The British Press; or, Morning Literary Advertiser. — London, England, 1818-02-07 00:00:00

F b .* W s 's • • • whom all thiugs are opt% to give the reorilict in that cow, by swarths**lrWry or defeat. to one or other of the parties, wecrirdisig to Ilia pleasure. 'fleeter it is that our books sap. that if there Ise any thong which cats serve *the Plaintik fur a pre.. somption or testimony that his case it true, theta he will eon the Dekudent of brit. trial Icy battles... as far sostance, if the Defeudant stood indicted for Ylw frlouy, before appeal eammeoced, or was takeu with the xviiiimr."..Coulleiustery or this, ktrarion said in his 'ld Book. " ' That souselnues presomp. lions are so vialesit ets wit so admit a proof of the contrary ;" sod he referred to the clew of a maw • token with a bloody knife over the dead lowly., in winch cave he was not allowed to deny the death. Lord ELIMISOROUGII—.6 They did mg ilia. timonsis between strong prise firth evidence, wed po.i.ive 'widener." Mr. CHITTY—" It thus appeared, by Brewton und Illritau , that, in former times, violent presomp toms operated to the cmolenessatiou of the party. without further trial. flat it was not so stow—for. notwithatanding such presumptions, et I)efendasit would have "trial. but slot by wager of battle. 141 apprartll from Nisbet/ere. Abridgment. 'llse. • k 411, where a mast was appealed of the dcasla of lois wife. and the Coroner of she Ville, with his Approved torn, witnessed. that Iw, S. Ow evidence ene the occasion) testified that he took the Defend. not iu the fact (saner Arnim) with a bloody knife in his band—end, therefore. he was not allow rd 14 defend himself by battle. The inninonr in the appeal of death was the bloody knife, which was I al a s. him, ar.d therefore be was glowed of his wager of battle. Ist the appeal of rolthery, when the Defendant offered battle, Use ought to Put she ntainoar into Court —or say that the De fendant was taken wish Ihemaiame which be would pot into Court, endow the Court excused him from Itringiog it. When the amiaoter was placed in Court, tlw I)efen.lant could have po traverse, or ..tlwr exception, if the things brnnß7sl into Court ton Pom the goods mentioned in the ay ' r,l, tint most. in consequence, late his wager of batele.' lu p. 180 of the same wink it was said. • It is a good c. ttttt terplea to it Oro of wager of • battle, to say, that Ilw Defendant, when arrested fir 1 . 1.- felony. !mike the gaol and racitiwd, or at tempted to escape—for that was a strong 1/1111UM111. lion 4.1 role." 1I g .I•LEtt BOROUGII —l' So that you never try whettre► the winir•s. whose credit the Defendant is Driveled, apeaka the troth. It is sufficient that lie he hound with the stalsoisr." • Mr. l'ittrew said, that wce the rose with respect to 11w sorigewr—bat it was not ye with reference to carve'. That neendation 1w might traverse.—ar• 'skew' a charter of imi►don for it, wh•ch did not take &Ir. Chitty subject, volume of gives► to ,and s+• Awsougst Cot &c. " 4 . whet e the*** was violent presumption of pint. the I/e -t-1141am was owned of his wager of battle. The ]retard Counsel then . ealleil their Lordships' mires' ttttt to Alr. Pithiness wmk on the. Cri. Mama lAw s which was published in 1609, and wrist through loos. editions i•• flingers' years.— Ile. ial p. 185, letter 11, lit. " Trial by Battle." stated, that " there was an sincient tried of the plea of um roil'''. at the common law, ranch used in former times, which was dial by combat, ordista. lily in Kittle with the Appellee in ri charge of fe lony. TI gh nit in much used now as in the time of F.ilwaril IV. Metaled 11. an/ Henry IV. yet it might 1w nerd at prisent, unless some good ground were sileinired astaiiiiit the counter-plea." And, in page IWi, he gave the swine reason that Stoititslord ulileiced. for !remitting the Defendant in im upland to iry Isis raise by battle. He also *dated, at Stionissford hail done, that a violent pre. lotion of guilt would lw a gond counter-plea to pest tlw Appellee from surly trial. And pointed tti•lrsit presumption, the finding a man with bloody knife. near • deed horly—t he circumstance of a person being found murdered in a house where others were, none of whom raised tlw hoe and cry— and the attempt. when arrested, to escape from pri son. In Coke au tisane", 1 , 1.94, 13. title tea Bat telle, tlw wager of battle. on a writ of right, was ti. signify. in the common law, a single conduit. in which 'with'? Plaintiff nor Defendant should light, but 'pelt should appear by Isis cham pion. This was the course pursued, because, if either were slain. istiiiielginent could be given with respect in the land in dispute. Hut, in criminal rears. the !sorties fought iii persists; for, if the Appellum were slain. the Appellee gained his suit, and in tier versa. to Finch's Low, p. 241, the. same observations were mode with respect to bottle me a writ of right—and he distinguished it from Ow apron of felony, in which it violent pre suniptimi of guilt ousted the Appellee of his right to wage Sir J. Hawkine. in his Iless of Site Crow", lib. 9. rap. 45, ore. 7, observed. that soy Pfiss.liff might counterplea a wager of battle by alleging sack matters against Ilse Defendant, MI Might iNfitire a violent presumption of guilt— and he stated she same instances that were enuoie rated ut the other authorities. Mr. Justice Black stone, w lot 4th Commentary, p. 446. had the fol lows-LI t wilielire en the wager of battle " I. 'is. I, fleet, err Week combat, was another *peens 4.f pr.i.onepiliona appeals hi Proiriensee, wader as mireisitur Ural Heinen would arepsesiisuahly give the iri r) is. Ilw innocent er mimed party. The *Metre of Ibis in rams of I is 41 iajary, upon issue joimed in a writ it Bosh,. sin filly discussed in the preeedtent tarok. To whole I Late to add, that the trial by Whet may be iteasandell at the election of the Appellee, is either aa ap peal or am ipprurrnshmt; and that ii is carried on with . Teel suit Innis) on that me a writ of n lull , bat with this dd. f reuse, Mel there .ach party alight hire a champion, hut 1..4e Owl mast fight in their proper pen ot . a . A n d :here , hoe, if the Appellant or Approver he • woman, • priest ' as w as ', or the age of NO, or taw, or Mud, he or she may . mime.p'rad, and Arline the sager of Mittel; and compel the Appellee to pet himself arm she country. So likewise it the t rime he nutorions, as if the thief be taken with the ',ablate, or the weentertir is lbe room with a bloody knife, a. App hart may refuse the tender of betti-1 hum the Ap. pdiee; 1..4 it is niireassonoble Shot as iwoormat IMO should !Arlie Is. life against use who is already half-oravictesl." I la% mg thus taken *short virw of the elementary owe,. on Our laws, who lord delivered their opi salons on this subject. he should 1 111 w revile ■ lew lihtinieal works. Ile would do this ir'' . , .s • In slew, that 4ltere any:evidence of facile COnla . miduced nd Alter aid. , the trial by battle should not He coucedrd. In the 24 sol of Ihsfresnes Glossary. p. 'll7, it-witeetisted that tin trial by indite was greatest, where the molter could be viell proved by *km awns." ~Msoutonquiris,' Esprilsitts,idnize IN 28, rap. 15, said, wagertof battle bad been :ermined. to its omits?, isf..dostb..- het, wkereolhe Nct wolf usitot nese, ns where a _waft was assomisestestssiwidr io the market-place, neither • Irish by witnemissorAsy bottle was allowed. fl Judge deeidestifessie aloe mere notoriety of the fact. le Ilmiontson'S History of Chinks V. Ist sal. so. '275. he referred to Epitome BMW. , Wl** COP. 'B3, p. 03, where it was alined, amongst the remote esiossierated for • Judge'ss refusing trial by Wile. that it onglst to le withheld when •Ilie facto meld be otherwise willed. In Reeve's History ir English Lore, ti I vol. p. es, it was stated. tint the dption of trial by batik was not so wholly left to the piety appealed, but that the Judge assumed a power of control iu cases of a reticolar nature. Thal when the case wee s, clear that it stood in no need or further elucidation (as in the instituters mentioned by Brehm). the Judge would not mother the Defenalsist to wage battle. in Henry's History of Great Britain. vol. 1 , p. 332, it was set forth, liat, where " the Minion' could not bring feet% sir evidence against the Defendant. Is, appealed to (leaven against him by many different right's." ha the trial between Lord Remy end Mr. D. Itemsay. when the Court of Chivalry was held, sweording to Itusliton, the Earl Mendel spoke its favour of the Court of Chi valry. and the right of appealing to arms—which, he said, 11 was the last resort when sill others had been applied lo—and eren then it was its the arbi• triment of the Court. whether it should be suffer ed or not." The Learned Counsel next quoted Erskine's Principles of • Scottish Low, p. 463, where it was held, that trial by battle could only be resorted to,. where no 'woof of guilt or inno. crime could be load. He then referted to Correll's Interpreter—to a work entitled Anti-Ossells, which condemned, in unchristian. llor !mortice of wtigittg hattle---to • Itembition of the House of Lords, its 1689—and to Cilskerheres Abridgment, in support of hie argument. He also viewed to Brook's Abritlgnsent. lit. Beatnik, lilac. 4. where it was held, that a man, token sit the sun of a party, soul who escaped. or attempted to esespe, should not bifillowed irisbalsk. hog plic. 5, oldie same work, it case of appeal of robbery was mentioned, which took Mare before the Jadges nt Newgote.— The Defendnot welded to wage battle, bet was refused. he liming been Nicest aid, the nsuinonr. In the case of Sir Robert Trentham and inhere, in the year 1388, Iliat of Sir N. Brainlser was quoted. " lie was bfOlight lip iii custody or the Coivitulde of the Tower. charged with high tweet:). Ile de aired loonier time, to consult with some persons learned in the law, ast to leis defence ; but the Judges called on him to simmer all the articles im mediately. He answered, • Whosoever lea brand ed me this ignnminiou. charge, I Nos ready to light in the lists.' 11iis lie mill with great rage. Isis eyes sparkling with insligontion, while Ise threw down his gage. 'llse Assielloists mod they would readily accept the combat—soul those elm were present threw down their gages so Wick, that they fill like snow in is winter's slay. They exclaimed. • We will prove this charge to your head, yon dam nable traitor.' But the Law Officers would not sutler the wager of bettle—pledging themselves to prove the reticles of !mown, by s. I evidence, be fore God and the Parlianseist." Ile now noise to the case of Slongliterferd, /we Trials, v o l„ xi. p. 541. The case was tried leliore Chief Justice Holt, in 1708. Charles Sbingliterfstrd was a miller, residing in the County of Surrey—nail his 114111 was in the employ of a mobster, in the souse comity. Slisughtes fora, jun. paid his uthlresses to a girl named Jane Young, and she left her service in order to be married to him. Slue wile seen in his compa ny on the sth of October. 1708, but was never seen alive afterward,. He was suspected of the murder, and was tried and acquitted at the Lent Assizes. The family of the deceased being poor, is subscrip tos woe Pet on foot for their relief, and Henry Young, the brother of the deceased, appeuled Slanghterford of the murder of his sister. He was brought to the Queen's Bench liar, on the 2d of December following, tried.and convicted, us strong presumptive evidence. Now, if it had been sup posed, that the circumstance of hiss acquittal. or the nature of the evidence. operated ass He to enable him to wage Isis battle; 110 doubt he would have been advised to do so. COURT OF CHANCERY, WerraginsTat, FRIDAY, FIIINUARY 6. ToIIKINA r. OASIVEI. AND HALL. Mr. Justice BAYLET—" Why?" Mr. CatrTY—" Became, in it case of ouch im portance, he would rather have waged hi• battle, than placed himself on his country." Mr. Justice BAYLLY—" That is not a very satis factory reason." Mr. Currey proceeded. Having thus endea voured to phew that where there was any evidence of facto. or violent presumption of guilt, "roger of battle oagbt not to be pursued. he would nest apply himself to thew that the Appellant's coud ter-plea disclosed circumstances sufficient to ema blish strong presumption of guilt. The [Awned Counsel here went over the principal points con tained iu the counter-plea, and contended. that from the print or feet, corresponding with those of the Appellee sad the deceased, in the harrowed field, it was to he inferred that he pursued her. From other marks it was to be supposed that lie had overtaken her—and after laving effected his purpose, had taken her in his arms and thrown her into the pit--for, within several yards of the pit, the print of the feet of only one person war oh se►vebk—and blood appeared on the new cover. Mr. Justice BATLET—" You have stated no thing in the counter-plea fmm which it is to he in ferred that the decease , ' was thrown into the pit. Nothing appears to skew, that she did not throw herself in, or that she did not tumble in. With respect to the blood, it was not stated whether it was on the clover while the dew was stn the ground. You bare not positively alleged that it displaced the dew." Mr. CHITTY stehmiiteil, that in a cownierplea they were not 'mood to swumd w those it chin calities which wtre nectiroory in an indictment. Ile wall proceeding to comment on the circumstances stated in the counter-plea, when Mr. Justice BAYLEY Yost omit a ma terial flier. The ponies kft a house together at twelve o'clock at bight. aud, about three in the tattooing, tore seen at a style, rear Be in the direction mfi• the harrowed field." Mr. Curets , . then. proceeded to remnrk on the circumstance of the riot of • shoe for the left foot living observable On Abe side of the pit—the Appellee being in the habit or wearing shnes made far the right and left foie. He then argued limit the feet of the Prisoues l having Maori urn has rlMlas when taken, and Isis emu admission that be had criminal intercourse with the deceased, afforded ground for a violent Ip . resomptioss of guilt. As strong a ground, he oloserved, as was acted on, in the cases he lard stated. whros wager of battle was refused. It now remained for him to phew, that the replication of the Appellee could not be sal mitted. No case was (*wood on the books where fresh facts were soffered to be introduced fair the purpose of proving immense?, after trial had. It was only allowed to answer the facts on which the presumption or guilt was founded. The replica tion clearly admitted the circumstances on whi•zli the presumption of guilt was founded. All the Appellee further said was, that these facts bore out his 'merino' of his innocence, more than they did ours of leis guilt. He then stated some circusu stances, from which lie wished it to be inferred that he could prove an alibi—sad finally insisted, that his 'acquittal hall completely discharged him from all suspicion. Now, admitting; that the facts stated, relative to the alibi, were perfectly true, they could only be brought forward as a defence On lair trial. The counterplea establishes! a prima fade case, which ought to go to a Jure, before al the cir cumstances cananected with en alibi might be stated with propriety. We have established a case of strong suspicion, and that is all that is necessary to roust the trial by battle. Lord ELLENBORouGII--" Do you contend that the mere suspicion is sufficient ?" Mr. CHITTY — " I do. my Lord." Lord ELLENBOROUGH..." You have fallen very much from your former high postdate,. that it-ought only to be refused in awes slant did not admit of proof to the contrary." . Mr. CHITTY said, he was 0111 V benlild to main- Nita, that the facts stated in lite counter-plea afford ed strong presumption of guilt. He begged now to submit, that the very allegation of the Appellee, that he was prepared to prove nit alibi. by many witnesses, was sufficient to shew, that its this case trial by battle ought not to be admitted. If be had suds •iiiiesses. he should Irmo to at dory, and not call fur the adoption of a snoile of trial, that noglit to he reprobated by every one. With respect to the effect of the argaitial, the Act of Henry VII. grave to the Appellant the like advantages, in if an acquittal had mit taken place. The Act said, that the acquittal should not 6ff-et the Appellant in any *ay whatever. Anal they had seen that the Courts, us in the case of Slisegliterforal, had 'admitted appeal, otter a v.r dirt of se/withal had been found. In Castairs and Bailey, Yd Strange. p. 853--iii Wilson and Keusieilu—a second tried was also granted.— The Learned Gentleman then ploceetleal to remark on the account which the Appellee pee, in his replication, of the different hoots at which, evil the different places, in which he bud beets seen, from twenty-five minutes before five on the morning of the _7th of May, down to half-past five—cud cow. tend-al, that it was by no means satisfactory. when ell the circumstances were considered. In conchs. Mon the Learned Gentleman mih 000 i o ltd. that the ' , element cemented in the replication was not suf- CIRCUI7'S. I r HOME CIRCUIT, LENT ASSIZES. ficient to entitle the Appellee to a see battle, and, ilwrefore, he prayed the Court to set the plea aside, and to g rant a new trial. LordELIANIIIOROUGH. after consulting with the other Judges, intimated that the Court ouuld hear Mr. Tindall, iu support of the replicatioo, the first thing to-morrow (this) mornine. Thornhill, on retiring from the Court, was as sailed by the gratin, and hisses of is great multitude, whom the proceedings had collected together. His Honour the VICE-CUANCET.LOR set, for the 6ryt t i ttt oilier hilt promoli to hie jiitheial unit, for the LORD CHANCELLOR, hi' engaged in the llonev of Lori. hearing appeal cause.. Mr. Thi.t., on the part of the Defendants, moved for HIS injunction to restrain the Plaintiff from pre ceeding an act' of trespass against them ios Court below, and that an injunction against the Defendants, which the Ploisitiff had obtained on a former occasion, might be dissolved, muter the fol. lowing circumstances :—The Plaintiff filed Isis bill in that Court, setting forth that the Defendants were stealers in, and spinners of, Merino wool, and that l►e, the Plaintiff, was a manufacturer of greet ings and other woollen goods, and that he had become indebted to them, and for the mmonnt gave them a 1,111 of sale of his stock in A !soil, 1819, but he co►stiuwed to steal wish shout sasprincipol °esti! the Noveu►l►er fi►llnwing.'a•,'an the 17th of that mouth, lie was obliged to act as their manager, at a salary of UOl. per annum, afier which he accepted several accommodation bills for them. He remained as manager instil a dispute arose between them. 1111 d then the Defeasdatsts insisted on taking irons... sisal of the stock. &r. under the 101 l of ' , ale. The Plaintiff applied to his Honour, the late Vice-Chast eel lor, on this exparte statement, for ass injunction to restrain the Defelsol.sols from selling the psoperty under the bill of sale, and that au accousit might be taken before the Master of all dealings betirrett them, front January 1910. to April 1813, and "hat the bill or sale might he cancelled. His Honour granted the injunction on the Plaintiff's under taking to go brfore the Muster. to Imre ad account taken. To this bill the Defesidatits had pot in their answer, in which they admitted the greater Port of the ollegoliors of the bill, but set forth that the l'lsintiti never had paid them the original dept lOr which Ise granted the Lill of +sale. and that while he acted as their moaner. he dill not iserforin the duties of she ritual' Properly. inasmuch as be hall digs:lomat to strangers their simnel transac t' . They ail 000 i o tril they had taken pcs.cssisist of the stuck, &v. bust that they slid trot proceed Is. oil. because the Plaintiff's Soliestor hail ',soil Ilwut 49.11. which WWI the 'nice of the stork at ss fair valtiatiori. not itivrail of she Plaintiff's totting according to the late r, to Judges—Mr. Baron GRAHAM and Mr. Baron Woon. llerlfordshire—Thersalay, \larch 5, at Mei dos d. ..Earrx—Sloallax, March 9. at CMdmrfurd. xruor.2.—Mmoday. March 10, at Ilur•ham. Kent —lllonilay., March 93, at Maid.tuuc. Nurreg—Numiay, \larch 30, at Kisr,r,ston. NORFOLK CIRCUIT. ~11%, Ju: tYd~ Sv • ~••- . 1.,F2 AL% • • , t , i.t0r5 , K,V1;!.•. , t..;•••n0a . .. • • ' • • gn be . fore the Master to have an account taken, he NAVAL INniLLICRACE. toeil•brosight nu 'reboil of trespaia against the De fendants Ins taking peroration of the property, stud the bamboo ni his (the Loomed Counsel's) motiou was, that his 11 would, hr hit injueicti ~,,, re strain him from puseasdiug in that action. lie was' aware his llonour could.ooly decide in one or two IT ; the tirsi, that- the Manna should he enjoined front proceeding in the action of twirlers' against the Defendants, or that the injunction against the Defendants, restroining them from laruceedisig against the illsintilf for the debt due to them, should lie di red. The Plaintiff not appearing by Counsel, Ili« Honour the V i cEaCit AN cKt.i.oa—" The an+ saw pit in by the Defendants, in my opinion, is a satisfactory explosion . 'if the circumstances under which the bill was tiled hy the Plaintiff; and it also discloses what has taken place since the tiling of the hill. When the Court granted the PI tf the injunction, it was Oil certain conditions, our of whi r l, was . th a t h e wou ld go !mime the Master, and bare 'au account taken of all the transactions ffetwesu him and the Defesidants. This he has not . dbiii. but, on the contrary. he hilt brought an action of trespass. Such • Wet is certainly a breach of faith wit!, the Court, moil which it cannot submit to. I therefore direCt that the Maintains woolly obey the former order ; and if 1w doer; nut, the Court atll grant the injutictirm against I ,to restrain I • from proceeding tints the action of trespass. The order of the late Vice-Chancellor was and if lie does not comply with the conditions of N, let the injunction against the Defendants lie dissolved, and the uynoctinn against thr Plaititoff be taken as a matter of course, for I will not allow the orders of this Court to be trifled with; mid those who think proper to break faith with it. may he certain that they shall not escape with impunity." MARK E7'S. ilrichinghnnifAire—Smenlay. Frhrwrt 98, at Aylesbury. Redfordshire—Withiraday, March 4, at Bedford. /boa timodnaskire —Saiurday. Mart h 7. at Htiatiastdoo. Cantbridgrrkire--Toraday, March 10, nt'Casibridge. • NorAik —sa 'milky. March 11, at Thri ford. Suffolk—Friday. March 20, at Bury St. FAntuntra. J wires—A...on! ELLE soitouGH and Jessitice DALLAS. • CORN EXCIIANGE, Faiovir, rEr.ftrAßr COAL MAIM CT, rEMILIARN G. RAly~t Ship% Rohl. "rove _ . PRICE OF Ralik - 4891 " 3 per Ct. Rect. 001 811 k 3 per Ct. C05....80// 4 per Cent+. 991: 5 per ('t. N. Ann. 104 10q 106 Bank L. Ann. 401 15-16 Imp. 3 per Ct. An. 791 COURSE OF EXCHANG Arosterthma ....VI 1011.2 U. Ditto at Sight 36 4 Amoterdatn 11 6 C.F. Ditto at Sight 11 S Rotterdam ll 7 2U. Antwerp ea-mo 11 Hamburg" 34 0 2)U. *Roma 34 1 211.7. Parig3day's date 24 5 Ditto Donnleasix do 24 25 Fratiktort on the Maine 142 ex mo. Madrid,etfeet Cadiz, effect 39) Ba celinia !Whoa, effect 4O Seville l9 Gibraltar........ 35 leghoin BIRTHS. PORTIKOLITIL rem 5 . . Arrived the Tiber, Amu a entire. Sailed the Astrea and Abeema trier/torts, with troops Cor Chatham. Remain, of the outward-Wood. the Lakin's, --„ for die South Sena; stud Botchy*. Hustgassa, fur New York ; tlir latter yesterday lost ass anchor, bat gut it azain this PLYMOCTII, Fill 4. , Sailed the Policy, Slavers, for the South Sea.; ■ml Jaen. Milli!, for Isedia. MARGATF, FLC. r, Arrived in our Roads Chia morning thr blitz Wiry, W.I . liar, frogs Antwerp. fur L0gv.1,..i, with an anchor blukres. having bees ran foal of by a schuuticr. DARTMOUTH, Flu 4 The brig Ply, of 'tendon, Holman, master, on her from London to Cadiz. in Whist, drove shore at 1.1114 oi Sands, •hunt five miles from hence, at live ii'eliirx i n tin• morning—crew saved, and most of the mite' i:11., need 1:• ; Vessel is expected to be got uff. t.tv►:nrnot., FEU. 4 Sailed the Argo', Lyon, fur Calcutta. Prlf., Fru 5 Sailed last night, after post, the Then., Jamaica. Came flown from the Iliiree the London, C mph. 11 , foe Madeira and Chios ; and Princess Anieli.i. for ditto; Dud several others are slow oo,l.iug uu;l. tlet Galls. attwctr%u, wen S Arrived the Lavine; 1 1 4%Itley, from lierbire ; .1.164 nn.l Isaac, C Mien, front Cadiz ; Miner of !Volk'', Strwm t , lions CAIN ; 'lswo Sistera,Gaberi, from Dunkirk ; mud N. plum, Slrivack, from Ostend!. *tiled the Snouner, for Jamaica; Enteral.% Drew, for Nevis; Ann, Hill, for Madeira, -ilnrons Ay pc, ste.; Gardner, for 11 , 13rilisnore ; MAI y, P 111,1 1 ,011, t.r Oslend Charminz Molly, Farriers, for Calais; Biotin r, Cullen, fur klaniliddrelt ; Dunira, Huhiltou, for Inds ; told Cumberland, Wilkinson, for Valparaiso and India. We hive had hilt few fresh arrivals miner Mond ty, crw quently the %% heat trade this mmitirig wag hr jsk. mud s urn• kw fine sample* obtained rather better priers. Fine Hides is full as dear; Malt is steady ; iu Pear, Ikans, eud o.te. there is no material variation. COI% 11111ret'Inell WI Urn, 'rnurtuuay, 1 ruuuARV h. %Cheat, per load lBl —I; to 2ti/ 1.f.4 Barley, per quarter ..... "tag --81 to Ws Oats. 21s .-41 to 31: Rears 48. —II to 564 —4 Pests 4d. ..-41 In 2i Rye --d lo •N EW MIRY, BERKS. Wheat 50s to 9la 041 I Oats Rye to s thl Beans 504 a, 70. 0.1 Barley . 31i to 4i. Oil re... Bread, 1.. Ilid. to 2s. I id. per Gallon. SM)THEIEII) MARKET, FAIDAr, Fr :ARV . . Thl..hy'r Market was not well supplied With the elitfrres t kinds of Cattle. Reef and Mutton were dearer : Vial and Pork wild at last prices; and the fruit in ze orral a•as ousts - slink Iht. The sales in the Hay Markel were trill:uc. Hay awl Clover fetehetl better priors; Straw sold at last prize . The followii:; priers and ■umbers nre au ncriirste otatt atitut :—• To sink the offal per stone of Mh. Ileef....Si 10.1. in S.. MI. Head of f':.ttle this day:— Mutton .44. lid to Ili. 4I limits roll Lando ...os. 0.1. to Os. 01. Sheep .... 3,1n0 t'iral....4s. 01. to Te. 0 I Calves left Pork ...4s 21 to tle . 01 I Nitre .... ....... . lnct If .IV-21 .% ItK ET Hay... .... 31 3. Oil. to U 10.. 01. . Straw Clover 4l. Ow. OA. to Kt. Vie. ILI. NEITGATI: AND 11.F.A . 1)EN14 44.1. Al Alt 1.. Is. (Ay the Car rm..) reef .... 9w 4.1 lu 4. 4 , 1 f Vcal 4 01 111 04 4 1 IU Uo4 4.4 0.1 lo 4, M. i Pork.... .5 k 1,4 5s 77 Newcastle 204 .... 304. 3.i. to 4%4 6.1, 11 Nom!inland 1 Halbentla Coal - 4. 0.1. 1 Cinders By a letter from Boulogne. dated NlntoLtv we Writ that the weather has been most tempi•ato. nos along the French coast, timing the last Kr. k. On Saturday afternonn a etnuggliti t : newel wag !let ithin a /tone's throw of the l'ier Head, amd w.• regret to state, that the whole crew, can klieg of nine Englishmen ,d one Frenchman. io S YESTERDAY. India Stack - 4dl Ditto Roods .... 9,4 tui South Sea Stock $s - Bftt Ex. Bilk, 2.. 19 t!I Dilto, et.... -21 14 t t. Loiters Tickets, of. Cons. for A cc. BuilVs;: IE, FRIDAY. I'ILIBRUARY 0. Genoa 471 Venice Ital. L►e O4 70 Malta !Valdez Palinr►d 120.1. sfr Oporto fit Rio Janeiro 65 Dublin sl per et. Cork.... . ..... 9 A:ioof the flank on Ilullsind 2 per Cent. ■111.1.1011. PorioEal Gobi in .0 r. t. Coin. per 0z....0 Gtolil in Mini 0 n 0 New Doubloons 0 0 New Dollars .. it 0 it Silverlie Mars. 0 0 Nee Innis, eaelt.. o 0 0 On Wrilnesilay the Lady of the Unit. Dummied Burt. U of a son and heir. at hi. I c.iilrricr in I'tna~hllY. OH the 10th Jnito nc, At Naples, Vie I.aily of 'll).lsl3•tir Clifton, E.g . of a eon *nil lirir . At Bath. on t , t, the 4th inst. the 1. I.f Sir A. Hood, Ba►t. of a tlaii%liirr. DEATH. On the 3.1 init. at How,h.int, ag..l 4.5, MIS. C:tulm'ev, widow of the late Henry Chulniley, L• 4;. 44 Dunahaw mut Whithy, in the county 6.f 1(01k. HIGII IYATI.II THIN DAY AT LON DoN OCr• Wining 42 after 3. I Evening 57 ann . 3. LONDON : Printed and Put!ithed at thr °Aire. K, i I Strand where A arertileni:nta are an.: 1.e.1t. (!mat 1)14.11 mu** he 1.14,06, 66.11—C. 3111TH, Na I . C'ensent'a .1. N. , 127. Rt.. 4, t. P.. 111.6106. he 1w found with the erniaossr." • Mr. 4 7 11ITTY said, that was the rev with respect 50 the sinsivonr—het it was not so with reference tO cleave. That nerwation lie might iraverse.--•w• . plead is charter of icirdon for it, wheel' dill not take from him the right to wage battle. Mr. Chitty k - thwii quoted a number of essays on this subject. whirl. pew to lw fraud iii the second volume or • Hearse's Aotirities. ' The generiel brad given to '. i thew. pamphlets was.. " The ISllligliiiy, mw, and so. lemnity. of 1 roistel Combats in Englaild." Amongst otliere who rotetnbsoed to thein,.were Sir R. Cot- . t.m. Mr. Davies. Mr. Chriptriplor AVltitcomb, Ste. r who Stated with one coin-nitro voice. that whiete Slier was eiotrist presumption of guilt. the 1/e- -f-ssilatit was ousted of his wager of battle. The 1....riwil Counsel thorn . called their Lordships' I otlessi ttttt to Illr. l'ultiiiiis woik on the. Cri. Mama lAss, which was published in 1609, and ses...t through, Cow. editions i•• fonder.° years.— Ile. jot p. 185, Ira t e It, lit. " Trial by Battle," staled, that " there was an ancient trio! of the plea of not redly. at the common law, ranch used in former times, whirls was hied by c o mbat, °Mimi- -1 • Illy in Kittle with the Appellee in is charge of fe- lony. TI gh apt an much used now as in the t time of F-ilward IV. Richard 11. and Henry IV. 1 ,et it might be nerd at prssent, unlesis some good rmiond were advalired sgssiiist the counter-plea." 1 And, in page Is*, be gave the amine 1141154111 that .. ; Stounsiord eliliseed. for permitting the Defendant in ass upland to try Isis cause by battle. He also stated, as Striansford had done, that a whatnot pre. . lotion of guilt w mild be a good counter-plea to ~ .i. pin tlw Appellee front ouch trial. And pointed ••• ..in, as sails-sit presumption, the binding a noon with a bloody knife. near a deed herby—t he circumstance of a person being (mold murdered in a house where 11 r others were, none of whom raised the hue and cry — and the attempt. when arrested, to escape from pri- , ton. In Coke se tisane", 294, B. title Ka ßat- . I guile, the wager of battle. on a writ of right, was described Is. signify. in the common law, a single 11 combat. in which owithey Plaintiff nor Defendant I should light, but etch should appear by his cham- pion. This was the course pursued, because, if either were shin. iiiiiiidgment could be given with respect in the hind in dispute. But, in criminal care. the parties fought iii pens's); for, if the 2 4 , Appillunt were plain, the Appellee gained his suit, and an tier rend. In Flack's Law, p. 241, . the moor observations were made with respect to , . battle as a writ Or right—and he distinguished it . • limn the appeal of felony, in which is violent pre- • • r &limpness' of guilt ousted the Appellee of his right to wage Iswltie.' - Sir J. Hawkins. in his Ileot of floe ('rote", lib. 9. rap. 45, err. 7, observed. that wily Pfiss.isff might counttrillea a wager of battle . . by alleging 'at* matters against the Defendant, I . all might induce a viand presumption of guilt .... • and he gated the saute instances that were ennui.- latest us raw oilier authorities. Mr. Justice Black- . %%cow, iii his 4th Commentary, p. 446. had tlw fol. lows-g .host ..-pivisrr an the wager of battle ;.. o Its. Lao ti ) I. 11. I, doe., or sleek combed, was another ii *peeler of pr. imisrotions appeals to Provisteoce, sander an •.. • vprciativie deal prince would sameesiisaahly give the ‘ici.or ) in lbw innocent or mimed party. The *attire of Ibis trial, in rams of I it il injury. upon issue joined in a writ of s. t hi. was folly discussed in the mecedkier Imok• To shots I have only to add, that the trial by ballet may Le tiensandell at the election of the Appellee, is either as ap- peal IN Oil iipprovenseat; sod that it is carrierl WO with . tie.' sub mail) es that tose a writ of tight, bat with this dd. f meow, that there i ark party alight hire a champion had \ , 1.4 c Its, toast fight in their proper penotis. fold :here , ... 1,..., i f she Appellant or Approver he a woman, • priest, an ti infant, Off of the age of AO, or hate, or bliss?. he or she may i oontrip'iml, and Arline the sager of band; and canape' the Appellee to pet himself upon the country. SO likewise i it lite i rime lie notorious, as if the thief b e t a k en w i t h t h e ivaistorr, or the murderer in the room with a bloody knife, et.- App Slant easy refuse the tender of baticl from the Ap. p.n.,. ; i.a it is enreassinoble that no iaaoceul mass Shrink rtahe Mn life spinal out who is already half-coavicted." Ileving thus taken a abort view of the elementary owe,. on slur laws, who had drlivered their opi. s a lons on this subject. he should sissw revil e a l ea paspiii;es trouts lihtutical work.. Ile would do thi, i 1 , 1 • - a. - • ill' . -1- from him the right to wage battle. Mr. CI then quoted a nonsber of essay* on this vithi oleic!. •err to he filmset in the sorrool velum Ilearee's Awirities. The general !WWI give these pamphlets vim.. si The nulMlsnty, tow, ant lemotty. of I.roydel Coadat• is, Friglaiill." Arses others 'who voretnlitord to Iltrin,.were Sir IL I Mr. Davies. Mr. Chriitritilor who •iested with one cooroirrot vole?. that w . POLICY. PREVENTION OF A DUEL information trot gives at this Office, on Friday, that two Gentlemen were shoat to helot a duel the neat morning. in rivirterpowe era dispute at a gentian! tati'e ut Polhinah, ou Thins.ley Mehl. An informal** was ale() lahl ageinst tile parties at Oseesseqsare Darr. as the same same. The culler were Captain belonging to a Reel. meat of Dertgoons, Mao en ()Ricer. T. Foy atqwelomilini the Captain in the lounge Tore& ill It I.street, and Ix was taken before U. Raltir, Esq. The Captain stalest, that Mr. Hams had ehelleaged hint in cow Ir issetwe et his harem stench hits fur extreme ill.behaviuur to Eina. The Magisysse ohaerreil that let, his dale to preserve the peace. and be netted *pear **nem to 1:1111 r lido sureties to keep the mar, himself in WI. :toil two sureties in lOC/. rack, which was immediately conformed to. It was desired that the attar grallettion might be taken, if Wend. LAreroler aka hail a warrant agsitirt the parties front Oneett.rquate office. HATTON FORGERY. Yesterday this (Atm was extremely (Ton drd with gentlemen to minim the final examinaii 111 l at Mr. John OM**, who Hood charged by Mr. Kohn, Detracts, un suspicion of forg ing as acceptance to a bill of cadmium. When Mr. Ma han wss put to the bar, the Prtoerntor mated, that upon au investigation of thr affair he *ll4 perfectly oatOttest there was an Munition to drfratol on the past of Mr. Oldham, anti be regoesteil be mjght Ix: set ut liberty.—Mr. Oldham was accordingly discha►ged. paDESTRIA,VISAL THE 600 MILES MATCH IN TEN DAYS. Sir. Howard, who lima eneare•d SO perform this master piece of pedestrianism, for 2011 ex stirr the failure of Mr. Weniwo.sh, is going on promisingly. He has done as fu:• lows, over two miles of turf and road:— Miles. Miles. Misaday Tumidity f 7 I Thursday The pedestrian hiii‘heil the four days well, and was going on firoutisistitly at six 111'1104 k yesterday murnitiz. Ile is five fin ten ittehea in beizht, bas a 'smutting gall, az.il travels five wiles as busy wish ewe- On the 61 ^-I.ICIritHIaGRP IRA entering the Cowl of Exchequer Irst nton.ing. the tuttr RAoom oiror o o. l l I . that 14% the ( * Jere of IVesskiss Lewes v. 411to;rass. whirk stuf. I f,.r flint any. brainclk. -41 out into ht; Mistime+, it would lie better to heir theist Nil fill the - snow thiy. Ile therefore fixed .‘losstlity next for the iturpro.e. Tile following Gentlemen were yeaterilav eallril In the Degree of Marriott , at Lew the Honour able S.triete of Litieithi'a-I.lti It. Smyth..Cse l . ; T. E. M.Tnri ..... rm.; T. Mei., E m . ; C. ttioliarst, EMI T.l'areu, Est! ; 11. G. Loraine, Lig.; D. Rua t r y, Leeq.; anted W. L. Lowed.,., Esq. At an early hater yesterday mornitte it fire hruke out St the house of Mr. NeMllllllll, cherseintineer and ft titterer. the corner of tel spreholow-..triet, t. Meerutfilly.— The filmes. when heal observed, issued from the lower part of the ;itemises. soul rapidly iacrrassul in their Cloy. as in a few minutes the whole liniltling ass in a blare. At this time the utmost shim prysiled fur Ilic safety of the pennies in the 1 se, oho we find escaped with ;Trott difficulty, and happily without any iskinry, o . xcept the loss of the whole of their property. A nitioherofe.tee.l4.4 set ,. soon on the spot. sail with the exerti ttttt of yhe Ist-mess the throwing element Wag presented extesoline its ,swag." any farther. The its • senior ts entirely dcmulistieeL within:: but the hare wails resismiti standing. It is nut arcerisiwillsy wend means She fire oriyinatiml. A watchman, of else simile , . of Fldtely, whose brit we. ima the Nwt. succeeded its Isiits.liult out two of the chit. Wets in sillily, at elm lestenl of his life ; the puor fellow was winch scotched Ice eke face on elm occasion. Tl.e 11.4 of d groat t I der-te,l man, in great rwit blur 1, was 611111.1 ill/41111g Yr* tlle ttrrr itt the woods-it In Chelsea, nii 11'rdue.e my re , niott. It * ., Ct oe.r. t ft! to an itflitiliiittg pillolie house to he orriteil, •Ihr 1...c1t dnl not opftear to !vitt. t r , , , 44