The Jury consulted together for some time, and found a ♦erdict for the plaintiff—Damages 311. MILLS V. WALTHAX. Mr. Jetty's stated, that this was an action of trespass brought by the plaintiff, a farmer, and tenant of the Marquis of Anglesea. lo prevent the destruction of the garpe on the ptaintiff's farm. a - notice had been given to the defendant not to trespass on the plain tiff's lands. However, it would be proved that he did so ; and all due was asked in this case was romi..al damages. R a lph Tomlinson, a game-keeper, sail—l sax the defendant walking across n grass field belonging to the plaintiff; he had a terrier dog with him. Cross-examined by Mr. TAUNTOS—I searched the plaintiff, and found a pen-knife in his pocket. I did not think that a very suspicious eircums•ance. The defendant's harvest work was about at that time, and the plaintiff asked the defendant to give him a job, but the defendant refused. This was about the middle of the day. I went to the attorney to tell him of the trespass, but I was not directed to do so by the plaintiff, and I went to Lord Bagot's attorney. My deputation as a keep*: is signed by the Marquis of Anglesea. Ilenry Turner proved notice from the plaintiff to the defendant not to trespass. Cross-examined—The defendant is a labouring man. The notice not to trespass was read. Mr. Tau/crow addressed the Jury for the defendant. and said that it was to be contended that this man was out poaching at twelve o'clock in the day. within view of a farmer and a game keeper. AI they saw Lord Itagot's attorney bringing the action they must be well aware whose case this really was. Mr. Baron GAIZOW observed to the Jury that it was clear that this man was not poaching, and that they mti‘t find a farthing as the damages; but if they thought that that was not sufficien t to itn demnify the plaintiff' for the damage done by this trespass, they might give the subject their serious consideration, and find a ver dict for a half-penny if they thought proper. The Jury having deliberated for a few minutes, the foreman said " we cannot find this to be a trespass, as the pour man only went to ask for work." The Learned Judge—l fear, gentlemen, that if a person gives another notice not come on his lands. and that other only crosses his court-yard to ask for work, or to beg a jug of ale, or any thing of that kind, he may if be is churl enough, to bring an action of trespass for it: If you hod a verdict for the defendant, I fear it cannot bb supported. The Jury thea found for the plaintiff, damages One Farthing. The Learned Judge then said, that the bringing of such acuons as this had a bad tendency. as it went to discourage actions which were fairly supportable. The plaintiff in this cams, however, was by law entitled to recover one farthing for his damages, and an other farthing for his costs. OIMIERT L. COTICUT AND INEVD, Mr. RICHAaDS opened the pleadings. Mr. Sergeant PEAK E stated that this was an action of trespass brought by the plaintiff, who had for many years been constable of Cheadle, against the defendantr, who were bath Magistrates of the county of Stafford, for causing the plaintiff's goods to be din trained. he having been improperly fined by the defendants. The Magistrate being constable of Cheadle, received a warrant signed by • Magistrate of the name of Wheeldon, commanding the constables of Cheadle to apprehend a person rained Blower, who resided at Cavenwall, for an assault on a person named Ryley. This war. rant the plaintiff refused to execute, on the ground that Csvenwall was out of the parish for which he was constable, and was three miles off, and that there being constables of that parish the war rant ought to be executed by them. However, for this refusal, he was sunntioned before the defendants, and he as well as his brother constable of Cheadle were fined a guinea each. The plaintiff refused to pay this fine, on the ground that the place being out of the pa rish for which lie was constable, he was not bound to execute the warrant, and then the defendants thought proper to distrain the plaintiff's goods for this fine. By a late Act of Parliament, indeed, constables were empowered to execute warrants out of their parishes, but that Statute did not authorise Magistrates to fine then; because they would not execute warrants MeSery place to which Magistrates might choose to send them. Russel Ball, the other con4table of Cheadle, proved the circum stances as stated by Mr Serjrant Peake. In his cross-examination he said, I paid my fine ; I thought it the easiest way of getting rid of it. Mr. Coyney, one of the de fendants, said that (Halbert was fined twenty shillings, and I after terwards heard ( - lambert say he would not pay it. That was about a fortnight afterwards. Thomas Bullock—l am ■ cnnstable of Cheadle. I succeeded the plaintiff: I was employed to execute a distress warrant on the plaintiff's goods; this in it ; it is signed by the defendants, and under it I distrained a silver watch, a ribbon. and a key. It was valued at thirty shillings; I sold it to James Wcherley. Cross-examined by Mr. CauriviLk—l made the distress while the plaintiff was at home was to receive him twenty.one shillings under the distress. I was not uncivil, and gave no angry words. The distress warrant was read. It directed Bullock to levy twenty-one shillings by distrainlng the goods of the plaintiff. John Nutt—l am a constable of Kingsley; I was Adore the Magistrates; I saw Mr. (!oyney, Mr. Sneyd, and Mr. Wheeldoa. A complaint was made against the plaintiff for nut executing a warrant. Mr. Wheeldnn said, " Gimbal, how dared you to leave the room r The plaintiff said, that he was gone to look atter some men: a complaint was made against the plaintiff, and the plaintiff said that he could not execute the warrant. because he was not levying the King's taxes ; one of the def en d ants sa id, You officers affect to know better than the Magistrates. Mr. 'fauNTOX addressed the Jury for the defendants. By a' very salutary regulation, the AMR of Parliament made relative to the office and duties of a Magistrate were forwarded to the different 1 acting Magistrates, and ft happened, therefore, that they knew of the late Act of Parliament for the regulations of constables. Before inst statute, if a warrant was d:rected to the constable of spanks/sr I place, such constable could rot execute the warrant out of that place; but now by the statute 5 Geo. IV. e.lB. a. 5. it is ducted, that it shall be lawful for the constable of a particular place to exe cute warrants within all places in which the Justice had authority to act when he granted the warrant ; and under this statute, he would contend, that if these constables were so antbordesi to act, it I was competent fur 31agistrites so to direct warrants to them to act all over the county ; and that by the statute of 3 Geo. ill. e. 55. a. 1. two Magistrate,' were authorised to impose find on constables not executing warrants that were directed to them. There was in fact not the slightest pretence for saying that there was any hard ship itt the infliction of the fine, or in the levying of the distress, for the defendant might have redeemed the watch for twenty-one shil lings at any time before it was sold. Mr. Baron Gannow—lt would be of the last imrortanee some times that the Magistrates should pus over the constables of the parish. They might be nearly connected with the party to be ap. prehended, or there might be a great many other reasons why the constable of the parish would be the hut person that should be employed in executing et warrant.. The conviction of the plaintiff by the defendants for trot execut ing the warrant was put in. Mr. Sergeant PEAKE replied, and contended, that though the Statute I lieu. 4. empowered constables to act out of their parishes, it did not compel them to do an; and that it they could be so corn. riled, a constable might have the g eat expense of travelling over a whole county for every trumpery assault fur Which any party chose to take out a warrant. _ Mr. Baron OARROW—I feel no doubt in this case. -I am clearly of opinion that when the Legislature says that it shalt and may be lawful for a public officer like a constable to execute warrants over the whole of a certain district (in this case the whole county). that must he taken to mean that such constable is bound to do it fur the Legislature never intended that when the Magistrate directed the constable so to do. the constable should be a court of appeal over him to say whether it should be done or not. I therefore feel no hesitation in nonsuiung the plaintiff: The plaintiff was then con sulted. CROWN SIDE. Before Mr. Justice LITT LEDALE. MANSLAUGHTER. Thomas IVhale V/34 char;zed with manslaughter, in killing William Reynolds and William Rowley. Mr. WHAT ELY conducted the prosecution, and Mr. CUIVIVOOD the defence. It appeared from the evidence that the prisoner was the engineer to 111tasrs. Ward's steam-vngine at their coal mine at Wolver hampton, ar.d that the engine not being at work, the prisoner wmt t t examine another part of the machinery, when the two deceased, with six others, got into the skip (a sort of basket in which the men go down the shaft) and by some accident the engine began to work before the prisoner had any knowledge they were there, and by those means the two dec ease d were precipitated to the bottom of the mine and killed, and the other men thrown on to ground, and considerably hurt. In the indiciment it was charged that the prisoner knew that the deceased were in the skip, of which there was no proof. Mr. CuItWOOD objected that this was a material allegation, and must be proved. The beamed Jtjnox concurred in this view of the case, and directed the prisoner to be acquitted. The witnesses for the prosecution all stated the prisoner to be a man of moat careful habits, and was on that ground selected by Messrs. Ward to hsve the management of the steam engine. Verdict—Nut Guilty. NORTHERN CIRCUIT. LANCASHIRE ASSIZES.—LAxcAsm, Almicat lA. COOHAN V. HOLT. Mr. STARETE stated that this was an action brought by the plaintiff to recover against the defendant a compensation in da mages for slanderous words spoken of and concerning the plaintiff. William Mallen examined—He is a wheelwright; knows the plaintiff and the defendant, Mr. Bolt, who keeps a school at Wal ton, near Liverpool. He assisted Humphrey Home to hive a swarm of bees. There were some sheets used upon the occasion. They were left out that night. This was Saturday, the 3d of July. Saw the defendant on the Tuesday. The defendant said the plain tiff had been at his house to know the reason of his taking his cha. ratter away. lie said he was a notorious thief, and he might send him to law as root) as he thought proper, in order to give him an opportunity of proving that he was one ; that he had taken bread, butter, sour, milk, tongues, and wine. The tongues were in pickle; the servant was sent down stairs to fetch them up ; there were 'fifteen missing, and many more things to a serious amount. He also said he bad set a watch, and saw a man run towards the church-yard, and get over a gate belonging to J. Gore, and there he lost sight of him. He put a 111.. q in, the church to point out the plaintiff. He thought the plaintiff was the person by his site, but could not swear to him, because be bad his every-day dress on. Humphrey Horne gave similar testimony. 91r. STARKIE—Thai is our case, my Lard. The ATTOASSEY-GcNERAL then rose and said, the defendant wasa Clergyman, and one who would not, without he had been justified, have spoken of the plaintiff in the manner he had done without cause. He did not dewy the words charged to the defen dant, that lie (the plaintiff) Was a "a notorious thief," but the other words could not be supported; they were these—he took " bread, butter, Hour, wine, and tongues." They were not stated in the declarat!on, and consequently the action did not lie for these words. The Attorney-General addressed the Jury, and stated the nature of the stolen bread, which had justified his client in charging him with that act on the record, and which he was detected in stealing through the means of a female servant its the employ of the defendant. The plaintiff, on being detected, fell on his knees, and asked for pardon. The Learned Gentleman then called— Elizabeth Mountain, examined by Mr. Brixt.rams--She for merly lived servant with the defendant in 1819 ; was • house maid ; defendant kept a school, he had 82 young gentlemen boarders in his house. Jane Threlfell, Betty Fill, and Sarah Lofthouse I-ere fellow servants of hers. Thomas Moore was the man-servant. She saw Jane Threlfell hand to the plaintiff a loaf, he put it under his coat and went away. She heard the plaintiff say be was very sorry for what he bad done, and that he would do so no more. Thomas 3loore examined by the ATTOIINET-GENIR•L--SaW plaintiff and the female-servant come out of the bakehouse, she had a light in one hand and a loaf in the other • it was the basing. day. She came to the wash.hotise door, and blew out the candle; she gave the plaintiff the loaf ; he went into the stable and fetched his hat, and then went out of the garden ; be took the loaf with hint. The Jury consulted some time together, and then asked leave to withdraw, but afterwards, through their foreman, addressed his Lordship, and said that they were at a loss how to find their verdict. The JUDGE explained, and said—Gentlemen, you will filet consider whether the plaintiff, in the tint place, stole the bread, &c., and if you arepf that opinion, then your verdict will be for the' defendant on the justification; but inasmuch as .he plea of justification docs not go to the full extent of the wo r ds spoken, your %erttict must be for the plaintiff upon that part of the declaration, with such damages as you may think proper. Perhaps you will estimate the damages with reference to your opi nion as to whether the plaintiff stole the bread or not. You will recollect that the damages cannot exceed the amount laid in the declaration. The Jury found for the plaintiff'---damages, 40s. costs, 10s. ; and for the defendant on the justification. FRIDAY, 31ARCH SHOOTING, BY A COTTON-SPINNER. Robert Lotus, aged 17, was charged with shooting at Thomas Hesketh, with intent to kill or de him some grievous bodily harm. The parties were both journeymen cotton-spinners; the prisoner a member of the Union, the prosecutor not ; and on the latter going in November last to apply for work at Messrs. Caton'e factory, the former, who was employed at that mill, threatened to shoot him it he came nabigg there linen who refuse to join the Union are called nob.sticks). In December the prosecutor did go to work at Messrs. Caton's, and on the 30th as he was going to his work before day. light, he was shot at by a person, whom he and another witness be lieved to be the prisoner, and slightly wounded in the breast. The case against the prisoner was a good deal strengthened by dream marmot evidence, though there was some which weighed in his favour.—Guilty--sent,nce of death recorded. LIBEL. THE ZINO ON THE PROSECUTION OF JOHN FLEMINd. IltllQ. V. ELIZAIIETII MANNY AND JOHN WHEELC&. Mr. STAIIKIE stated that this was an indictment preferred by Mr. Fleming, a respectable gentleman of Blackburn, against the defendants, proprietress and editor of the Blackburn Mail, tor cer tain false and improper imputations thrown out by them in that pa per. Mr. Fleming entertained no hostile feelings towards these in. dividusls, his only objet: being to protect his character from vile and unfounded calumnies. The defendants had, therefore, been very properly advised to plead guilty to the indictment ; and it had been stipulated that they should pay one hundred guineas to some public charitable institution, of which stipulation, however, the prosecutor would consent to waive the performance. He was wil ling that the defendants, on pleading guilty, and entering into their own recognisance* to appear to receive judgment when called upon, should be discharged. Mr. WILLIAMS, on the part of the defendants, haring consented to the arrangement, Mrs. Ilunby and Mr. Wheeler appeared and pleaded guilty, but were immediately d'.,charged on entereing into their own recogni sance), iu the sum of 2001. each, to appear when called up for judg. meat. At a meeting of the burgeon an d inhabitants of Liver_ pool, held on Friday, It was resolved to petition the House of Commons fur a repeal of the window-tax. Workington races are to be among the revivals this year—in July and August next. The Stewards are ap pointed. Ise ploof of the prolific tendency of legislation, we ob serve two Bills now passing the Commons, the one to" allow the enrolment of articles of clerkship to attorneys, in cer tain cases of neglect," and the other, " to prevent articled clerks from being prejudiced by the neglect of their mu ter., in omitting to take out certificates." Now these Bala are so similar, and relating to the same class of persons, that surely they might have been most naturally corn- Dined. But then there is tLe vested right of fees, ate. -- -1 Su•tday l'aper. := LIMERICK ASSIZES, Matsu 8. Patrick and 3for4t Pdrick and Islreera.-4 1° John and Edward firatiaton, hairs APl:deny, Daniel, Patrick. and Join Gqtmt2.re. and Join and Michael .Veo!on, were put tor *at& charged with assaulting the habitation of James Lynch. at Kilhr:edy, on the 2frth of Jantiary, I81:‘, for injuring 13 . 4 hal.ite• dot, and braking into it; and on a nn ih er indi ct me n t. f or an tlalar fui asse,mbly at the same time and ;laze ; sad on a shied %Only!? ft: for unlawfully compelling Jsunds Lyr.th to quit kis employaset it Land Bailiff James Lynch examined by Mr. Sergeant (1001.21--Lived at Kilbreedy, on Mr. %Vannes estate, in the employment of Mt. Lenin O'Brien. the coder-tctart in January hat ; his family consisted of eight persons ; he was thra keeper ever the cattle at the Oiltenanes, which had been distrait eel by the Assignees of.Vir. O'Brien • the cattle were taken away by night from him ; his b i cuse was attacked the 25th of January, about eight o'clock ; Oiled the family were in bed t the time; when the party fast came about the house he heard a shot fited ; the window was then broken, A' the door burst in, when an unarmed party er.tered, and asked song there any strangers in the house? To this witness replied hot they then demanded the man of the Niue ' when witness stood arc and said he was th e p erson ; t h ey heat him End his wife repea• - eine ge , and dragged him ou t s id e t h e h ouse , w h ere t h ere was a lar piny. He was here asked to see if any of the pviwohers were there ? and stated that he thinks he saw them, but is not quite certain of e etc identity; he persisted in swearing that be mild not say taps lively they were present, as his eyes were bud at the time, and the Moon was concealed behind a cloud ; he was again desired tejook at the prisoners, and state whether he saw them that night, bi. l l he persevered in saying that he would not tor the world swear posi• tively to them and endutgerhis soul. lrtthe informations made by this witness before the Magistrate/ who committed the rdsoners, he swore yusit 'lvey to the identity of them all. There being to thither evidence to identify the prigi?ers. the Crown gave up the prosecution, Ind they were all acqttlued. The Learned Juntsg remarked strongly on the state Ofth , county, as developed during the course .e( this trial, and sated :hat it wan A melancholy retttion that a person coming forward e! wake informations against tndivittuals whom he had known twerat rears, should on that table declare that lie could not identity those persons. It woe, he repeated, melancholy to reflect ofs thw state of society; where, from terror, such things were thund to exist—terrors which ought long since to have ceased. The prosecutor was kept in custody, as the Crown Lawyers ins timated their intention of preparing an indictment against hid for perjury. saucy wished to let she council , see it was not the intention of chi Crown to put any individual on trial es light. grounds. POLICE. • . GUILDHALL. • • THE FOUVD Norti—On Saturday Ellx4beilt. the wife of Joseph Dynan, charged with unlawfully detaining two 4UL notes. was brought up for a third citamination.. At the second examination, Mr. Alley the Han!ster, contenile,. that her offence was' imilar to that of a banker receiving a haft at his counter, detaining it, and refusing to give value for it. '(be only remedy was by actioa. So he would say Mrs. Dynan's *tong doing was not cf a nature to render her amenable in a criminal coin. Saturday her Solicitor spin urged that there must have ber. an intention to steal, at the very moment of receiving thb notes, to make a constructive felony. She did net go to ask for the notes. Moodsing to get them changed, but they were brought unawarts to her, and she proceeded in the wey a bona fide purchaser would have done. If the intent to defraud arose subsequently, the Judges had held it not to be a criminal offence. She was ultimately again remanded. DO.W•STREET. On Saturday, John William Barkley was brought up en the following charge : Mr. Monerieff, a printer in Drury.lane, and the author of several successful pieces at the minor theatre., stated that the prisoner was his apprentice, and that he twitoesr 7 had been employed to pr:at tee box tickets and u many plt tickets to: the benefit of :Mrs. Middleton, of the Olympic theatre, and that he sent the prisoner with the tickets to Mrs. 11l but the prisoner had taken four of each sort and sold them. A Mrs. Adams, who handed in her card to the Magistratei. in which she was described as a dealer in benefit tickets, ',roved that the prisoner offered them to her for sale, but she deelln'ed purchas ing them. Mr. Moncrieff said the prisoner had also robbed him of a quint'. tity of type. He was remanded for further examination. . MARRYING A FoaTtiwt.—M7s. Louisa Lrdtry was brought up from St. Mw-tin's watch•house, charged with asiaultirg het liege lord, and inflicting on him person divers wounds and and also with threatening to stick him. Poor Mr. Ladley stated that he had the misfortune to be inst. tied to the prisoner about twelve months since; that she had fee some time peat hod a much treater liking for bias runs than the had for him, and whenever she got a "drop too much" of her fee vomits cordial, she commenced an attack upon him vi et allure, in which he was generally defeated. Last night she threatened to'do for him, and continued Marnpiug him until some peered tithe to his assistance, by whom she WAR conveyed to the Watch-hotter. In answer le the charge, Mrs. Ladley, who appeared to be " fat, fair. and forty," stated that the transfix! (her husband) had miry td her for the sake of her money, the whole of which he had spent, amounting to 6001.; that he continually nireleereet her. aid she could not get so peace no-where. As to blue resin she hated it, but did not dislike an occasional drop of ecenefreet. Mr. Ladley admitted he had received the above stun with h'S better half. which he was willing td result her lithe - would separate herself team him. The Magistrate ordered the lady to find two bail ; to which she replied, "Sir, I will go and ji , !ch two and twenty." The Magistrate said she might send for whom she pleased, ordered bet to be detained until her bail arrived. HATTON-GARDEN. On Saturday Wen. linden, a rather well-dressed man, rag brought up in custody of Limbrick, an officer, chseged, on the information of Johanna Erle, with robbing her of furniture end other property to a considerable =mint, and under no very gracious circumstances. It appeared that the prisoner, who it by no means an Adonis, has lived with several young women on the most intimate urns, the last of whom, the prosecunix, had devoted her time, taints, and treasured honour to his use and pleasure, in return for which he took advantage of her absence from town on Saturday last to remove all the furriture and Ether property from her apart ments in Euston -street, Burton-crescent, a part of which he sold nit for 151. and the residue he packed up in cats, and booked them at the Swan Inn coact-office for Bath, whither he went pit on tte following Monday, to play, perhaps, the same game with another unfortunate who had yielded up her virgin heart to the attacks of this accomplished Lotherio. Bullets was apprehended in Bath by Limbrick, who was sent from this Office,and brought up in custody on Monday laid. The pris Ater, in his defence, contended, that the property was all his own, because he had been in the habit of giving her (the proses -Istria) the prodigious s.itn of 20s. per week, to provide fcr their entire establishment ; and therefore he conceived he was eh tided to sell the furniture to whom he pleased. The IllEgistrate, however, did not join in the calculation t-ae. by the prisoner, that the ;Gime woman could save eno mph out gr . his pound per week for six months to buy at least sixty pounds of goods. The depositions were then taken down, and the prisoner was committed fur AI A R LBOROUO 11-ST FLEET. Uncle Ben, the Champion (as he calls himself), sad the thoousnd poen:lee (as others call him), was charged at the absve office, with making a disturbance in the bar of the Ball public house, Witulmill-street, on Thursday night Ben, it appears. with a friend of "Mon," entered the house Inc question, and the latter told the landlord that he had acted itr a most unreighbourly manner ' in spreading a false report that Burn had lost hi, license." The landlord denied the truth of the accusation; sor.le high words arose, the vulgar-tongue vocabulaTy. was resorted to, and in the heat of debate the spirit machine waft damaged. Ben and his triend were finally given into the custody of the watchman. The landlord acquitted Ben of improper conduct on the occasl:i , but declared that his friend was exceedingly violent. Mr. Coutisc observed, that Ben was UntollMate in ectCiilt into trouble. and examined two watchmen, who swore ro.intLy that Ben and his friend were both drunk. They appealed h, Smith, the night-constable, who said he did not think they were drunk. There were two oaths, however, to one, and Mr. Coosa: ordered 'h Ben and e his friend dTc y la i :ed fine th o i f t ss it . w each asa . species of robber', 0.:4 were compelled to submit to. They paid the money very reluctantly, and one disehtged.' UNION-HALL. FRAUD AND FORGERY.--ttaturday, Malang Bewitici, an its derly man of respectable appearance, but who said he WAS a Bulee of the King's Bench prism:, was brought before Mr. Swan2it, charged with having forged a b.. 11 of I..ding, and obtained by mew of the forgery the sum of 301. from Mr. CoLins of the Claphabs Hood. He was also charged with forging the mark of the Genera Post-office on the envelope of a letter. Mr. tlollimt stabsd, that In June last the ptisoner was intrododdel to him by a Solicitor named Seale, of ‘Vaterloo.strert. Lambeth, and, as w the practice among respectable men. h: wished torsos • awn of money far a friend. He applied for 2.0001. and rli,d ke would give as a security tut bill of lading of a cargo of oil, wire, and sponge, which had been consigned to lieu frost. the Madder. tantan, and was expected to arrive very shortly in England by ar Speranza, Captain S. C. roporieb. The priion!r produced a tulqro.4B.rmapiturtniport.sezi,nigi,bkl?ithautochveladahei:tiariebncele.ereedx.;,..gmfro4n4etailk.t,r.A:thettertaas unable td give any reference to London nierehanta, and the praioner said. Oh, he meld bilerew live or Es thriniand pounds, if het t proper." The witness then advanced him Mt to part piths!, i.p..n the faith of the bill of lading being genuine, and be in his posiwasion that doeumtint and the lever in *hitt It was en closed. Sonic IlUltatie:, he suspected he had been 'alp's/4 upon, and be applied to the Poll Ofii:e, and was th ere ia„,,,, p d „b it letter bad never passed thtilogli the Onkt, and that the name of • Trieste," and the other postmarks, were forgeris". Ho else ap. plied t. Lived's, and umeetwilied that there was no ship named the sperimm as onentiontNl in the bill of bit. Sege, the SoLsiter, PA, hi lead the i t-...socet ale 1 , 1 1111..111di