The British Press; or, Morning Literary Advertiser. — London, England, 1825-11-18 00:00:00

The ATTORNEY-GENERAL...I have looked with some atten. tioa to find such a ease. and I confess I have not found one. Mr. Justice BAYLEY—Part of your premises is founded on what was aa;tl by Sir Richard Birnie. The ArtiotxtY-OrstaaL—What passed with Sir Richard .rtroie is only as to the motive. r.. , o•dee BAXLEY—And also as to the future intention. 'lon A TORWEY-OElFlCRAL—rerlisps your Lordships w ill p a _ II me u. mention this case again to.day : and in the meantime we •.:'1 endeavour to get the affidavit of Sir Richard Bixnie, or some satisfactory reason for not having it. The Loup Cites, JURY ict —Certainly. The Ai voIteEY.GESTIRAI.—Or to.morrow morning, perhaps, if we should not be ready before t',en. The Low) tosser JUSTICE—By all means; we will hear you ei:bcr to.uay or tomorrow morning. Sir Richard Birnie, at n subsequent part of the dly, came into .(load, and made an affidavit in the same terms which bad been used is that of the Marquis of Ilertford. The l'oullT then granted the articles of peace against the Hon. Augustus Stanhope. THE IMO V. TUEntII7"..L. . . . The tlefendant. Wll.7;ascot;;iCtedWthe last York Assizes, of hi , i);g, with another man, of the name of Taylor, violently as saulted an Esc-me °Seer, at Illorpeth, in Yorkshire, while in the theehargs of 1)1+ duty, was sentenced to six months imprisonment inlhe fleas eof Correction at Alorpeth, and to find securities for his geed b,.hat tour for three years, himself in 501. and two others in 101. tacit. THE ICING V. IT.EIIDER. The defendant was an Excise officer. At the ]oat Gloucester A•s+i's he pleaded guilty to an indictment, charging him with having wrongfully appropriated to his own use two sums of money, .arnoun . ing to 81. 18s. which had been received by him from some brewris at Gloucester. Ile wee sentenced to six months' imprison ment in Gloucester gaol. THE ILINGv. JAMES STAMP SUTTON COOIE. The defendant, it will be remembered, was convicted at the Stafford Araizea of creating a riot on the lands of Lord Stafford. Mr. TAUNTON, fur several terms past, has been regularly in the habit of moving that Mr. Cooke should be brought up to re ceive judgment, which applications have been as habitually avoided on the part of the defendant, by the fortunate inducement of a fit if the gout at the precise time. Mr. TAUNTON, this day, made his customary application to have Mr. Cooke brought up for judgment. Mr. CAMPBELL, as usual, said that he had affidavit* stating that Mr. Cooke well labouring under an attack of gout, and that he could not come up without the greatest danger to his life. Mr. 'faux TON said that it was very unfortunate for these affi davits that he, himself, had seen Mr. Cooke, and spoken to him on Moneay last, when he gave his word that he would attend this day to receive the judgment of the Court. The affidavits were put in. They stated that he had been sud denly seized with an attack of illness yesterday afternoon, about live o'clock. The Loan CnIEF JUSTICE—None of these affidavits are made by a medical man. Mr. I . ANIPBEL I. prayed that judgment might be respited till Mr. Cooke should he sufficiently recovered to attend the Court. TI e LOILDCHIEP JUSTICE—I think the utmost we can say is, . that we will wait till to-morrow, to give you an opportunity of get . ring affidavit of a medical man. Here are four affidavits, and only one made according to the rules or the Court. THE: RING I. COLLINS AND OTHERS. Mr. TAUNTON said, that as he had taken nothing by his last motion. and as he was apprehensive he should not be able to catch Mr. Cooke this term, he hoped the Court would allow him to make another motion. He applied for a rule to show cause why a writ of quo ware auto should not issue against Collins and ethers, burgesses of the borough of IVeymouth. This application was similar to one which the Learned Counsel moved fora few days ago against the Mayor of this borough, and was to try whether their election was good. having been sworn in by a Mayor whose election was lad.—Rule ;panted. THE COMMON SENSE. THI•IIINO, ON THE PROSECIITIOX Or COL. BERKELEY, V. HAINP:R AND PRIAN. Mr. Baoranssr, on a former day of this term, obtained a rule to show cause why a criminal information should not issue against the defer.dants. as the printer and publisherof the Commove Settee, for a libel published In that newspaper on Colonel Berkeley. The AVTORNET-tiENF.RAL showed cause. He said that he was instructed to state that Mr. Brian knew nothing at all about the paragraph, and never saw it till after it was published. With respect to the other defendant, Mr. Hamer, he stated in his affi. des i: that the greater part of the paragraph was copied from one which appeared in all the morning papers. Mr. Baot . t.tiA3l—We do not complain of that part of it. The A T TOSINF.T.OENEIAL—AII to the rest, It was communi. cited in the ordinary way. The LORD CRIET JUSTICE—How is that? The ATTORNEY.° s--They state that they inserted it on the authority Oa private correspondent. The Loan CHITA' JUSTICL—III that all they say? The A T TORY IC-GENERAL—I was desired to state these facts. 1 certainly told the parties I thought they were no defence. I base, however, stared them, and in so doing have done my duty. The COURT considered this to be no ground for discharging the rule. Bole made absolute. MR. WOOLER. Just as the Court was about to retire, 31r. 11 - oolcr rose to ask their Lordships lithe course of business was onw such that they could name a day when they would be able to hear him ? The hostriCsstrrityrricr expressed his regret that they could not at present. Ile asked 31r. Wooler if his application was not in the nature of a mandamus to the Society of Lincoln's Inn to admit him a student. Mr. Wooler said that certainly was the nature of his intended apolization. The LoxisrusEr JUSTICE expressed a doubt whether they would assist him. Mr. Wooler—Mine Is a very hard case, and I hope you will, on hesring the circumstances, think me entitled to a remedy. The Loan CHIEF J Vla ICE—But I doubt very much whether we have any power to give a remedy. Mr. Wooler—l am not to understand this as being the decision of . lour Lordships, that you can give no relief? The LOID CHIRP' JUST/CZ—Oh no, by no means. Mr. Wooler—Your Lordships then are unable to name any day? Mr. Janie'? BAY E Y—Ta-MOTIOR it a special argument day, and Saturday is a special argument day. Monday is an open day, but then there is the Bar to get through. Mr. Wooler—l will take the chance of that day. COURT OF COMMON PLEAS, WZSTMINSTER, TRIVRSDAY, NOV. 17. Sittings in Banco. some prisoners confined for debt in the Fleet were brought up on their petitions to be discharged under the Lards' Act, upon the hearing of which the Court granted their prayer. EX-PARTE MART CRESITELi, TNPANT. Mr. Sergeant Wi Lax moved for a rule to show cause why a writ of /*oboes corpus should not be directed to the mother of the infant, Mary Creswell, commanding her to bring the child into Court. It simpered that the father of the infant had by his will bequeathed eertsin property to his wife for life, upon condition that she did not again marry ; and after her decease or second marriage, the pro. perry was given to his daughter Mary ; and the testator appointed a guardian of the estate till she should attain the age of 21. The mother, however, broke the condition upon which she held the pro perty, by marrying again. Since her second marriage she had very much neglected the child. who was now five years of age, both u regarded her person and her education ; and the property having thus devolved upon the infant, in consequence of her mother's marriage, it was the wish of her guardian to get her delivered over to him, in order that he might place her under the care of a person who would properly attend to her health and education. The pre. not application was, therefore, made upon the affidavit of that . aniividual, who was anxious to discharge his duty towards his ward. The Conn Cults. JtrsrtcE observed, that in consequence of the property in question being, as he understood, of small value, he thought it ' , mid be better to grant the rule to show cause. though 3n strictnais he believed the Learned Counsel was entitled to the writ of he6ea. rarrus in the first instsincc. The rule nisi was accordingly gran•ed. The Court rose at an early hour, and the Lord Chief Justice pro eeeded to the City to try causes at Nisi Prim:. BROOKS v.DAV IS. This was an action to recori•r 13t., being the amount of a bill of eiehange drawn by the pluilitift on, and accepted by, the tle. ler:dont. The defence to the action wits, that the plaintiff had received a quantity of cloth from the defendant, of the value of 141., in die. charge of the bill. The witness milled to prove the delivery of the cloth equivocated eery mach, and in the course of his crons-exatnination said, that although he knew the defendant was in the rules of the King's hooch, yet he did not know that he was a prisoner, as be always thought no man was a prisoner unless he were actually width' the sal,s of the prison. The plaintiff met this attempt at establishing a set-off by the • evidence of the sheriff's officer who arrested the defendant while apparently at large. On that occasion the defendant said nothing mutterer against the validity of the debt, or that he had in any way discharged it; but, instead of this, he claimed to be privileged from • *Mat in consequence of being a prisoner confined within the rules o: the King's Bench. The officer did not, however. credit this tale, imumuth its the defendant was, to all appearance, living creditably in the neighbourhood, and assuming to be conducting his business edmolestedly. lie therefore took the precaution to go to the Rules fiftee of the prison with the defendant, when the latter obtained RA usual certificate that he was a prisoner within the rules. The LORI) CR Iry JUSTICE put the case to the Jury upon the vendibility of the defendant's witness, because, if they did not be- Mese his story, the derma must fail. • The Jury, without hesitation, found a verdict for the plaintiff— . _ COURT OF EXCHEQUER, Tffrotio•Y, Nov. 17. Before the LORD CHIRP BARON.] 4nee 'VICAR OP P F.TTIVOT ON V. JACENON AND OTHEUS. this case, • bun had been filed by the plaintiff, 'the Rev. Mr. view of Pett.ngton in the county of Durham, for the put . impelling the defendants, M s parishioners, to pay certain Waged to be due to biro. A distinct models of the whole parish was set up by the defendants, amounting to 471. per annum, payable in half yearly payments. After the interrogations to, and answers of a number of parishioner had been read. AIL Six earitsow rose, and addressed the Cotirt em heholf of the Vicar of Pettiegton. Ilecontended that the 'nada, which had been set up by the defendants must, like all other, he proved to be an invariable sum, which had never been deported from since a period of time. previous to the year 1169. Now, unexceptionable documents would clearly and satifactorily prove the cannery/a have been the rime; and that the sums paid far tithes had repeatedly varied. In the first place, he would call the attention of the Court to the endowment of the vicarage, which took place in the year 1213. It was at that time directed that the vicar should receive annually a sum of ten marks for tithe'', and if the tithes did not crake up such sum then the rectory should sure iv whatever deficiency there might be. This was fur altarage. There bRd been contests at several times, which had arisen as to the meaning of that word a/fart:rt. The meaning, however, attached to the word altaregium, in the the text books, was '• a fee for taking care of the altar." That this was for the tithe of hay and corn appeared Strom the exception made of the tithes of wool and lambs. In the taxation of Pope Nicholas, the amount was the same. The valuation made under that Pope had been at times regarded with jealousy; but here it was not merely the opinion of a churchman, but made or. the oaths of 36 men. The value of these ten marks was 111.135. 4d., but the amount of the present modus was 471. In the reign of Edwad 11, in the year 1319, a new taxation took place, and under this note taratio, the tithes were only worth 1/. a year. But their value lied then fallen considerably, in consequence of the inroads which the Scotch had made into the northern counties, Irving waste the country as they proceeded. This diminution in their value took place tour years after the battle of Bannockburn ; but four years previous to this period it was found that debts were due from the prior and convent to the vicar, to the amount of 181. 13s. 0., 81. of which was subsequently paid, leaving a balance of 101. 13s. 4d. against them. It might therefore be inferred, that as the prior and convent had failed to make good the sum, the vicarage was taxed without any reference to the demand the vicar might have against them. Another document was of very great importance, viz. the Ecclesiastical Survey, which proved not only that a varia tion did exist, but that the survey was made in a way which would have been impossible had these moduses existed ; for the persons employed to make that survey could not have been so ignorant of their duty as to value the vicarage piecemeal ; yet it was found that they calculated the tithe upon wool and iambs at 81., that upon bay et 31., and even went so low as to estimate the tithes upon pigs, geese, and hens, at 16s. per annum. The very stela valua tion—that of the Parliamentary Surrey—treated the vicarage as fluctuating; at this period produce had risen in value, and it was well known that that survey was made wish more care and accuracy than any of the preceding. In this survey, then, the profits of the tithes were valued at 331. A reference might be made to the entry of the books of V leer 3lurray, by which it was clear that the parishioners were liable to pay tithes of lambs and wool. If so the case for the defendants was totally destroyed. It was also clear that two farms paid no tithes whatsoever, and were liable to nnne, although they occupied each 100 acres. In 1749, it appeared by the entry of Vicar Shepherd that the amount of tithes of the township of Pet tington was for one half year 111. 7s. 2d. How then could this be made the half of 271. 14s. 4d. ? With respect also to Shadforth, there was a material variation. In 1772, it was 41. Os. 30. tin 1774, it was N. 18.. How was this circumstance to be reconciled with the modus that had been set up? It appeared by all the sur veys that had been made, from that of Pope Nicholas down to the Parliamentary Survey, that the rectorial tithe.' exceeded in value those of the vicarial. Yet, during the Bth Elizabeth, the Dean and Chapter of Durham let the rectorial tithes at a rack rent of IL fis. Bd. How then was this fact to be reconciled with the modus that had been set up ? Mr. BICKERSTETEI followed on the same side, and contended that several variations appeared in the tithes of the township of Pettington, and in those of Shadforth, that the mains which had been set up had bren disproved by evidence, and that it was clearly without weight, and of non-effect. . . Mr. JERVIS appeared on the part of the defendants, and con tended, that whether the moduses had, or had not been proved, it was clear that the vicar had, by accepting at sundry times sundry sums, proved some of them to be correct, and had, therefore, de prived himself of all right to take tithes in kind; that his Lord ship could not makes decree, even if he considered it proper, with out sending those modusea to an issue, and that an issue must be directed to meet the facts of the case, as these facts had been proved. lie would refer to the use of Provost v. Bennett, 4 Guillim, 1723, for authority that the Court could direct an Issue to try a molts, notwithstanding it had been made within legal memory. The Learned Counsel then entered at great length into a statement of the various points which he conceived bore upon the case. The LORD CHIEF BARON deferred his judgment. INSOLVENT DEBTORS' COURT, Tuunsoar, Nov. 17. The Court was occupied this day in going through some cases which stood over from yesterday, none of which were of any public interest. The Court at its rising, adjourned to Friday, the 25th instant. COURT OF COMMON PLEAS, DUBLIN, Nov. 10. A 3IILLINER'S BILL, 91111.! LITTLE V. TRENCH. ESQ. Mr. WALLACE applied to the Court on behalf of the defendant for a conditional order, to set aside the verdict which was obtained by the plaintiff in this cause, at the Sittings after last Trinity Term, on the ground that such verdict was contrary to law and evidence, and the damages given to the plaintif excessive. The action had been brought by the plaintiff; who is a milliner, to recover the value of a quantity of jewellery, millinery, and other expensive articles furnished to the lady of the defendant, and a verdict of 948/. damages had been pronounced in the plaintiff's favour. It was to be observed that the articles which formed the ground of that action had been furnished to the wife of the defendant without his consent or knowledge, and at a time when the lady was known by the plaintiff to be living apart from her husband, and when he also knew that a provision of 8001. a year was made for her, and was at all times ready for her acceptance, the plaintiff having been ap prised of these particulars, and having received a caution not to give the lady credit. It would appear, on examination of the nature of the articles, that they could not possibly be oonstrued as neer:write. The COURT granted the conditional rule. _ _ Mr. WALLA(Cbegged to add, that in the space of four months, no less than 6001. worth of jewellery and Castle dresses had been ordered by Mrs. French. Mr. CtusterON observed, that it would he rather alarming to Gentlemen to find it decided by the verdict of a Jury that it was neccatarei for their ladies to have three Castle dresses for one night. Mr. WALLAcE—Yes, and wear them all on the same night. Mr. Sergeant GOOLD said be would engage to uphold the verdict. CORONERS' INQUESTS. An Inquisition wu taken on Wednesday evening at the Board room of 3liddlesex Hospital, before T. Stirling, Esq. on the body of James Pulling, a journeyman painter. aged thirty years, who died on Saturday night last, in consequence of falling down a flight of stairs while in a state of intoxication. It appeared that soon after the fatal accident. Mr. Bryce Pyman, an apothecary, of Castle street, East, was called to attend the de. ceased, whom he found lying in his clothes on a bed, having evi. dently been very dangerously injured on the head and stomach by a fall. His companions who surrounded him were all in s state of intoxication, though somewhat sobered by the fright. By Mr. Pyman's directions, the deceased was removed to the Hospital, where he died in about three hours. One of his fellow-workmen, Joseph Shallie, who had been of the drinking party, gave the following evidence : I was with the deceased on Sunday at a public-house, in corn. pany with two others, and we drank four pots of our own country beer. We are Bath men. We had some beef steaks, and two pots of beer for dinner, but the deceased did not partake of it. I then went with him to Little Portland-street. Ile was a little intox. jested, and said he had been drunk the night before. He went up stairs to call for Joseph Myles, who said he would not go out again that night. The deceased swore he should, and laid hold of him for the purpose of making him do so, when Myles, said well I will go. There was no light in the room, but I heard a rumbling noise from the falling down of the deceased, and Myles and I ran down stairs. We were like brothers, and lam sure there was no larking going on. The Jury joined with the Coroner in reprobating the excesses in which this drinking party indulged, and found a verdict that the deceased met his death in accidentally falling down a flight of stairs while in a state of intoxication. SHOCZING ACCIDENT.—An inquisition was yesterday talon before Thomas Higgs, Esq. at the Triumphant Chariot public. house, Oroevenor.place, on the body of a young man of the name of Thomas Mitchell, who was accidentally run over. The Jury having been sworn, proceeded to view the body, which ' presented a most shocking spectacle, the head being much torn and disfigured by the wheel (tithe cart, which passed over him, and a piece of the skull bone having been renurred, so os to lay part of the brain open to view. This had been done when the ease became desperate, and while the deceased was in a state of stupor, in the hope that the pressure oo the brain would tnereby be relieved. Mr. Frederick Marsh, pupil to Mr. Laisne, surgeon, of Orme. nor.row, Pimlico, stated, that the deceased was brcught to him by some men on the evening of the 7th of November; lie was very much injured, and Mr. Laisne not being at home, witness pro. cured a conch, and had him conveyed to St. lunge's Hospital ; he was quite sensible, and said he had been ruts over by a cart; does not know who the men were that brought hint. The Coroner told him he had done wrong in not making an in. quiry, and requested him to be more cautions in future. Mr. Pitman, house surgeon, at St. tteorge's Hospital, stated, that he examined the deceased on his being bronght titter. His face was covered with mud; there was an extensive lacerated wound on the left side of the face ; the bone of the head had been laid bare for a considerable distance, and one of the bones of the face fractured. Every thing proper was done for him, but after lingering in great agony tiX the morning of the 141/1 test., he then fell into a stupor, and expired on the evening of die same tier. No evidence was obtained of the manner in which the melancholy catastrophe occurred, beyond the statement made by the deceased when at the Hospital, which was, that he was walking along the edge of the pathway of Orosvenor.row, and the night being very dark, he made a false step and alipt down into the road, and a cart passing at the instant, one of the wheels came in contact with his face. The driver did not stop, and deceased could not say whether he was conscious of the accident or not. Some men came tip to the spot shortly after, and conveyed him to the house of Mr. Laisne. Verdict—" Accidental Death." THE BRITISH PRESS. DEBTORS in TUTHILL-FIELDS BRIDEWELL. Annually, on the 7th of November. the interest of a sum of mo ney, bequeathed in trust to the Dean and Chapter of Westminster Abbey, for the relief of the poor debtors confined in this gaol un der process from the Court of Requests (and which is usually aug mented by a donation from the Dean himself), is applied to theob talning the discharges of those whose cases may appear most de serving. For the purpose of ascertaining this point, a list is pre. pared a day or two previously, containing the particulars of their trade, family, nature of the debt, and reference to character, &c. into the truth of all which particulars diligent inquiries are made before any relief is extended. From the list prepared for the present year, it appears that at the time of making the survey there were twenty-nine prisoners con fined there, the united number of whose children amounted to sixty-one, and the amount of their respective debts, and coats included, varying from fifteen shillings to fifty shillings. Some of the prisoners had been incarcerated for more than one debt ; so that although the number of debtors was only 29, the number of detaining creditors amounted to .14. Of these debts no less than twelve were for goods obtalntd on tally, nine for rent, twelve for bread and chandlery, four for public-house scores, and the remaking seven for various miscellaneous articles. The debtors were all of them either mechanic or day labourers, and in particu lar, there was an excess, in comparison with other trades, of tailors and shoemakers. On investigating their cases, many were found to be more or less undeserving, while some few were, on the con trary, persona who had become reduced by causes which could not have been fortaeen or guarded against. In some cases their families were in great distress, and in particular one poor wo man, residing in a miserable court in the neighbourhood of Long-acre, was, when called upon by the gentlemen who undertook the investigation, sitting in a wretched apartment, surrounded by five clamorous children, to whom she was distribut -1 ing slices from a small loaf of coarse brown bread, anu which they were devouring most ravenously. Every object in the place be tokened extreme misery, and the poor woman herself had evidently been crying when the knock was given at her room door, and had hastily endeavoured to dry up her tears. On an inquiry being made Into the cause, she stated her utter destitution, and produced a du plicate for her children's shoes, which she had just pledged to pro cure the scanty meal they were partaking of. On further investi gation, it appeared that the debt for which her husband was con fined was incurred for necessaries, and that he bore a good character. Under these circumstances, it is scarcely necessary to add, that the debt was immediately paid and the man discharged. In some cases a compromise was attempted with the creditors, sonic of whom displayed a degree of inexorible severity no way creditable, and, in particular, one or two declared that they did not care for the money, and that they would sooner lose it, than consent to the re lease of their unfortunate debtors. . _ A year back a singular and novel fraud was practised on the charity. A person got himself incarcerated on the lith of Novem. ber upon a fictitious plea of debt, and the day following became a successful candidate for the benefits of the Charity, by which the alleged debt was paid to the pretended creditor. In dividing the booty, a dispute arose as to their respective claims, which led to one of them coming forward and exposing the trick, and care has of course since been taken to prevent its repetition. POLICE. MANSION-HOUSE. Yesterday a band-bill was plated before the Lord Mayor by one of the officers of the establishment, who said he considered the substance of It a libel upon the police of the City. It was headed, " A Caution to the Inhabitants of Coleman street and its neigh bourhood," and was as follows : " Whereas last night, a quarter before nine o'clock, three men made an attempt to break into a shop No. 57, Lothbury, by means of a picklock-key; but, fortunately it happened, I was behind the counter, and opened the door immediately, and could have taken them into custody had it beempotaible to obtain the aid of a patrol, watchman, or any of (le pOkice. This being the third attempt of these three noted depredators, I think in the centre of the city of London, near tlie Bank, Exchange, and Mansion House, &c. we might have a little more prote;,tion from the Police, and not suffer men of this description to be prowling about, and repeating their attempts, night after night, without interruption. " Nov. 18, 1825. „ W. S. HUTCHINSON', 57, Lothbury." The Loan MAYOR observed, that Mr. Huchinson, if the state ment was correct, had certainly reason to complain, but then it would have been much more proper for him to make his complaint at the Mansion House, where he must have known due attention would have been paid to what he might state, than to circulate hand-bills of such a description. His Lordship then sent for the beadle of the ward in which the attempt at robbery was stated to have been made, and questioned him upon the subject. The beadle said, he had waited upon Mr. Hutchinson, and was told by him that the thieves had attempted the house three times; that he had been told by a friend of the two first attempts, and that he had himself heard the third; that be went out, but that the men made some frivclous excuse, and went away in different directions. It was to be said for the patrol of the ward, that at the time Mr. Hutchinson said the key was tried at his door, they had gone ac cording to order to have their names called over. And, as for Mr. Hutchinson's shop, It was particularly liable to plunder, as many tempting articles were constantly banging outside the door. The Loan MAYOR hoped that if there were watch.boxes in the neighbourhood, there were no seats in them, as if there were, the watchmen might mistake them for places of repose. (A laugh.) His Lordship asked what was the condition of the Ward, as to patrol and watchmen. The beadle said, the ward of Coleman-street, was as well secured as any in the City. Patrols constantly paraded the streets to stop auspicious persona who were found carrying boxes or bundles, and there were 28 regular watchmen. The Lonn alayoa—l must say it is my decided opinion, that if the watchmen did their duty, there would be no burglaries. If they went their rounds regularly, there would be no danger. It should be contrived, that a watchman should not lie sufficiently long away from any one plate In his beat to allow thieves time to break open a house. Arrangements to this effect have been made in my ward ; we have paid oar watchmen more money, and reduced their numbers, and made such regulations that not a burglary has been committed, or attempted, in it, these four years. The beadle said, he hoped there were not more robberies in his ward, in consequence of the neglect of the watchmen. Ile con sidered it extremely well watched. The Loan MaYoa said, lie did not mean to reflect upon Coleman-street ward. His observations had no particular direc tion. He repeated emphatically, that if the watchmen did their duty, no burglaries would be committed. GUILDHALL. Mr. Mills, a stable-keeper in William-street, Newington. causeway, appeared before Mr. Alderman Ansley yesterday, to swear an affidavit, which is to be exhibited, along with nine others, to the gentlemen who composed the jury that, at the last Old Bailey Sessions, found one James Adams guilt? , of steal ing a horse, the property of Mr. Neighbour, of Beaconsfield. The jury, it was stated, had nearly come to the determination to make a representation to the Secretary of State, that they are now satisfied of the innocence of the convict, and that if they cannot be permitted to rescind their verdict, they entreat it may he allowed to pass with. oct effect against the prisoner. Nine of the affidavits were sworn before Mr. Alderman Cox last week, at this Office, and the the one now produced was to the effect that the stolen horse was of fered for sale to him (Mills) by the convict Adams, and the alleged owner of it, Brown, and that the deponent believes, if Adams had been aware the horse was a stolen one, he would not, knowing de. ponent was well acquainted with his name and residence, have yen. lured to offer it for tulle to him. Mr. Bereeford, the Chief Clerk, objected to allowing such an affidavit to be sworn. Ile thought the practice of forcing the Se cretary of State to retry cases should meet with no encouragement. Why, he asked, were not these ten witnesses produced at the trial, or at the examinations before the hlagistrates ? NVliat opportunity was there now to inquire into their character, and why were these affidavits brought before a City hlagiatrate to be sworn, when the offence was committed in the County, and the convict was tried before a County Jury ? There was, he thought, a strong appear. ante of subterfuge in the getting up of these proceedings. A Gentleman who appears to be interesting himself on the be. half of the convict, replied that he brought the affidavits here be cause the prisoner had been originally examined and committed at this office, and that Marna, conscious of his innocence, had thought it unnecessary to bring any other witnesses at the trial beyond those who proved that Adams was at home, instead of at Beacons field, on the night of the robbery, and that another person did ac tually bring him the horse, and afterwards call for the money it had been sold for. The main circumstance that weighed against the prisoner in the minds of the Jury was, that while one witness de. rewibed Adams as bring In his shirt sleeves while talking with Brown when he came for the money, another described him as wearing a blue coat ; but instead of contradicting each other, these witnesses, in fact, it turned out upon a little inquiry, were speaking of different times, and each spoke the truth. The Jury, who had entirely disbelieved the story about Brown, had now no doubt upon the subject. Mr. Alderman AwaLte, after' reading the of over, di rected certain names to be introduced to render the meaning more certain, and then permitted it to be sworn. BOW-STREET. The clerk of Mr. King, a carrier of Fore-street, appeared yester. day to answer a summons obtained by a gentlemen named Wool colt, fir overcharge of a parcel, and abstraction of a portion of its contents. It appeared by the statement of the complainant, that a parcel containing game, fruit, clotted cream, and other delicacies, and also some money, bad been forwarded to liitn as a present from Sher borne, in Dorsetshire, by Mr. K.'s van. On its arrival he found that a hare, the cream, and a great quantity of apples, and the mo ney, had been taken out un the road, and the weight was charged as for half a hundred weight, whereat, in fact, the plecel, in its di minished mate, weighed only twelve pounds. Mr. King's clerk explained to the Magistrate that the theft must have taken place at Salishury, where the coachman and guard were changed, but that he bed been instructed by Mr. King to do what was correct towards the complainant. Sir Rtcrtaan ISt MN tr; stated that he knew Mr. King to be a most respectable n.an, and had not the slightest doubt but that the matter miglit be arranged amicably between the parties. Mr. M'oolcott and the clerk immediately withdrew fee the pup. pose of such arrangement. 11ATTON-GA RDEN. - • • • -- - Some time back Mr. J. Ramsay. pawabroker, of Liouorpond. street, was brought before Mr. Sergeant 81t.t.ott ' co two in. formations, wherein ha was charged with taking Caere than the lawful interest Mr. Andrews attended as his Counpei.— The first information was quashed. The second wai so stoutly supported by the informer's witnesses, that a conviction was the result, but it was only for the sum of 4th. being the lowest penalty nllowed by law. fur. Ramsay appealed to the Quarter Sessions. Mr. Andrews, however, was unfortunately compelled to attend the Old Bailey on a we of felony when the appeal came to be heard, and the brief fell into another gentleman'a hands, who, not having SU lEcient time to read it over, made no defence, and the conviction was confirmed. The informant applied yesterday to Mr. Sergeant SELLON to have the comiction enforced. Mr. Williams, Solicitor to the Pawnbroker's Society, attended, and observed, that for the protection of the trade, he should, in all probability, more the question to the Court of King's Bench, but he first begged to offer one or two objections. The first was, that the information was laid under " an Act passed in the 39th and 40 h years of the reign of his late Majesty George which he (3lr. Williams) contended was informal, as it would not have been the act of Iwo years : it was either passed in the 39th or 40th, whenever it received the Royal Assent. This objection was overruled. The second was, that the information had not expressed, as the law required, " that the offence was proved before a Justice of Peace, presiding in the district." Mr. Sergeant SELLON expressed some doubt as to the necessity of this showing, provided the offence was sufficiently set forth on the face of the informs-ion. Mr. WILLIAMS, in support of the objection, cited the case of C,okkett v. the turnpike man, heard at Bow -street, and a case of Popley v. the bakers, at Alarylebone. In the former the opinion of Mr. Bo!land had beer, taken, and in the latter that of the Recorder of London, and both were conclusive as to the validity of the object- Orr s and the Magistrate's jurisdiction in the enforcement of ye laity. Mr. Sergear t Si .LOX wished to see these opinions, and deferred the eei atm till Tit alay. QUEEN-SQUA RE. THE CASE OT CUTTING AND STABBING A HUSBAND.— Yesterday James Gillmore, the chief constable belonging to this office, who had been directed to inquire into the state of Mr. Car ter, the man whose wife unhappily cut and stabbed hint on Wed nesday se'nnight, returned to the setting Magistrate (Mr. White) with the following certification of Carter's condition, from the house surgeon to the Westminster Infirmary:—" I cannot yet pro nounce James Carter free from danger. Mr. IVIIITE, upon receiving the notification, thought it propel to order the further detention of Mrs. Carter, now in Tothillfirlds prison, till Thursday . next. Mr. Carter, the injured man, wished his wife to be liberated now. Carter stomach still ejects ; till that symptom is more abated, he cannot be deemed free from an unfavourable turn. MA RY LE BONE. Yesterday the driver of the Rocket, Paddington stage-coach, was summoned to this office before Mr. Griffiths, charged by Mr. Robert Homer Gordon, of Portman-square, with furious driving and cruelty to one of his horses. Mr. Gordon stated, that on Tuesday morning last he was pro ceeding along the New-road, when he saw the defendant driving his coach at a furious rate, so as to endanger the lives and limbs of pas. sengers. One of the horses was galloping at the time, and his mouth was bleeding profusely, in consequence of what is termed a " port bit" being placed in its mouth. The defendant continued driving furiously until he arrived at the Mitre, public.house, where he pulled up with such violence, that the bleeding of the horse increased, the pole of the carriage having struck the port bit. Vileness remonstrated with the defendant, and said he was determined to bring him to justice. The defendant did not deny being the individual who drove the coach ; but he positively denied that the horse was galloping. It was a stubborn animal that was hard to drive, and the port bit was necessary to be used. The bleeding, he said, was occasioned by the pole of the carriage. He regretted being thus brought forward, and contended, that even if he had drove furiously, he had not, strictly speaking, offended the Act of Parliament, which states, that the lives and limbs of passengers should be endangered by it. The fact was, he had not a single passenger on his coach. Mr. Gordon denied this, for he saw an individual on the coach, with whom he (the defendant) made very free. Defendant said that was very true ; but he was only one of the rad; he did not consider hint a passenger because he was not a booked one. Mr. GRIFFITHS said that he was determ;ned to do all In his power to put u stop to the furious driving that daily took place in the above neighbourhood, and which was highly dangerous to the public. He would not convict, as Mr. Gordon did not press the matter, but he hoped the defendant would take warning. lie dis missed the case. A boy named Spitler was charged on suspicion with the follow. ins danng robbery : In the forenoon of Saturday, the sth inst., some of the servants of Sir Henry Russell, of 62, Wimpole-street, Cavendish square, placed some silver table and tea spoons upon a table in the house keeper's room, which very shortly after were missed ; it appearing that the area gate was open at the time, the prisoner, who was in the service of Mr. Bentham, oilman, of Great Marylebone•street, was observed at that time delivering a bottle of fish-sauce, and, as he absented himself from that hour from Mr. Bentham's service, suspicion fell upon him, and he was apprehended by Buckridge on Wednesday last, but no account of the spoons could be obtained. The boy declared he knew nothing about the robbery, and was remanded. The crest upon the spoons is a meridian sun. UNION-HALL. Yesterday a poor fellow, a native of the island of Sumatra, in the East Indies, appeared before the sitting Magistrate (R. J. CHAMBEBS, to solicit bis advice as to the means of recover_ ing a sum of money from the proprietor of a travelling caravan, for exhibiting him as a " Wild Indian." When he was engaged, the showman stipulated that he should allow his nose and ears to be pierced, for the purpose of introducing large brass rings into them; his mustachios and beard were also aufferel to grow to an amazing length, in order the better to pass off for an Indian warrior just arrived from the back settlements of America, He was to have 20s. a•week, and support himself in victuals. For the first four mouths he was paid pretty regularly, but afterwards he received his wages by dribs and drabs, until at length they were stopped altogether, and at the conclusion of thelast Bartholomew fair he was sent adrift al. together without being paid his arrears, amounting to between two and three pounds. He said he had been basely treated by Mr. Moon, for that person had made plenty of money by showing him up, and at the last Bartholomew fair between twelve and fifteen hundred people paid their sixpences . each to see him. Mr. CHA3IBERS asked him whether he appeared at the fair in the dress that he now wore" "No Sir," said he, "in a very different one. I was then strapped up in a buffalo skin, and marched up and down in the ca ravan with a large club in my hands, with which Mr. Moon told his customers I had vanquished and killed more than a hundred of my enemies. A tomahawk was also put into my hands, and with this instrument the showman declared to all that I had scalped hundreds of my own countrymen, with whom, he said, I had been at war a few months previous to the time I was then imposing upon the public. The Magistrate directed him to the Court of Requests, where he could take out a summons against the person who was in his debt. The applicant having no money to pay the deposit of nine shillings, which it was necessary to lodge in Court. Mr. Cham bers humanely advanced the sum ; and the poor fellow left the office, grateful for the assistance rendered him. HORSE-BREA RI o.—The practice of breaking in young horses in the crowded streets of the metropolis cannot be too fre quently or too strongly reprobated, and it is, indeed, somewhat extraordinary that the Police Authorities do not adopt some deci sive means for the suppression of an evil that hourly threatens de. structlon to human life. An instance of this occurred on Wednes day evening, which is likely to terminate fatally , to the unfortunate charioteer himself. Mr. Siniond, livery-atable-keeper, of Lana down-mews, was driving a young colt, harnessed with a trained horse, as is the usual practice, in a light chaise-break; turning the corner of Hunter-street, Brunswick-square, the colt shyed at some passing object, and, becoming restiff, Mr. Simond endea voured to pull round, but the animal (disdaining the curb) dashed off, and ran against the railings of Mr. Bray's house, the iron monger, at the corner of Compton-street, which were driven into the area, together with the railings of the adjoining house;—the horses both fell—the break was shattered to pieces—and Simond thrown against the pavement, and nearly into the area, with dreadful violence. lie was taken up to all appearance dead ; but being removed to the Hunter's Arms he was attended by Mr. Holt, a surgeon, who bled him, and lie showed some faint symptoms of reanimation ; but, as he has received some very severe internal contusions, only feeble hopes are entertained of his recovery. Four hundred male convicts are now embarking on board the Dromedary, for conveyance to Bermuda, to be em ployed on the public works ; 150 male convicts are also embarking on board the Woodman, for transportation to Van 'Diemen 's Land. One hundred female convicts and their children, and also the wives and children of trans ported convicts, are being embarked on board the Provi dence, for conveyance to Van Diemen 's Land ; and one hundred and fifty male convicts are also being embarked on board the Sesostris, for transportation to New South Wales. HERRING FISHERT.—An interesting and novel sight occurred at Folk.itone on Saturday last; the fishing boats belonging to that town brought on shore six hundred thousand herrings, caught within one mile from the shore, a circumstance never before remembered to have taken place in the memory of the oldest inhabitant. What makes it more remarkable is, they were caught i❑ the day time, and so speedily, that many of the boats were not an hour out before they were completely filled, and this occurred to many of them twice and three times on the same day. HAZARD and Co. sold and shared four Prizes of 23,000/. and 20,000!. in the last two months. Tuesday, Dec. 6, four Prizes of 30,000!. with other Capitals, must all be drawn. By Act of Parliament all Lotteries in this country will speedily cease. He rod and Co. sold in the last year's Lotteries only, five Prises of 311,000/. and 20,000/.. and in a recent Lottery all the 30,0001. Prises. Royal Exchange Elate • 96, Cornhill; and 324, Oxford-street (end of Regent.street), and by their agents in all the principal country town'. THE ARMI. The lsst Division of the 32d (Cornwall) Regiment of Infantry has arrived. CM board the Borodi no t ransport, at Portsmouth, frai, Corfu, and is ordered to Plymouth, where the remainder of to." cops is at present stationed. The Depot of the 12th (East Suffolk) Regiment of Foot has recelted orders to embark on board the Borodino transport, oo hu arrival at Plymouth, fur conveyance to Cork, The last Division of the 88th (Connaught Rangers) Regiment of Infantry is ordered to embark on board the Borodino transport, on her arrival at Cork, for conveyanc e t o Corfu. A division of the :Stith (Herefordshire) Regiment of Foot will embark on board the Borodino transport, on her arrival at Co t t * from Cork, to return to England. A detachment belonging to the East !edits Company's Service embarked, on Wednesday, at Billingsgate, for Gravesend, on route to Chatham. A detachment belonging to the Ist Battalion of the 6 0th Ride Corps, marched, yesterday, from Westminster, for Weedon. SPORTING INTELLIGENCE. TATTERSALL'S, THURSDAY, Nor. 17 The betting to-day was very slack, althnugh Kenna! of the leaders of the betting were in attendance. The horses chiefly n o . bred were Monarch, Bolivar, and Parasol. The former is still ad. vancing, while the other two decline. No alteration in the odds 04 the St. Leger. DZ 6 to 1 agmt Monarch 10 to 1 Agit Bolivar 16 to 1 awl: Cedric IS to 1 apt Tredrille :.11 to I ag■t Zuleika 20 to 1 eget Twatty 20 to 1 agst Sophist 20 to 1 agst Advance 20 to 1 apt Grammarie 25 to 1 agst Canvass 25 to 1 agst Pranks 25 to 1 agst The Genera! OAKS. 7 to 1 agat Pawn 9 to 1 agat Moses 9 to 1 agat Henry 12 ,to 1 agat Parasol 12 to 1 agst Mipionette. 14 to 1 apt 80-peep 15 to 1 apt Elisabeth 15 to 1 apt Quadrille MEETINGS 0/ AT TEI COURT OF CONE! BAUM:MAL TO-NO' P CREDITORS, ISSIONEE3 or BANNZUPTI, LL-STRSET. 1211011. THIRD MEETINGS. a. Hall. W. Gutter-lane, warehouseman . . ,It Pringle, Jane, London-road, Borough, victualler - II Withertngton, C. H. Borough.road, Southwark, apothecary 2 SECOND MEETINGS. Baker, F. Child's-hill Pottery, Hendon, potter Baker, W. S. W. H. Kennington lane, silk hat-manufar. turer - - . 10 Bromley, M. and °Wings, J. Commerclal-road,chenemonge r 12 Clarke, J. P. Oloucester-house, Walworth, Surrey, school. master - - - Cowper, G. Oxford street, Ilnen-draper Fenn. S. Bell-street, Edgeware-read, flour-dealer Franklin, H. Wilmot -street, Brunswick-square, tailor Fowler, M. Birmingham, grocer Langford, T. T. Lamb's— ' IL - 10 • 12 - 10 - 11 - 11 r, near Holborn, thin'. - man - . 9 Masters, W. Duke-street, Aldgate , woollen-draper . 11 Pierpoint, M. late of the Cock arid Bottle, Strand, victualkt 10 Pritchard, J. and Burton, J. Yewsley, brickrnakers . 11 Rawlings, B. Castle.street, Leicester-square . . 12 Roberts, Si W. Bart. Courtlands, Devon, and Fowey, Corn. wall, banker . - . . 12 Roby, T. Tamworth, Staffordshire, tanner . . It Rownson, J. Minging-lane, merchant . . IS Smith, J. and J. Cateaton-street, warehousemen . 12 Stevens, J. Pall-mall, bootmaker . . II Stockley, R. and Nicholas, J. Horse-shoe-wharf, Upper Thaorawstreet, coal-merchants - - . 19 Trott, T. New Gloucester -street, floxton, builder . It Wise, W. Piccadillr, picture-dealer - . tt AVillmott, R. S. Paddington street, St. Marylebone, builder li Worley, J. Monument Coffee-house, Fish.street.hill, trine. merchant - - - . It FIRST MEETINGS. Bolton, E. and Sparrow, W. Alargaret-street, Cavendish. square, upholsterers - - . 12 Buchar...n, C. Woolwich, shoemaker - . I I Fibley, 8. Harlesdon-green Harrow-road, bricklayer II .11 •.....y, ..,.........-.......g.crie, narrow-roau, oricstayer - it am Fulljames, A. V. Judd-street, Brunswick-square, linen- fin Itli t i r i a e Pet r, I R V dT. . a.Egg F ae res nhreata h mt - ..: ls h aru arf rreiboro , y 7w er . Thames-str - o.t, warehouse: It * M i l c u a gh r - pen .str te ee r t, cheeseinongct - 1 9 1 ''' 1•0 111 B. Alpha Cottages, Regent's Park, musicseller -- LI i f: 83 U Plae ' lnuPr a kni t I t idnn , :s ( LY: r n i T. Old -street, St. Luke's, linen draper .II • 1 11 West, J. and Doren, R. Golden-square, tailors .12 %V/ Williams, W. and Scott, W. Broad-coutt, Long-acre, wine Woe and spirit merchants - - . I D DIVIDENDS. Biden, J. Cheapside, button.merchant . . 11 Bray, J. London-wall. livery-stable-keeper . . 1 , Byrne, T. King-street, Bryanstone.square, tailor . 1 Carter, J. Downing -street, Westminster. victualler .11 A Crawford, W. jun. late of Cbeapsidc, bookseller . .12 Jay, H. Kilburn, carpenter . - .le briei Marshall, J. Black Horse-yard, G r ay' s i nn -l ane , b os . ma k tr 12 Rail Ill`George, %V. Fore-street, Lambeth, brewer - .12 Inge Pine, T. and Davies, E. ltlaidstone, millers . . IS ware Powell, F. Forest-wharf, Earl.streer, Blackfriars, corn-factor :0 Stan Shepherd, W. Sloane-terrace, Chelsea, plumber . - 2 joini Smyth, H. Picesdiliy, hosier . - .12 Hail Sherwin, J. and Drane, .—, Golden-square, Crutehed • of de friars, combmskers . - Ii b e a Smith, W. and Atkinson, J. jun. Aldermanbury, merchants Ii along Welch, J. Princes -street, Lambeth, japanned leather•niaiiii• ether fac 'direr . . . 1 Saint St. L mon] BEM:MS.—The point decided by the Court of King of W Bench on Wednesday is of tome importance to the payees other of county rates. The counties, the Court holds, are only 1 1Z bound to repair existing Widget, in the strictest scone of sad e the term, and not to enlarge, or improve, where, from t h e 4 ; changes in the nature of vehicles, increase in the mode of heel travelling, or other causes, their original construction if 2 .110 found to he inconvenient for the passengers. p Soma airin THE IVINTER.—Without any supernatural pretensions ne w 1 1 to foresight, we certainly do forebode a severe winter. Our chaps reasons are, that the oldest man living cannot remember Haut three mild winters together, and nine times out of ten a Davis bard winter follows a hot dry summer. —7ltenton Courier. orcou4ct Besns.—A North American paper elates, that bean and b have appeared lately in great numbers in the viciney er and le Penobscot, in the state of Maine. 'Pile following is 0 the in account of an attack made by one of them upon an inhabit- ?l2d t ant of that district:—" A few evenings since, Mr. Adam Z r er ;e2 Inman, of Orono, on his way home from this place, ellen dutie s about two miles distant, was alarmed by a rustling among leeted, the underbush near the road in which he was trarellig. duties On listening, he was convinced that some wild anima o odl thi g i r r e c had scented the provisions with which his pack Ins stowed, and was making baste to partake of them. He immediately faced about, dropped on one knee, and pre- tented his fowling-piece, well charged with ball and buck shot, determined not to give up the hard-earned Niel El l of his industry to the freebooter without a struggle to Pc' tect them. The animal made his way directly to the road, dicine and rapidly advanced upon his wary enemy. ta lan rts. knowing from his footsteps that he was near (ding 4 4 2 ct e l the extreme darkness of the night prevented biol. ire so , seeing him) inclined his head as near the gem... 77 the de sible, in the hope of getting a sight of the foe before he sbo u "• orders 1 dose with him. In a moment a bear, blacker than ll': festiveta, ior shades that surrounded him, and one of the lone': Jnak of the species, reared on his hind feet immedieloY PM. i t, before him, and with open mouth rushed upon hie 9"!: stamp. At this critical moment Inman's presence of mind did t' M en forsake him, but, deliberately leveling his piece, he sil o ' Pilla. re the sable robber through the heart, and laid hilnde' d t P o eL tn are at his feet. So near was the bear that his hair was bete olf __ .: by the powder of Mr. Inman's gun. His weight was 2 31) 'I lb. and his skin measures nearly six feet in length." 'PHI L -a- 1 BIRTHS. 4li selebrati On the 14th inst. at Waleot-place, Lambeth , the lady ..- Chu' as Wilkinson, Esq. of • daughter. alterativ, (ht the lath instant, the lady of J. Groan Wllk . boat E ''' remain i of a son. Prep s , ~.....-• snd Co. I MARRIED. " 6 ,, and On Tuesday last, Capt. John Walter Roberts. R. N. w r wce `' N.ll.- daughter of John Sargent, Esq. of Lavington. Susso.. ......., :19,e,tted t 1 , 11 be p DIED. cu lt ,. . „ 0 ., :r s: 4 Fre On the 13th inst, at Bath, Elisabeth, the wife et Samuel A es i ns I ton, Esq. h. ai. The Suddenly, on the 14th inst. at Harlow, Essex, Mari' ''srl _, 0 5 , 1 heltenli of Mr. Thomas Gillian. fierv On e t y he 16th inst. at Acton Lodge, Middlesex, the lull A s :: p Ai n tr at ca On the 14th inst. suddenly, at Brighton, aged 79, Mrs. ,ettotat 1 Wheeler, of South -street, Park.lane. ' l l:rienStic -.r en d es UM I I 11 11 113 10 B rni W nI A , T 55 E m R i4 l l . T aft W er 7 . 10 1 0 Priated lBl 4 , t 6 T tran nE d, B au ß ci TT pu l b S l i ish i P ec f l t b E y SNES ß vO . Be C frl:' • ':l n egDG X :b o ": ; ln : --- ... 1 n""liallf..anir1844111 ; 17111: )14(in1P13:4ed.iikelit4:1:1 ...,:: '/ >