The British Press; or, Morning Literary Advertiser. — London, England, 1818-01-14 00:00:00

MR. BONE'S SCBSCRIPTIOY. corir OF A LETTER FROM LORD 111F/TO7/ TO WAITRINAN. Cronleth Hall, near Liverpool, January 11, 1817. SIR—I address you Goat a sick bed, from which l away, ihaps, never rise, awl take advantage of an interval twin pain to send you a draft fur Oise hundred Guineas to he applial to the Subscription for Mr. Muse, of which you e Trraserer. 1 am happy, whatever may he the issue of way illness, to he able to mark say abhorrence of the tyrseeical, vindictive, irld persecuting spirit which was manifested on the late Trials—my contempt for the spiteful Imbecility which urged a continnauce of them, after the failure of the brat—and my ad miration of the intrepidity and ability of the individaal who so triumphantly defeated the greatest anil must daugerous conspiracy of the year 1817. I fear my tiller will be hardly legible, as T have MEN difficulty in even bolding my pen. To R. Woithmao, E.q. I am. Sir, TUnC obedient braible Servant. SEFTON. KING'S THKATRE. A very splendid and numerous audience were last night !present at the repetition of PARR'S opera of Geiseisio. The boxes rparkled with beauty nsid Etslsom, long before the termination of the first act—and the pit was well attended at the com mencement of the opera. The beautiful music with which this opera abound*, and the host of talent by which it is supported, resider it more thou cot only attractive. The great ornament of the piece, Madame Foliose, does perfect justice, as an actress and it singer, to the character of Gristlda. There i 4, in her demeanour, an ineffable mildness and inoileaty, on which the heart lures to repose— mid the soul of melody itself seems to speak, when she pours forth her rich tones, in some soft and me lancholy strain. Nothing can be imagined inure dr lainiesly pathetic than her performance of the first iota of the duetto, " L'uwgel the she sal aide." It would penetrate the moat obdurate breast—it would create an appetite for harmony in those who had previously despised it. This effort can only be equalled by the manner in which she sitters the prayer fur the happiness of Doriste who is introduced to her as the intended wife of the Marquis. It is a most affecting composition, sod M.idisme Foooa threw into it an intensity, but, at the same time, a delicacy of feeling, that fousul its way to applauded throughout the evening. Signors Cat. V t and BEGREZ distinguished themselves greet 'iv. as the Marquis and Leash's,. The latter was pe. coliarly happy in the canalise. " A lei cite adoro." Stwoof NALDI'S Clunareale was exceedingly comic —.111.1 the sprightliness of Signora Moat was seen 1,, great advantage in the pert and intriguing Li. redo. The duet between Mealtime FODOR and Sigro.ria Moat, ‘‘ Vederlo sop brunt" was en. thissinstical:y encored. The new divertisement, Le Depart de Sancho Panto, was received with the most flattering smirks of approbation. Wu were much delighted with the tuttastrt Pus de nois, with which it emu s. Mademoiselle MARINETTE. one of the graceful trio by whom it is danced, Is au artiste of great ability. tier attitudes are excellent—awl their are a playful lightness in her step, soil ass unaffected ease in her action, that rivet the ;Meu► boa to her iserfurmance. The new ballet of .Etims et Ftticie followed the itia.r.t, sod gave the new dancers Alud e uviisell e s CorLits: and LEBtt ETON. and Monsieur' Hut.t.tx :ma loess .11ST, • second oppoopisity for the dis play of their powers before a Ihitisb audience.— They performed with greater spirit than on Saturday evenissg, and were much applauded. On this oc casion. Mr. OSC•R BYRNE shade his first appear ance, tins season, in * Pas tie Dews with Made. moiseile ot.ET. Osi his entre lie was loudly greeted by the applause of the audience. lie danced with at.cuinition energy--and the 'wetness and spirit of hi. executiots elicited bursts of approbation. Ills pirouette was, in porticuler, admired by the cog tmscenti. It was resod end vigorous, without ex traiagance or confusion. This plant of native groan., may, we think, vie with the best produc tioi.s of a foreign *nil. iIELANCUOLY ACCIDENT.—BRIGHTON, JAN. 2.—This morning about 50 Noblemen and Gen tlemen assembled at Staudend, near this town, to ei.i..y the diversions of the chase, with the aubscrit • tow pack of harriers. After running in at the death of two hares. they took the direction of Dictating. At this spot Caplan', CURTIS observed Master We lilLitAll.l., a fine youth about 14 years of ag,e„ ue phrw 01N1r. Serjeaut RUM NINGTOR. mounted upon ti spirited hone, with his feet ill the straps of the stirrup'. The Captain warned the boy of the dan ger of riding in that manner, awl requested his,. not to join in the sport of the field. Unfortunately, at that moment the hounds passed in full run, when she animal stinted of. and in less than ten minutes th e youth was seen to lose his seat, and !wag 'w ayside.' by the straps. His head was knocked against the new kid flints in a most dreadful manner. The 4sinse, fouling itself iocumbeted, plunged. and quickened its speed down Staudend-hill, whilst the I :emit-men in the chase were endeavouring to ...I 'l l the carter of the animal. The hounds • joiord iii the pursuit, and when the horse • I, stopped, actually stood at bay. We sincerely t to add that the youth was .literally dashed to I. • t and was lifeless. This melancholy event has a-ioned the most painful 'action in this tows. %limit two o'clock on Saturday morning. the , orr of the Knightsbridge gate, 11111 the road be "rt..' Tewkesbury amid Cheltenham. was called sip 11.01 eit th e gale, and, immediately on unclosing iii. tins., was knotkril down by two fellows, who sit..;!4ell 16111 into the howte, s uit threatened if lie 410 it iheitely inform them where his money w,.. .I , pieloted, they would heat out Ins brains. 1 ' 6, 1 then roli!tril the house of about Id. in money. a will( h. .1 new suit of dollies. and oilier !property. alt' stud' they got clear Dlr. One was a short by..ut atau, , n 1 a smock flock, and both appeared to / wculht r., LAW INTELLICENC'E. COI'RT OF CHANCERY, I.moties bur, TUUDAY, JAL. 13. PICKERING in the ■otter of ?magma, a Bankrupt. The Court was occupied the whole of the day in hearing two Petitions in the above Bankruptcy, of no interest except to the parties concerned. The LORD CHANCELLOR slid out give his pro mind pailgueents. COVRT OF KING'S BENCH, GUILDHALL, TUESDAY, JANUARY 13. Sittings before Mr. HOLM) YD, and Special fairies. lERTHOM au/ ♦NUTHER r. LOUCHNAN. This wing an action on a policy of insurance, on part of the ship Mai de Dias, and a portion of the goods on hoard her, on a voyage from St. Michael's to Persuinibuco avid back, at six guineas per cent. T4ie action was brought by Messrs. Berthosi, as the nominal Plaintiff.. the real owners being Messrs. Jose Antonin Vasconcellos and Co. mer chants. residing at St. Michael's. The vessel, it appeared. sailed from St. Nlichael's, in the latter end of Nlay, or begiouimg of June. 1811, and, having arrived at Pernambuco, landed her freight, and taken in a fresh cargo, she commenced her voyage back to St. Michael's, on the 3.1 of Septem ber. 1811. On or about the sth of September, she, however, foundered at sea. On the 12th of Decem ber fol low i M essrs.Viiscosicel lots wrote a letterfrom St. Mich;sers, directing the Plaintiff.. their agents in I. lon, to effect au insurance on the hull of the Mai de Thus, fur 2,1/001., and on the goods for 1,51)01. This letter was received by the Plaintiffs on the 27th of January, and they effected the po licy in question on the 31st of January, the De. femlant being an underwriter for 2001. When the loss of the vessel was ascertained:and application was made fur the payment of the sum insured, the Underwriter rifused, on the ground. that, as the vessel was lost early in September, and the letter to the persons who effected the insurance was not written until the 12th of December following, the 1t,,. must have been known at the time, by the owners. Mr. TOPPING, who stated the case fur the Plaintiffs, observed, that he would prove that the loss was not known at St. Michael's for • month after the letter had been written. But it might be arid. that, as the vessel sailed in May or June, and was not heard of in December. the owner had a right, at the time he wrote the letter. to consider her as lost. In answer to this he would skew, that it was not an uncommon thing, in consequence of the difficulty of procuring a cargo at Pernambuco, fur ships to be detained on their voyage from St. Michael's to Pernambuco and back, fur seven or eight months—and, as there were no packets be tween the two places, by which the time of the de parture of a ship from Pernambuco for St. Michael's could be known at an early period, nu apprehen sion was entertained of a vessel being lost, for • mach longer time than would be sufficient to excite suspicion in other cases. The policy of insurance was then put in and ',roved. It was dated the 3 1st January, signed by the Defendant, mod purported to be for six guiums per cent. for the sum insured. The deposition of the Captain of the ship was then read. It set forth that the vessel was lust on the sth of September. Five persons were drowned and IS saved on that occasion. The deposit . of Mr. Canllos, a merchant 3t St. Michael's. pet forth, that the news of the loss of the Mai de Dios did not reach that island wall the 1311 i of January, 1812—bring a mouth after the letter written by Vascoucellos to the Plaintiff's, authorising them to effect the insurance. The dif ficulty of procuring a cargo at Perna►nbuco, often occasioned a delay of three ur four months, before a thip could return to St. Michael's. The overage time taken for the voyage alone, from St. Michael's to Pernambuco. was SO or 60 days—and the same bock. The depositions of several other persons stated the smite facts to the length of the voyage—the delay in procuring • cargo—and the ignorance of Viniconcellos as to the loss of the vessel, when he wrote the letter of the 12th of December. Me. WillaTarr, for the Defendant, contended, that Vaiscoucellos had Mewled the Underwriter by the statement contained in his letter of the 12th of December—and ►f this were the fact, the Plaiiitiffs had no right to recover. This was evident from the statement csnitained in one of the depositions. By the answer to our of the interrogatories, it asp pesred, that the vessel arrived at Pernambuco, in the second week ofJuly, mud, immediately on that event having taken place, the master wrote to his prix cipal, tia Lisbon—and it was also deposed. that the fact of the vessel laming reached Pernain him° had arrived at St. Michael's, and was gene rally known there !wig previous to December. These facts were essential as to the risk—mid it wa. the duty of Va•euneelloa, when lie wrote his letter in December. 1811, to have given notice, that he was aware the ship had arrives! at Pernambuco early in July. She was a small ship, and therefore took but a short time to load. Now, even allowing that ►he would be two or three mouths procurioc u cargo, and two months on her voyage back, thw would only comedown to Novem ber—and, therefore, suspicion must have been ex cited in the breast of the owner, when he wrote in the month of December; and that suspicion, and the cause of it, should be ►tated to the Under writer, iu order that he might demand a prupport.•uo able risk. But, in fact, it appeared that sire had got her cargo completely on board on the 3.1 of September, 1811—she should, therefore. have air rived, in the courmmt course of things, iii the mid dle of October—and %et Vasconcellos sorter at tempted to insure the vessel until December, when . lie Legal' to grow a little nervous on the subject of her safety. It was also very remarkable, that the letter dated the 12th of December, did not arrive till the _"7th of January, when, in point of Get, the Sis►ers. a vessel that sailed from St. Michael's shout the jlio of December, 'Tired in the poet London on the 9th of the following mouth. This excited a suspicion, that the letter was widieti some time alter the day the dale of which it bone. Edward Tarim, slated, tha►, at the time the suratire was effected, he was in the house of Tanner and Co. Ile received, on the st9th of January, a letter from St. Michael's', brought, he believed, by the ship Facovrite, which he banded over to W. S. Bennett was consignee of the cargo of the ship Favourite, which arrived in January, 1812. The date of the bilk of lading Was January 2, 18t2. Witness was also consignee of the cargo of the ship Passe, which arrived on the 29th of Ja nuary. 1812. The date of the bilk of ludi.ig was the 7th of January, 1812. The fruit season at St. 11fichaers commenced at the end of November or beg' gof December. During the fruit sea son, many vessels were dispatched from St. Mi chael's to London. Witness had received a cargo from St. Michael's. by the Sisters, on or about the 9th of January, 1812. The hills of lading were dated on the 7th of December, 1811. Cross exantined.—A letter from Vasconcellos was handed to witness, who stated, that the mark ou the corner denoted that it was a duplicate—but there was nothing in that letter which shewed that another was sent previously. He knew of no ship having miscarried from St. Michael's, in that sea son, presious to the date of that letter. William Janson deposed, that. if in the letter of the 12th of December, which was received on the ?9th of January, it hail been stated that the shit• had arrived at Pernambuco iu the second week of July, it would have made a great difference in the rite of insurance. If ha had been informed, that the ship hid 'mired live mouths at the Br.mls, lie did not think he would have insured her at all ; or. if he did, it would have been at a large specula. live premium. Under the circumstances now stat ed, the vessel would not have been insured under 40 per looking to the letter sent by Vasconcellos, lie should have supposed the vessel was in due course, and would wily have looked fur the regular premium. David Millie had been, for many years, an un derwriter at Lloyd's, and conceived the letter of Viisconcellos to describe a common risk. lf, how ever, witness had been informed that the vessel Intl sailed in the end of May, on a voyage from St. Mi chael's to Pernambuco, and back, he should, on the 31st of January following, bring then put in possession of the fact, that she had not come hack to St. Michael's on the 12th of December, have considered her to be a missing ship, and " would not have touched her with a twigs." Mr. TOPPING replied. Mr. Justice 1101.110 YD summed up the evidence. The Jury retired, and, after half au hour's con siderations returned a verdict fur the Plaintiff:— Damages 2001. costs 40. THE KING V. THE INHABITANTS •F MIDDLESEX. Mr. MARITATT stated, that this was an indict ment instituted against the Defendants, for not re pairing a certain bridge, on the high road from Hendon to IVestminster, situated near the five mile stone oil the Edgware-road, generally called Brent bridge. The bridge was partly situated in the pa rish of Hendon, and partly in the parish of Wils den—and the whole of it was notoriously out of re pair. With respect to that part which was los the parish of Wilsden, the county made no defence, except that it was not out of repair —hut the con trary he would easily prove. As to that portion of the bridge which was situated in the parish of Hen don, the Defendants, he understood, meant to con tend, that it ought to he repaired by the Lord of the Manor, but that defence he hoped lie should be able to disprove. Mr. W. Nourse, a surveyor, was acquainted with Brent-bridge, which stood in the highway between Hendon and Westminster. hi the autumn of 1815. be surveyed it, and found the spring of the arch defective. The bridge only covered one half of the highway. Witness was acquainted with the bridge for SO years—during which time it was a public thoroughfare for carriages. horses, and passenger., generally. He considered the bridge to he in a very dangerous state. When the waters were out, it was necessary to cross the bridge. John Rickard resided near the bridge. It was nearly in the centre of the road—and, at this time. it was absolutely necessary to cross it. Persons might go through the water—hut it was very muddy and disagreeable. One quarter of the bridge is in Wilsden, and the other three-fourths in Hendon. It is now very much out of repair, almost tumbling down. Mr. GURNEY addressed the Court for the De fence. Ile would call evidence to prove, that the Lord of the Manor of Hendon was bound to repair the bridge, and not the county at large. The De fendants contended, that Mr. Lowndes, who was now Lord of the Manor, was the proper person to repair it—but he declined doing so, for, like other Lords of Manors, he would much rather the county should execute the repairs than himself. The celebrated Mr. Garrick was the predecessor of Mr. Lowildes. as Lord of the Mamie of Hendon. He was called no to repair the bridge, and did so— and lie (Mr. Gurney) would this day call the per son who, by Mr. Garrick's directions. executed the to ceesary repairs. This was a very .1.1 bridge. and must have often wanted repairs —and lie would adduce evidence to thew, that it 'sever had been re paired by the county. Thus he would give nega tive and positive evidence—chewing, on the one side, that the comity ~ever bad repaired the bridge, and, nu the other, that. 40 years ago, when Mr. Garrick was Lord of the Manor of !tendon, it wee repaired by I T. Stirling, Coroner for the county of Middlesex, deposed, that he knew Brent-bridge. Ile 1110 been, for 35 years, Clerk of the Parsee for Middlesex. and, durilig that tidos.. never saw any charge in the accounts of the county for repairing the bridge. Mr. Joseph Nichol! knew Itrent-bridge from his infancy. He is sicw 69 years of age. lie is a brick layer by trade, and, in the year 178 N, he repaired tin re-fourths of the bridge, which are iii the perish of Hendon. for the Lord of the Manor, whose steward paid him. Mr. Lowtides is now Lord of the Manor, a n d his lowlier Richard acts as steward. to the'year 1770, the bridge consists-II of two arches. It was ut that tussle pulled down, awl rebuilt, lie • believed, et the expeisse of the Lord of the Manor. It was never doubted, that threc-fourtl+ of the bridge, iu the parish of Hendon, were liable to be repaired by the Lord ..f the Manor. ('rocs-examined.—lle slid not know, certainly, who paid fur the rebuilding of the Isridge in 1770. Ile had r t erlvrd payment fur repairiiig the brvige prior to 1788. He was paid by the steward of Mr. Garrick, the then Lord of the Manor. He was paid by Mr. Garrick's executors for the repair of 1788. Witness repaired three-fouttlis of the bridge, but he did not know who repaired the other fourth, which was in the parish of ‘VilAris. Mr. MARRYATT replied. He argued, that, by the Statute of Henry VIII wherever any doubt arose all to the right to keep bridges in reviir, it was enacted, that the county abould, for the public convenience, take charge of the nece , rary repairs. Here such a doubt evidently exited—fur it dill not appear by whom the bridge Was originally erected —and, though* Lord of the Matter might, from a principle of generosity, undergo a small eXpenso, for the purpose of making a particular repair, such spontaneous act was not to bind his succrsons. . . Mr. Justice Houtovn, in summing up, stated, that, with respect to the quarter of the bridge si tuated in the parish of ‘Vilsden, a verdict must be given against the Defendants--since it appeared that that quarter was out of repair, and no reason was assigned, by the county, tOr not ordering the defect to be remedied. With respect to the three fourths, situated in the parish of Hendon, it ap peared, that, for 35 years, during which it had fre quently been repaired, no item; proving that the county had undertaken the duty, was to be found on the official books—and it was clearly proved, by the last witness, that, 1111 two occasions, he was paid for certain repairs by the agents of the Lord of the Manor. The Jury found the county liable to the repairs of one-fourth of the bridge, situated in the parish of Wiltaleillillll the Lord of ilie Jlsusor of lien don liable to the repair of the three-fourths si tuated in the parish of tiendon. POLICE. DOW-STREET. FATAL DUEL. Yesterday morning another investigation took place liefore Rtcu►au Smarty, Esq. respecting the cause of the death of Lieutenant Edward Bailey, of she 58th Regiment of Foot, who was shut iu a duel us kluudny morning, in a field near Chalk Farm. Theodore O'Callaghan, Esq. who is charged with hying a principal in the death of Ilse deceased, was brought to the ()thee to undergo • second essuninatinu, as were Charles Newlinit, his second, and Thomas Joseph Phelan, the second to the deceased. Mr. George Rodd, the Surgeon, of Hampstead, who bad omitted to attend the examination on Monday evening, ot tended yesterday sniorning, and slated, that lie was sent for on Monday wooraing with great speed to go to Mr. Adams's boom, in Ingranes-lase, to attend a geatlemait who had been 'severely wounded. He arrived at Mr. Adams's house about ten °o'clock, where bestow a gentleman, who had been wounded, lying on a sofa ; be proceeded to examine the wound, and be found a ball had penetrated son his sight side, very nearly io a line with his navel. He proceeded to ex amine him on his left side, when lie iliscovesed that a ball was resting between his skin ousel the muscles. He inceeeded in extracting the ball from the wound, and then aln.xactl 11. The three gentlemen, who are the Prisoners, were pet sent in the room at the time he examined the wounds of the de ceased. After Liesit Bailey died he opened the body, and found his ionestines had been wounded is. *lsere differeut places, and which he lead no doubt haJ caused his death. Mr. William Adults, who has acted au hummer in this unfortunate trans:senate, attended again, and stated in ad dition to his Seatimory, which be gave on Monday night, that after the deceased bad called Mr. O'Callaghan to him on the sofa, he shook hands with him, and said every thing had been conducted in the most honourable manner, and that be forgave bins. He asked Mr. O'Callaghan if he would have done the same by him if he had wouuded him. To this Mr. O'Callaghan replied, most certainly; be should have acted as he had done, and followed top the observation by saying, I wish I had beets wounded isostead of you. Mr. O'Callaghan appeared muck affected, and said," Yuu touched me in the first fire we lead, on one of sny legs, by what is called a graze." He then exhilvied his trowel-vs and boots, *hen it appeared that a ball hail wessca through holly the legs of his Irowsers and one of kir boots. He saw the deceased, Lieut. Bailey, shake hands very heartily with Mr. O'Callaghan previous to their parting. The three Prisoners were ordered to heels gained its custody. Ott the application of an Attorney engaged Air the Pri soners, Mr. Siang agreed to their undergoing another in vestigation, previous to their commitnieut for trial, and the Attorney wrote to Mr. Adams, reepiesting it as a favour that he would attend again last evening, at seven o'clock, at which hoar the three Prisoners were brought again to this Office, and Mr. 1411INIC having takes. his seat un the bench, Mr. NoLan, Mr. AILAWN, and another Barrister, whose name we understood to be Gouto, presented them selves he the Magistrate in behalf of the Prisoners. Mr. Nimes' first addressed t h e Magistrate, awd observed, that as the Coroner's 'agent bad out yet sat, sod would not sit till to-morrow, as the Prisoners were now in safe cus tody, the Magistrate would let them remain where dory had been hitherto confined; as he well brew it was ha waist to urge any dincretiosary power the Magistrate posseseed as to bailie' them, till lbe decision of the Corouer's Jury was kaowa. The Learned Gentleman said, he frit strongly the thaege a the crime wader which the Pri.amers laboured, bet be would say, that nothing be bad beard of the 'evidence against theft in the least affected them as to premeditated murder. With regard to owed' the Prisoners, Mr. Pbellii, he was the 46:leased's particular friend, and was by nu memo' isistrumeetal to the violence that bad been committed. All that Mr. Adams said respecting hits, sad who w a s t h e must innterial evidence was, that he was there on the spot at the time the decease d came by his death. Foe any thing that appeared in evidence, he might beet been there 'eel dentally,llw spot where the transactioa took place being near a public road and a path, be might have beta an idle spectator. lie must now "Muter for the highest crime which the law knew. The question he had to urge was, whether he was to remain 'Or custody, or be admitted.to bail, till his trial, which be urged as to a seam of honour and humanity, and which he had an doubt was possessed by the Gentleman before whoa, the busbies' was first iiiveatigated (Mr. Conant), and if be had Ikea bees presto', h.. e l lo od have taken the liberty of asking Mr. Adman a few pies. Lions, which be tattered himself would have indwell' the Magistrate to have admitted the Gentlemen to bail. If the Coroner's Inquest had met situ pronoonced their verdict. Our cam would be altered. As Mr. Adams bad not arrived, lie trusted that there would be lit. objection to Ira them remain where they were. To meet his fate it wait the wish of his friend, Mr. O'Callaghan, as soon as possible, mot to whom the trial would be the must Willi resting, and he by no means stashed to defer it. All he wished tor oas, t h at they might he remanded till tornorrow morning. Alter the Cur is Inquest had sat olio's the body of Lientenatit Bait. y, sod reformed • verdict, it would thee, be a question, übriber all or any of the Gentlemen should bt admitted to hail. Mr. All6lllll followed Mr. Nolan, mud Wray baud...timely sc. knowledged the kindness whirls had Lem. elieiru Irma, allowing him to read Ilse evidence, ninth hail hi en taken iii writing, against his clients. lie proceeded to Enlarge upon it, and urged that there wee awl a shade of dillersitee be tween Mr. Phelan anti Lieut. Neabolt • mail noictied that their etimmitenent may be defetted, m ud that they might be admitted to bail. Mir. [loam, in reply, said it was iria aid' to do jmdice to sU. The Primmer. had all Iwo found mi the vol. Mr. AIUIIIIIN admitted that there waa uo Armin about that, bat he appealed to the Magoitrnm to feel as a mail, a voitteman, and an a hier)rr. Mr. BIIINIC paid, he hail a politic dirty to pedant. In mower to arguments or the Learned Counsel, he 00 0 tad the erldnated lase of Mootiouirry sod M`Natum.l, to which Mr. lieaviside, The sorgean, 111111 committed fo I St tr gate, who hail Itti y !Well :Mew/lux prof, ty, y et hr was: committed on a ebitsge of siturdse. In that rate, it M. 1:1 recalliTted, Sir 111dt:frit F r'd wU eurtorruitie t ., who at that time took up 1 he,iaarepre ofduelloc.: iii a vary spirited manlier, and publicly expressed likoletro 111 Hie ti, commit the surgeons, and all persons wlas were pees, nt at fa(il duets, to take llit ir trials for nostaler; and it was *his firm conduct in the Magistrate at that time.tv Welt cherked the sp rit for ilui Bing fur some time after, Mr. Fleet isms, Laving liven confined in Neivgate fOr a considerable lino, and at a heavy cspense. Probably bail to ant. amount could have bruit procured fur 'Mr. Ileavisid but all was refused. The other ',earned ( totinid, whose paste we understood to he (;nt.t.n, war tieaid iu favour of the l'rionnee a. Mr. Nuit.AN said, their only motive for the application in !behalf of the PetslllllT, was, that they would he noire com fortable where [hi y Ita.l been during tl.e night 1111111 in keirzate. Mr. Ilium tt: observed, that lie did not know that Magis leaks hail any thing to do with Coroner's Impirsts. Mr. NOLAN if the mmi.tritte eumidied with the op. pliestion, ieu inischier, public or private, could happen. The St agistratc obscrvect, that it was ii, evidence to fore him, that our of time l store *objects' had been dem ived of life, nod upon prima facie evidence, it was mariler. Mr. Nolan again urgiil big motive, that ilia clicsits might here a more comfort:ll4r kilging.. Mr. BIRNIE said, te . f..411 soners must all be committed list New:T:tie, to la o three tr , nt fur the murder of Lient.•ltailey—and lie was convinced that the three Learned Geittlenicit would allow tb.it he liad sly cideil right. The Gentlemen limited and retietd. The Pi isossery %vie given into the custody of :lie g !ob. is, to lie conveyed to Newpie. 91 ARLBOROUGTI.STRFTT. HORRID 3IURDER, ARIMNG FROM THE FATAL EFFECIJ OF EXI•LSSIVE DRINKING. Land Evans. a jiitiroryturto ithoot 40 yenret or, WaS Lllll4lOll op fr. to St. Antic'. watch Iwu.r,Chntttsd with thr wiliat utunh r of ---, Ir . s %%ay., by her reiwittedly with a poker. Satur lsy night, at his !milting!. iu raleotaberz-cian Cr,' ti-tairi 1, St. Aline 's. Ihe !ta b.* III:. is Ili evidence at length, as deposed to by the Ihi:VCI WillICS111411: Mary Chapman stated, that she lived with her husband in • room over the Prisoner, whn so-copied the parlours at No. 3, Falconlwrg.cosirt. tha Saturday Meld she heard the Prisoner talking loud, as if quarrelltng ; thus was berme I* o'clock, and f that hoar, ismul three on Sunday 1111 l she heard dreadful groans, which proceeded I,son the P.l. loner's rooms She went to a chandler's idiom the Di at morning, *hen it was reported to her that Evans had mur dered his wife. She olaservrod the bed anal pillows placed against the wilidow, the curtain of the lied-mum was I hots it back, haul there %reused much contusion. the Hest day a young woman was floret., and she Idiot nut know that th e wife was dead moil a cuQin was bronchi iit no Monday night. Aisne De d, a t SUlpoama witness , stated, that she occupied the first fl oor • t N O . 3, sorer ic Prisoner's bed-roam. On Saturday night her husband came home drunk, and after hating had a few words with the Prisoner, who busied himself about the street dour, he threw himself on the heel with his clothes an. The Prisms. r used illy bail words to witness, after he had got into Isis emu route Wit ness wailed on the stairs and lo aril him beating his wife, whom groans were Mud and repeated,and she alarmed ate other lodgers, stating, that murder %4:111 einniniaing in Ilse house, bid she could IRA Millie any sit e, mid she dared toot go alone. The groans of the dereass•ul grew more lan guid. Nut seeing her the next morimeg, she Omagh! she might hare gust Mask riot, and being a errs reed particular woman, she w. old mit like to be bores. Wit elm saw ilia Prisoner treat worsting wiping spots soot of the thio r, with a wit cloth, in the frosts parlour, and she upbraided him so i ll, ill treating his wife. The hat k parlour door where they slept was abut. There was mush imissiry about the wife its thr neighbourhood, but witness did slut know she was (lead until Nlouilay night, whets the collie, aas brou;lit in, The so was a strange woman in the Pi 6,1;1.1.'1 apartments, incei sandy watching Ilse knocker of the door iteltecci Mucelcu hit, a genteel lookiug marricil woman, wins occupied an apartuient Lm the second floor. con oho. rated the evidence of the twit foismr witnesses, relative tis the groaning of the deceased mail after two o'clock in the maritime. It was like the gof a der,. She made up her mind to co down stairs twice, soil slit. got nut of boil lit du as, hut she was afraid of herself and her Imams!, as Is. was but a little man, although she said 111 him that she would nut stay in a house where murder was COM. misted. The noise which press sled the :roans appeared to her likes person koacking dawn shelves with • poktr, aid it continued as if to droull the groaning, Mr. Webb, Coustable of St. /time's, also acted upon tin information of Mr. Drsiound, was swum, aril his testi niony exhibited a horrid picture. 'Photos- having hetud of Ilse suspicious circistu , tancros, went to the Prissourr's home, and found him smoking. Ott interrogating his., he said something of three Is kismet) tunic iii the passage, and by hi s conve r sati o n hr set toed to hare bees§ jealous of Isis wife, and arkutiwlcdgml baying struck her its the Hsouth with his fist. Witness examoincil the front.pas lour, soul discovered Ilse flour and wainscot besprinkli if a oth lipoid All atri snot had been made to cleanse it, Slut the 'cry 'Mogi of the room which were met of reacts, were splashril with. it. Ile could nut find any of the den ascirs clothes, but a pair of bandit were found, which were bloody He afterwards saw Ilse body in the maim its the bed-room, corso r ,,l liver a t il t a sheet. The cap silt the head WaR its 11 gore 11( blood, and the hair matted with it. The back toast of the load was brat to atoms, so that a finger could lie buried its the wo 00000 Is, moil no such appearances could have heel. arca siossed by a fist. This roost was also besprinkled uith blood. Witness look a poker (nuns the tile, which, front the appears to of blood on it, was sits Mod.. the instrument of death. The Prisoner said that the deceased was vsr y bail at seven o'clock in the morning, mid he applied hot hoicks lit her feet, awl that she Bird as 14'11 11. 1 1 Ork. He se. fused to give sssy accouot of her clothes, but witness surer _ teemed that a map named Davis, wins winded next door, suit Ratted with the Prisoner near Ss. Church, had them in a bundle, which the Primmer had conve)rol to his a ii., Webb traced the bundle, and the (Italics eolith med the bor. rid an ; risme of them hod hero a t shed. Ihe r said that Mrs. Davis and Mrs. Jonas laid his w ifs George Gillman, a clerk, and son to the watelchatist keeper, corroborated Welsh's state mem, and added, that the Prisoner told loins shat he mmesi to .1 w oils his wife, !K -ellum the could rod account to him his ou r of f t, ; that he went from one public-Loose to nuather till he was drunk, and that a JlllllllOlll 111111 111:11 lie 11111 , living wall a WUIIIIIII that was 1101 his wife. Th.. Prisoner's defence was 9 repetition of aim: he 1....1 told WeMb and Gillman ; ohm Darin viol lie went till lie got very drunk, and that he (timid himself lupin_ on leaving the first house. Whin lie go, lionw,he could iiot remember That an li-whaossi o.truck him, and One 01 ih.• w •a (Desmond), told him Ohio her husband 1,1.1 mina' knowledge of his if., He lost 91 , 01“. ghoul i h .• oniony being 'hurt; applying too to her 641, her tea in the imagist, of tier going to lied, nod 'hat Has ,• awl he found her dead in the 6.11, in the 1111011111 g. califs, he said, was had from Westuloodcr. M.Rislnte.—•• How cfteti did you strike het, and lira came the room wo bloody ?" Prisoner—?' I suppose the Mood came from my wife's head. I was very ttpsy, and don't temt•mhcr strilsittg lin. more thin 'wee. filacistrate--" H. a came the blood on the I , oker! ' isioner—" 1 sands% has: Otto k har hi :tit *lieu i.he lying by thr•tirc-power, as I 13 it'll to pick kr tip , but tit. , A giddy, I lit her fall again, I litliet•e." The Prisoner was mitianded till Friday, , lieu the r taker and his man, soil the two %10111C11 w I o laid the de. Cruet' out, s. r 4 niderrit Io attend. The w•ttnrlola until away tu allesa the Cer,•iier'a !figura, summoned fur last isight 0 , 1 Tiitmdiv night the Theatre closed with the couirilv of %he Achvvi for :scandal, for the Item-lit ..1 Jr-. 11. SWOONS, 4.11 the I ouse fa/m.lrd to au ofeiNow ill every rot, J 1