The British Press; or, Morning Literary Advertiser. — London, England, 1824-08-02 00:00:00

SPE( MATIONS OF A TRAVELLER (VINCERNI\H THE PF.OPI.E OF THE UNITED brATESI WITH PARALLELS. (From Bkckwootre Mega:Jae.) rokops the best Way, 'after all. of :flaking any two itionsighly arguaantrd Math each other, ts to run a fair X2ll between thom, wherever h tan be done—with a hem hand, a clear h o d, and aat Ay rye. 1 /no simple feet, liniught home upo.i us „ o pectegly. wit/ often do more :ban volunits nt . abstract propu- moans. But. o M running a parallel of thee kind, one should be perpetu ,pe woo his inter& or he will wander into pottry and exage-ro. on. Ihe it. are of doing a clever or • brilliant thing--of beteg lively, smart, entertaining, heireedingly prone to interfere with plain matte , itf fart. But, where nationsi fellowthip m ad., the rif t ut& troth it Owl* better than please:dry, and ratiesture, hooter rich and humorous it nor he, is catirely of p u e , goad, absolute nature, although it linty be, ponictitties, elferenve, it,. eorlllo very nifenitive a. affeerarion. The 'reviver of an Anteticati will not Mien hers, hint; that of s o 'Englishman will; so will that of a Scot, or an Irishman, un. k u s he i.e of the highest etas., when Lis English is often remark able fee purity. But there are ere provincials in the United Sestet. The Yan kee', who inhabit the New England Siam, lkleasachtuate, Rhea Island, (;ennecticut, New Hampshire, and Maine), differ, io is use, frets the southern people; and the latter, In their turn, digs from the western people; hut then at in only in a few wools, the whole of which might be enumerated in half a minute ; and In a strong nasal Le.., common to a pert of the New England ;emu. hut foe thew few words, still this tone. the people of any one idiot to the Union might become incorporated with the ;termite, of any oh. r, gee hundred or a thousand miles distant, without tag known ter strargere. And. at it it, the native of any one eine can nueel flea one end of the Union to the other, demand* and thousands el miles, not only without at, interpreter, but wish a tolerahtz colonel. It he desire it, of poring, in terry stele, fur a moaned that state. An Y.nglishman win bar no 141,111 L: ptuvin cial dialect, sod co very peculior pronunciation, may pass iti the K way, without sutinctott, over the whole of the North A.:ltal. can States. A fat like this tennis? but make a strong impre,elon upon tie. The beet a English, we all know, will not carry a Min for In the Ilehlth Empire. To a large proporion of the people, it would be! wh ti'y etikitelligible; and to another loge proportion a suet of 41.a'act. De who mold travel comfortably, for three et four handfed wiles, in en y direction from London, thould understand mu, law. t rages tad ma -y dieleco. But ant language, if he speak it t u lle. roar, lull carry hint all o er the North American States; and, in e , ate OOP, w ttbwat 1 trirlilLire him to lit known for a strange., Them intry people at New England—the Virginian. and the Kin- I relate', who are the poeterity of tic New Englanders-- have a d troth', wound the morel a, likeethe nAnth and Irish ; and, I ante ewer, like the Italians, without arty variation of tone. A Vtakee 0.1 my, I guns; or emirates., though very rarely, I Nictitate but serer I reckon. A Marylander and a Virginian' will tar. 1 reckon—aosnetinses very oddly, as thus:—. D I you v i s a lieJefletens before you leave the country ?"—" I reckon." vi e giaiaa wit never known to try, I guess, or I calculate. A Teneruirn or IC,ntuckian will generally say, I calculate: sel dom, I gueee, anti hardly ever, I reckon. These words, in tat, ire t he eistiegoishing mark, of three different divisions ot the Antrriesa people. /fere thee.bareity of those reprinentatiesia, however hulnOnTolll' they may he, which put all these phrasal, and others that resemble o l eo, Into die same fellow's mouth. And heists is it, that on American who goat to see Mr. Mathews, although he may laur,ll r heartily as another at hrailrollery, Is laughing at a kind of JTOI. k ey k eke our nerotrynten do-not perceive. It. M.'s Yankee. ane from no Tremolo part of the confederacy ; and are evidently "Imps cap" at second hand,. wills two tine exceptions, of anich I then lineafor take Demur n o tice. But how erred a millet of Great Britain relish a charm-tee that shad moo upon the stage killed* with a ehantroek in his bat a %Whisk en ha hand , a leek in his bettun-hole, as a piece of toast ed; eLms and a tee-hertiog in his pocket; swearing alternate!, by le. Patriek,St. Andrew, St. David, and St. fieorge ; and speaking a gibberidt nude up of Scotch, Inch, and Welch, interspersed snit previneishilltd Cr chney phrases? Aelyet that is ellteirly what has been done by those who have letanapled le getting up brother Jonathans fee tie Etiglieh Rath. 'they have jembied evesy thing together, true and false— ell or weepier* of aU the dillerent people—and called the cur-. pads a Voters II almost every book of travels, play, novel, and story, if a New Kngrameier be introduced, he is generally node to do the mast sated thinge--fot a New Euglander ; things that ate hardly lees slated don it 1. for an Irialinien to wear a Scotch dress, talk Vettahlre, and area by St. David. The character of the Ammon seam genereLp le have been tnaoufactured at leisure, fran tht material* collected by other poople,en any way, at any tine. Thu., the dialogues of Me. Fearon—although there is a goat deal of truth in lus book, notwithstanding what the people of Antrim may say is the castor--are eridesitty node up from ury.hoeks and vocabularies. And the representations of 31r. are so hill of blundering, with two exceptions, thee had I PAK met him in America, I .hould, on team hie perform. ear, rally doubt if he had ever been there ; so little is there In his " Trip a America," of that ex traindinary truth and richness which rametrise his trips to other parts of the word. Ile bite stir maid rem to be swan of this, hems, be introduces, under me peon and imam three Imam" one friehnume one Bachman, ate •Ifeeleiltiremari, and se dry akar eareed-hand eideeeless.imabigh hated been eashraterL But this at, two Gee is the entertainment of Mr. Mathew,. The sooty it are — k Ben" is , i 11l relic —and the oktieli of the Kentuckian le ea cony. They are two of the meet legitimate ?nevi tit' sate[ humour la the maid, fro une that knows the A invitee charm:cwt. But then the first--lie story about " that are trade," is an Americas Joe Millar. Mr. Jarvis, a pus tear plantar' New krok—a man af remarkable power and drol lery—la the person of whom Mr. Mathews had it—as well as that or, pf Liesseal Jackeno. The Review is an old t tory in this meaty; sal the !hitch Judge is from Judge Breckenridge, originally owe of ?he moot "genuine" story-tillers den ever lived. !Nerdy re, Mr. Henry M. Breckenridge, a Judge of Louisiana, ad 'mar of the " Vetere of Lariats," inherits a large portion of his father's eatnicirdinary Went ; and has node this very story, 'tab he tells hotter tban llr. Mathews, as common in America, assay anecdote of roomer Sheridan is In this country. Neverthtless, the finest parts of the Kentuckian't character, and three which re the most severe, bertuse they are the truest, mar be safely put down to the credit of Mr. Ale.he ws himself- They aerie been drawn from life. _ . . ......-- - 71;;;nothiug can be truer or bidder, than the canting of the limuckisa about the" land of libcrty—wherr every man haa a• fi g ht wok his / route, sentiniei.t."—and where, thrrefire, lir hm mate •• tifty-ave duller. for that ere ukgee"--being de. tovoisisa h!furshand. if he should be cheated, to "take the ba leen mad his hale." Nothing can be more resolute and rutting 0 1 461... The .Intericans ileverie it; and I ant exceedingly olive Lkes if they would lint inisitviliately acknowledge the truth of It. it a common thing, in the (Mimi States, to hear a high.ripitit til or Carolinian, declaiming about libert7, as if he see levied, la the presence of Ins non slaves, a part of whom • Mee a. germitig resemblance to the white children of the same fa upon whom they are waiting, perhaps, at the time, in a state twi Is etr i 4 thetalmtaablerta uv ndritillberseert 1101111 lash-rte (rici „ 441CDOW.—Tig soma iihiala lour fed. b pi a ti rag o i ng pu3iattuienti—eail the •• 11.claratitn of bide. " oueritly teamed, hanging up i n f ront of h int—abide IP 'Mimic teeth—wherein it is proclaimed, to all the nations of kW—,bat, all mm are born free and equal l•' Ilan is to irtsggeratinn, therefore, in the character of the Kea. b pi boastful of liberty, and speimlatang, at the 11111110 time, in tla,_isiblif his fellowanea, with a hearties tint abominable indif. which I, tor one, cannot laugh, I , o:withstanding the dritat af t h e taeture; became I knew it to be true. le, a ward ar two of Brother Jonathan's •• linra." We laugh I' aim pronouncing genuine, as if it were wr t n genu-wine, "Wale( the fact, that the common penple of .I.qland very ge "ally ay apposite, giving the same sound to the vowel i ; and "L so pblu speakers, rehapt without to: exception, say hos vi hand. e *multi alien, at the abst.niity of the mi nswad te •• bid alight, sad hadn't ought," Phase, after aU, arc I of 61 1 Put Elfish, like • I had rathm,• bat in common um here, putgatuly moat l'oventey • arid interim analogy with every " 4 " nioltown• townie tl'e verb to owe can be found. s . Wr 1 1 " 4. • 1 •111 kr. " I grew," " cunsidecible," and " pretty r :‘,P 4 "' l li"--eitilookirg the fact, that guess is true old-tashicai. 4 ' , 4t. ke which " I - presume," •• I fancy," •• I imagine," 1 " • ." kc 11c. are awkward and feeble substitute.; that 7 ,,„ I.4 aaa" is oreamon through Kent; that " gum" in A me. I•an aril an absurdly as peaple say, hardly ever. at the end ptr ilinat ; and that •• pretty particularly damned," and all such K i ii; 4 ' l " 6 " 4 Y a sort of Yankee, or Kentucky huh language, so t ih"aughout thecoustry, that multitudes in every dine. 1,7",!"1:".ahly never heard, and would not understand it. It i t? am the *tango( sitiev.telltes. ~_trweler alai that the Yankees raver give • dia,ci. easier :: . ' lo , l illollll ff iy to one qiirstton, by answeritig ono: her ; that "slitet.eray 1100 01110 ; and that they sivisy• bi gin thci: answer g_""l'aPtilluoui word. 1 ;77 thele things, it should be rentiorkeil, are common to ewers g sak rb'e or barbarous. Put what ipsestion you will to a well. "ma" or wool. 1; and, whatever people may say tothe run. • ria will rarely get a direct answer; and never, unless they gervY " " amine, oas 11,11 direct an answer as might has been given. ish , II - h l lll 1... n. 2n, if you shall help him from a d J• esti whst will b e illl reply ? Will it he yes or 11111?-- 4,7, , ' :"1 1 1. be capabl e o f any grammatical interpretation , as i , " I thank yo u nitwit obliged to you," or w Me same sort ? lie. a Frenchman will my, •• • „ d "1: '"'eir, mossier. ;e rade" a ionnan, `• len donee Weep'," e "' , , ezking to avoid thnessof saying, directly, yes ak I•ithrnim the way is Si. PMl ' s, anti his reply still hes 4 4"..i's led hare s ante question to • Sone. frely rid! hegm with, " wet' T"ateompanied with a sP •mil. Of tune of shrewd interwagation. And so in ' , try people, particularly if tney are ria.!ileiiitt.. r"' a the country where a •tranger rerelr •eee -1,70--• "oi a.ir his m oney .. worth. If its sire interuzatiton, hat atfreustion roam. I ZOr t `l4*. take ahem altogether, the Americans talk a purer e s , 0 7 11 -- 'h toi a people. But then, there are not many .hits- Y ' "e , speak or write so g ee d an d p ure Eaglitat as 13111 i• Wr countrymen do. . t . 7; weesste too much. however: oaf siteskril at! fa sa,,`"srutausly correct. either in !imnge or pronciation,r ' 4O anthortty they will. Th e y pi tumour writerc are '4t cat ling and manufacturing wur , dis at pleasure and E 4" niqcs har e 1111/f1 than once iiii•Liken for mericsiilllll.B, 1141 '' Engtab that had hoes sauction-d by our r"rts (the woes anthoritr, by the say, in the world, borne', the poets are by inclination, habit, and neeesoity, the meet licentious la the tole of troMs), and omitted by Dr. Jonmon, or forgotten by our• selves. Thus They have quilled the Americans over and over again , _ for using the Tahiti improve (ea it hi the fashion to C 4,11 such bin.- thins:, in the erase of the words I. au. It sounda very oddly to OW ears. when we hear a New Englander talk about improving a Muse when he only lIICAII3 to occupy it. Rut the New Englander has • higher authority than is generally known for this—no lee. than that of AlezmitlYr Pope himself, who says, while speaking of a lady at a theatre, :lint- tt Note tan went •M•nproved away." Let us farther recollect, that stir spoken ',menage, and our writ. ten language, are two different thie.gs. fMe English, what written, ' is the same threw:hoot the whole Itritieli 'nitrite; but when spoken It varies at almost every furlong. In America it is not lbo. The vote language Is bath writtta and spoken, in the ulna way by the (1111 C I shall now run • Arm parallel hdween the Americans and the • English. We are an old maple. The Americans arc a new people. We value onnielres on our anct *try—nil what we have done ; they, on their posterity, and on what they mean to do. They look Is. the future. we to the toast. They are proud tit Englund as the home furefatheis I we of Anteater as the abiding place of , western Engliehnten. They are but of yesterday as a people. They are descended from these, whose burial places are yet to he seen: we frost those, whoa,: burial-places have been sueoemively invaded by t'•• Roman, Saxon, Dane, and Norman, u n til they are no longer to be thetitigumaed Mini the everlasting As a whole people. the Americans talk a better English than we but then, there ate many individuals &111011 g us who speak better English than any .iiiierican, notes, we except here sad there a wellwalueated New Englander, and a few eminent public speakers, !the the late 31r. Pinkticy, who wax Minister to this Cuurt, and • Mr. Wirt, the present AttonieyAirneral of the linseed States, who will probably succeed Mr. Rush in the same capacity; and then , there axe trithitude among us who *peak a better English than is e-mnion among die well-educated men of America, although they do nut speak die butt English, such as the few among us do. I hare heard a great deal said about the hAits of cleatilinet.s in , England and America; and I have annittitin-s laughed vtry heartily at the reciprocal inejudices of the English and AsurtiCan woolen. The Eitgludititan in time of a Roman; the Aim-ric e:: m ore of a (bock. its the phrsiognomy his face and mind ' • 1.4 ieniper and lin constitution. The Auereir.in is the waiver. theEng:ishinan the prouder man at the two The American a vulatile, adventurosia, ; talkative, and chiral a. The Englishman is tlmughtful., deter , mined, very heave, and a little stollen. The Et.gh.bmm has suttee cimeage, the American 11POIC spirit. The former would be biudr.ein defence, the letter in attack. A beaten Englishman ix formidable i still, a beaten Nitierican is good fix nothiag, tin a time i he countenance of the linllishmen is florid: not sharply, hutl !strongly masked ; and full of rotielitude, gravity, and breadth; that of an American has less breadth, less gravity, less amplitade, but more vivacity. anal a more lively character. The ezprceeion eat an Englislimsn's face is greater: that of the Aniericin, more intense. in the self.satisfied, honest, hearty, and rather pompous sorrel• sum of as E.glish face, you a ill find, when it is nut caricaturist. $ true indi atton of his character. Other people call him heastful, but he is not. lie only (hews, in every loot moo attitude, that he is an linglishman, one of that extraordinary people, who help to rook up an empire that never hod —has not, and never will ha% e • parallel upon earl h. Ilut then, he never tells other torts so, except in the way of a speech, or • patriotic newspaper assay. And no, in the keen, spirintl.sharp, intelligsnt, eariable tounte. nance of an American, you will find a correspondent iedication of •hat h.! is. lie is exceedingly vain, rash, and sensitive: lie ham nut a hl 4 her opinion of his country than t . .e Englishman i:a4 of los, but then he is less dist-tett—more talkative, and more !ire. sumptuous—leas assured of the superiority which 1:e cl.iisia for his country; more watchful and jealous, and, of Court!, nuom wa•pisb ■:.d quarrelsome—like diminutive men, who. if they pretend to be magnanimous, only make themselves ridiculous; and being aware of this, become the 'swat Itchy and pltVlbil creatures' an the amid. The Englishman sherra his high opir.ion of his country by silence; the American h,a by talking: one by his conduct, thy other bywords —one by arrogance, the other by superciliousticsa. The Englishman is generally • better, hearer, and a ntil.ltr. ninnies" fellow, than you might be led to believe from his appcur anye. The site dart Auti.ncan, on the contrary. induces you to believe him, generally, a better man than you will find him. But then, they are ao much alike ; or rather, there are indivi duals of both countries on like each other that 1 know many Ame ricans who would pass every where for Kiglishmea, and many Englishmen who would r ar at y where for Ante:icans. lu hart and head they are much snore alike than in appearance or manners. ... An Engllahman, alien abroad, la reserved, cautious, often quite insupportable, and when frank, hardly ever talkative: not very hasty, but a little iplarrelsome nevertheless: turbulent, and rather overhearing, partirularly upon the Continent. At home, ha is hospitable, trunk, generous.uverilowing with honesty 42. d cordiality, and given too son of aubstontial parade--a kind of uld•tashisnied family oatentation. But the American is quite the reverie. Abroad he is tolksuivc, 'inlay, imperious ; often ezesseively Impertinent, capricious, troublesome, either in Isis familiarity ur in his untimely nserve not qusrrelsoinc—but so hasty, neve:theism, that Iv_ is eternally hi to. water. At fume. he ri more reaervesk i r ar , with all his hospi tality, smi th given to OStelltatioo of a tort; substita sr— limy sod show. As Ausasiaoss is dually vomited, seilelsowswasolly rioted. Arr Eaghshmills in neither easily quieted nor easily excited. It is harder to move the latter, but ones in motors, it is Larder to stop him. f lr,a has more strength sad substance, the other more arin•itr and sport t one has Inure mind, more wisdom, more judgment. and more perseverance; the other more genius, more quickness of per. etption. more adventurousness. The Englishman's temper is more hsrdy and resolute, that of the American more intrepid and liwry. The former has more pittieni, snit timitude, the latter more ardour. The Engli.hmun is Hoer discouraged, though without MOO ITC'S the American is user without resources. but is uftog disheurtentol. Just so is it ISith , the lemale character. An American woman is more childish, more attractive, and more perishabie: the English woman is of a healthier mind, more dignified and more durable. The former is a flower, the latter a plant: one sheds perfume, the other sustenance. The Engl'ih woman is better titled for a friend, a counsellor, and compaaion— for the mother of many children, and fur the partnership of a lung life. But the American WOlllllll particularly dthe south, m better fitted fur love than counsel—Add-bearing soon destroys her. A few summers, and she appears to have been born a whale gene ration before her husband. An Englishwoman has more wisdom, an American more wit. One haa more good sense, the other more enthusiasm. Either would go to the scaffold aioh a beloved one ; but the female American would go there in a delirium, the English woman deliberately, like a nianyr. And so too is the .einerican to be distinguished front the Irish. man. The Irish are a gallant, warnidinincd, liesdlung licople; eloquent, feeling. hasty, and thoughtful; great deslcrs iu the super. tlitous. eio are the Americans. But then the feeling of the Irish, like their eloquence, is rich, riotous, and timid ; while that of the Americans is noire vehement, argumentative, sod concentrated. The declamation of the American is often solemn and affecting— often too dry fur endurance, generally too cold and chaste fur en thitsiasin, and sometimes e squisitely extravagant. The Irishman is a honying, careless, upen.hearted fellow, as likely to do wrong as right, in a moment of eaultntion. lint no thingain be more tiresome than the pleasantry of an .lincrican, when he feels disposed to be very fie:lions. There is nothin zof that voluble dnillar, that uninterrupted flow sentiment, fun, whi is, snit nonsense, in his talking, which we find in that of au Irishman at suet a nine. _ . The chivalry of on Irishman has • headlong fury fi it which is irresistible. It is partly constitutional, and often miraculous. But it differs about as tour.. from the chivalry of an Anierlcon, as that does from the deep constitutional, collected bravery of the Leglish. wan, or the profound strange fervour of the Scut. An American would make a dozen fortunes while a Scot was making one; but neon the American would often die a poor loon, over head and can in dabs—the Scot never. An American finds it harder to keep • Cottons, • Soot harder to anaemic. We undo-viand that Mr. Moder, who is about to sail for Mexico, has not yet received his final Meat-victims,. It is reported that Lord Baresford is about to return from Portu ga l ; that Sir W. A'Court is to succeed Sir Bd ward Thornton at Litton ; and that a new Minister will be appointed for Spain. Adviers from Bombay to the 22d of March state, that Coininnelore li►ant, in the Liffey frigate, with two ships of war, was to sail from Bombay in the early part of April for the Coromandel coast, to assist in the operations against the Burmese. The Asia, new it, launched at Bombay, was to sail for England in about ten days. By a letter received from the Island of Ascension, elated the :list of May, the garrison were all well, and Lieutenant Aitchison, of the Marine Artillery, who, on hearing of the late disastrous affair at Cape Coast, had handesmerly volunteered his services, was to sail that clay, with a detach ment of that corps, on hoard his Majesty's sloop Victor, ('sprain Scott, for Cape Coast. _ Letters have been received from our squadron off Al giers S ew Marseilles), dated the 4th ultimo. which state that all the bombs, mortar vowels, and the Lightning steam vessel, had arrived from England, and that preparations were making for an attack on Algiers. The Algerines ah !seared perfectly prepared. It was thought their batterit a ow der - oms were under the command of French renegade officers. The Naiad having heel% ekspatch, el from Algiers, to destroy an Algerit,e brig, lying hr the batteries of Bow, Capt. Spencer rest boots in fur that purpose on the night of the tt4th of May, and evtured and burnt her. There was not any individual on board. The batteries mounted 40 guns. _ The (~ w ire of Saturday sir —" The statement ultkli appeared in a ,Morning raper of yest , May, that I:svern silent had din 1 to mast• two Mins regiments a n d two rye:intents of Convict', as rtmforcements for Cape Coast Castle, is : we have authority fur stating, wht,,ly un founded." CißCrar. . • HERTFORDAHIRE AgAIZIN, Jutr 31. [SUMMARY AT EARL ClIWPk:1111. James Ilarris, James Cram, and James Th areass, alias Davis, *era inducted for burglariously breaking and entering the dwelling. +num of Joha Haines, at Hertingfordbury, in the night of the OM June last, am! %coding therein :`.l yowl:reigns. and various monks and securities, to the errourt of 'Acta.. the property of Peter Leo- Judd Levriv, F 73116,1 Saimati, Cheering Cowper. Earl Cowper. ithier county laid the property to belong to John Hakim. The trial of this important cam Was flied fur eight o'clock this morning, and excited very general *merest, from the amount of the robbery. the rank of the person robbed, and the darhug eircum. ounces under which the offence was committed. At an early hour 1 the Court wax crowded to camas._ Mr. hcrgeent l'Airt.T, Mr. Boccetro end Mt. PLATT, ann. ducted the pnroecutiee • and Mr. A amines. Mr. A not.rurta. Mr. 1 / 1 10111114:11g and ;Ir. LAW, the defence, which was conductid jorintly. , ..... Mr. , Sergeant Tsnne, in elating the ease for the pmsertetion, maid, that this was. perhspet, out of the mutt daring robberies of the kind within the nunnery of any living person. There was mama to think that six persons were concerned in it, but there was no doubt that five were actors en the occasioti. It seemed to have beer. a deep laid plan, and antesiged by a person conversant with the intrnial arrengements of She house in which the robbery was erected, as well all the lishitip of its inniaces. Who that person was had cot yet bum divulged; hut that there was such a pereon it was inipmhible to doubt, as roost be maid- , fast from the eiramtwatteee under which the robbery took lace. The ronitoal preereutor it this indictment was Mr.' John Illaittes, the iterated of Neel (*owner, who lived in a house, the property of hie Lordship, at Cole.meeti, near the Wan a 11,..nruid. Mr. Haines wee in the habit of receivierg his Lordship's rents. It had become known that on the Mil of June he had re. diced tourney to • very tousidetahie Mount; how this inform'. NM was circulated cuuld 1.0, at proem be ascertained. The yrisonere now on their trial woe mehles*Londom and probably uric slot pereonally acquainted se s of the country. It I was more likely. therefore, that Ott acquainted with Mr. 1 ilainee's usual habits and duties se ward r a was at the bottom of the plan. Money having been received on that Jay by Mr. 1 Haines to the amount of 1.114 W!. and upward' io cash, bills, and ' Beek-no:es, It ass deposited by his rite In a chest in their bed-rimin. That room it, situated at *e end of • long felseage , which runs through the house, ankles which the deoes (Sieved I ether mon men tie oprei, Mt. and Illie.Tlaioes retired to hed between 12 and o'clock on the night in questlini;_the other members of the family having gone to rest muds cfseliem tehowee clock was about twenty ' , Antares faster than the town oh( About the hour of ewe a melee was heard in the long presage alseady mentioned. The Ikea who heard it was Mr. Haim s'a son, • Ind Who slept haft room adjainiog his father's apartment. Upon hearing it he Mime-' diately got up, opened his balemen door, and saw five men in the passage with a lanthoen. Though hut • lad, he had the outage to coins out, when one of the men immediately eeised hint, and presenting a pistol at him, swore that if he did not retire into his room liemould blow his brain. out. Ile struggled with him; hut being ovensione he was. with the assistance of sonic of the other men, faced back, and thrown upon his bra, alien one of them heat him cruelly with a bludgeon. Having thus s:curwl the dm, they 1 I immediately pfoceeded to the bed-room of Mr. Haines. which they forced open with an iron bar. They demanded money. d o le endeavoured to erode the question. They seized hint with great via lerce, and struck hint repeatedly until he fell. One of them said, with an oath, 'i where is the motley ?" Ile said •'• what istooey ?" The men said, with en oath. " None of your nonsense; tell me where she runty is, or I'll blow your brains out." The 1 same mum proceeded immediately to the chest in the room. which he 1 broke open, and there they found a honey of upwirds of Wine:. which they select!. I)uring this time Mrs. Haines had rung the alarm bell fur aesietatice; and just as the robber. bad secured the money the door bell rang, Imo* which they took the alarm, and imme diately made their retreat. On their way they encountered three fuming tote, in the service of Earl Caliper, who being roused by the alarm-bell, conic to the house. A struggle, which occupied a considerable length of time, took place; blows were exchanged, but eventually the thieves got s leer off, after wounding their assail ants. It wneld appear that the thieves had, by means of a ladder, entered the house at a dressing-mom window, which communicated with the passage into which Mr. Ilaitiee's bed-morn opened. There Icing no doubt of the fact of the rubbery, the important question was, whether the prisoners now at the bar were any of the parties cor.cerned. Of that there would be as little doubt. Mr. tisanes, his wire, and their son, could speak positively to me or other of the prisoners. Young Haines would speak with certainty to the wan who presented the pistol at him; and Mr. and Mrs. Haines had abundant opportunity of seeing and marking the men, whilst they were in their bad-room. The prisoner, Oasis had, at the time of the robbery, a slight fresh wound on hie hand, which Will then bleeding. This man had opened is chest of drawer% ' in i which were some cambric hendkerchscfs, and In putting his h and in he stained .me of the hansikerchteti with his blood. When after. wards Apprehended, 1/avie had a fresh wound on hie right band. It would Ise proved, that shortly after the robbery, two carts, with two men in -each, ;mimed through Cole Omen turnpike.gste, ap parently in greet haste. The toll was eight-pence only ; but they gave the collector two sixpences, and pnweetlesi without the change. Nu doubt whatever would remain as to the identity of the prisoners, because other circumstances would 'hew that Mr. and Mrs. Haines could not be niistaken, making every allowance foe the alum and agitatthn which they must necessarily have experienced on such an occasion. It would be easy to Ince the notes and other snooty eremitic. which had been stolen. At resent, however,_ there was, no neneekn w Ofirosoy eetdence to eiser." - Iltreafur such evidence might he necessary. At merest it would he ssidcient to stew that the prisoners were the actual perpetrators of the crime. When the prisoners were apprehended, certainly no cart of the bemoony stolen was found upon them t and they wo u ld h a ve th e nefit of that circumstance if it would at all avail them, lithe Jury should be satisfied that all C.I. any of the prisoners were coo cen.eil in the robbery, they mutt act upon the evidence, and dia. charge their duty to the country tearlessly. The following witnesses were then called :-.• Mr. John Haines, jun. (a led of about fifteen, of very weak and sickly appearance), deposed, that on the night al the 11th June he went to beet about half-past ten; his chamber was next to his tether's. the dour of which opens into a long passage. liVas alarmed in the night, about one o'clock ; he heard a noise, arid at first thought it was his little brother, who we In a side bed 1 it was a noim like knocking. Ile sat up and buena, and at that MOMent his little brother knocked against the Weide board, which con. einced him that hie brother Mid niade the int noise, and therefore he laid down again. Ile was, however, immediately alarmed again by a noise like the opening of a door. lie then gut up, and stood (-eldest his own door to listen ; he heard sonic one coming up tie passage very gently. Ile then opened the door, went oat, and saw fru, or live non an the passage. (In going into the pasuP, one s.f their, put a pistol to his head, anet,strure he would blow his brains nut if he did not go hack into lot room ; and the others hallooed out u loud as they cutild. He then caught hold of the pistol, and tried to_ get it away 'loin the men. They had a strug gle tor the pistol. Time either men rushed in upon him and threw him me the Led. They struck at hint with a bludgeon. but it got entangled in the curtains and did not hurt him. Whilst in the paemee he saw loos father coaling to his own ned-room door, and one of the men said " Hush et the door." Ore of the men called out, " Arts," or " Davie." They then T 111.111.11 to his father's door, and pushed it. The door was forced. After they were in his father's room, be heard them threatening to shoot him. One of the' ' sun remained at witness's door, walking up and down the passage. Ileard the nun ask his father for money. They kept swearing that they would shoot his father if he did not tell them where the money was. ('an speak positively to the prisoner Davis ' • he is not so positive a to Green, bets is stamen certain he is one of the men. Knows Davis because he put the pion' to his head. The men had a light with them. Saw the light through the key-bole of his room door, berme they came to his doer. It was a hutthewn, and it at- reseed to be fastened at the button-hole of ale of the men. Four men had entered his room. Doris was one of the men who came in. Does not know who struck at hint when he was in bed. The clock in his tether's house was rather tuo fast shat night. Saw Davis again ; some time after in Hertford gaol ; he was in the yard smug tour. teen or fifteen other prime:era lie selected him himself from the edicts : he was not pointed ant by anybed • so Irithal.. In the crues-exatennation nothing came out. Mr. John Haines, father of tholes' witness, stated, that on the i nth of June he had receivod, an staward, en the Earl's account, isv,.;/. 13, lid. in (1-etts and cash and. bank-sous. There were about thirty-two sovetsigne, Aerosol al. rotas, MOMS 11W. notes, aud one liavk post bill for MIL This money Ise gave to Mrs. Haines, that she might deposit it in a placed' safety. lie and the family ; went to bed about half-past twelve. Ills clock was about twenty minutes faster then the clack at Hertford. He was awakened about me o'clock by Mrs. Haines. who asked him what that noise was? loonalietely upon that he heard a *remaining . in the pas.' sage, at the end of which his roan is situated. Ile jumped out of bed, aid went to the door and opened It, and saw tour or five men ' in the passage. It was a alum-light night. There was a light in the mileage, and also in his own room. The light in the passage I was that of a lanthorn. As soon an lie opened the door, he beard a man say, " Mal at the door." He closed the deer again, locked it,and bet himself against the door, so as to provost their forcing it if he could. They tried several times to forte the door, I mid eventually curried their olsject. In the mean time Airs.' Haines rang the alarm bell on the outsideof the house. Whilst the alarni.bell was ringing the men retreated back into the passage. The doer was nut forced at this tin.e. He then armed Willett( with the i,sher died tire shovel, and was going to open the dour to follow them ; lent he then heard them come beck to the dour. They tried to force it the some considerable tints. and at last they got k open. When the door was open, he struck the first man who entered with the poker on the head. The man staggered. He struck at him again, but the blow did no. take erect. He then struck at a titan on his left hand. Two more men then esose in. Ile continued striking at diem with the poker as they were driving him scrota the room. They knocked his head through the window, and the man who struck hitn caught him by the throe'. They had struck him , stiveral times in going across the room. When he fell two men fell i upon hint. lie received several blows whilst he was down. One of them held a pistol to I is heod, and ewers he would blow his' Muhl. mu if he offered to stir. One of them said " where is the' money ?" 1 Timms said " what money 1" The Irian said— ' - ('nose your nonsense—tell me where the money is, or I'll blow voile brains out directly." Thinks the man is the prisoner Harris. Tio. man again asked bins where the money was , and * re eve s gave him the same amour. The man continued to irmen him, and , withess told him it was dawn stairs. At thia moment he saw the saute nun force open the chest in which he kept the rent.meney, and no other. The chest was locked. Thera were smite of wit. nes:. chitties iii the chat ; and the man said—" Curse his soul, he Re es the money is down stairs: here it is." The man took hold era mickethook, in which ammo( the money was, and said, with an oath, " end man, that is not oil t where is the rut ?" The man then took me paper parcel, contain* about Llkteel. In the same Oat there *lea outset containing some anverTigra. Fsaw the man take, the sneerer, aril empty the money into Ins pocket. There term a , light in the Mom' bee* the candle burning In wltina's room. 1 When the money WAS taken, one of them said, with an own— ! "Now let's blind them." They said, `• (:unie, old man, turn over." He was then lying on lit. side on the door, whe re h e h a d remained after he had been knocked down. The) turned hint round on bin face, ant bola cord round his right aroi, and then round the Mowers of his left hand. Ile was then turn:4lo,er upon lila back. They then said, " !s'iiw, we'll blind the ' , ld woman." Witness could not then see his wife, the curtain; being damn all round except at tl.e foot, which was opposite the door. In the ii. station in which witness lay lie could not see the drawers where the handkerchief* were. 'fhey then left him, throwing the bed side carpet over him. One of them carne back again, and said with an oath, " I don't think yore have tied this fellow tight." He mid, "(:awe, old man, turn over. and let us see him you are." Ile turned him civet, and laid, with an oath, " lie hss got one of his trunclies loose." Ile then tserurcd witress's laud. The s ame man then said, " now, old man, we'll have a touch at the not. nen." Ile pulled his legs out sir/light, and wax prise, edii.g to tie dun', when the door-bell rang. and all the turn went directly out 'of the room. Ilad no epprstfitrity of seeing the countenance of the man who cause bark to !inn, the lights being Tait out. boon afterwards hi. bandages trete unloosed by Mrs. Haines. IV: then o ctit down and saw I :liatiman. the shepherd. lie wan lying under a large rho tree in the word, apparently in a wounded state. Has on doubt whatever of !fie Identity of Harris and Green. Has no doubt in his own mind at all. (been hail tome into the room with the first man. Harris wan the first 'ran he struck at. Harris and Green had come in togellet. (In the ertiming:of the Illth he ob served that a piece of glass had been taken nut of the dressing room window, and the fastening furred up, The piece of glass had been taktn out apparently with a diamond. The dressing-room communicate. with the passage. t:nisineearnined—The men had their hats on. From their enter ing the roods until he was knocked down, he was "Cnt,raged in a state of confusion and struggle. In aware how easy one man may be mistaken for another with his hat on ; at first said he thought Hants was one of them ; but has him doubt not that he is one of the men. It waajmit past one when he first heard the noise ; the men had entered at the dressing-room window. The real time of the night was about half-past twelve, but by his clock it was about one. ' -- re. Clara Gaines seated, that on the lt:h of June Lord Cow. gileitents had been paid to het husband. an d the money was given e her ; 4 day is appointed for paying the rents ' and generally the Econd Wednesday in the month is appointed ; her husband gave her I,BOW. and some odd pound* ; wog .tha n were Bark notes and sovereigns ; sh•• put them in a chest in her room ; one parcel was put up before dinner ; country bank notes and cheques and Nerve money were received atter dinre, and they were put into a pocket-book, and the torereigns, si/ver, and copper, were put in a same, and all P:.: into a chest • she was alarmed about a qua r te r atter one, when she scr-amed, ;nd 31r. hones and herself jumped out of bed t Mr. Haines went to the door, and she went to the window tiering the yard, and saw a person wanding in the yard ; there were three windows in the moon• and she went to the one op nowise the dear ; having seen the man in the yard she called to George and another man, Iwo 1411110,01C0, who slept over the 1 stable ; one of the men answered ; she then rung the alarm-belt, land while to ringing, three men entered her roan; one held a pis. too to her head ; mid told her it' she slid rot get ilro boil he would blow her brains nut ; she got into bed and heard them fighting with Mr. Baines ; they used very abusive language, and said they would kill hint if he slid not tell them where the money was ; when they first entered the room they asked when the money was : when she got into bed she did not lie down, but could see Irons the bot tom of the bed, and saw a tall mill open the two chcos.of dream; he had a lanthorn at the side of bin coat. In the deawers she hi some linen, and one contained KWIC cambric pocket handker chiefs. Having looked over the drawers, one of them asked her for the key of the (bet. She kept her keys in a small basket, and a short man tank the lamp and held her the light while she looked for it ; but the others, in she mean time, wrencinal open the chest ; she took pardeular notice of the man, the gave the key to, and is certain that Green is the man. Davis was the man who presented the pistol at her head ; the curtains of the bed were open at the bottom, and thrown back on her side, on that she could see what was going on at the bottom of the room and un her tide. Mr. Haines was on the other side of the curtain, which we dram',, and she was unable to see what was there going on. She aisio•ards examined the drawers, and found a drop of blood on two Li the handkerchiefs, which was quite fresh. Samuel Chapman stated, he wie Lord Cowper's shepherd. On the night of the oth June he was alarmed by the glans-bell at Mr. Haines' house, and on entering the yard he saw the two plough ' men ; he ran to the done and rang the bell, and going into the i garden, close to the house, saw lour men ; lie had a stick in his hand, and obserevir.g one running away front the house he an after him, and overtook him, when he turned round and flashed a pistol in his tee. It was so close, that had the pistol gone off it must have killed him. lie then struck at the man, and knocked biro down, but he got up and escaped from hint ; he pursued him about twenty or thiny yards and got hold of him, when two came up and beat him on disarms, and knocked hint down; two more shortly after came up, sod beat hint all over, and kept continually eying " kill him; " they beat him with large sticks, making several wounds on his bawl, and lying quiet on the ground front the beate• ing—cite of them hit hits a heavy blow, and said " curse him, he is dead." He is positive that Harris was the man who clone up when Ivied hold of the man, and 'truck hint. Heorge Venable' said, on the ath June he was in the teeth's of Lord Cowper as &ploughman ; on that night he was alarmed by' i his mistress baliadki fee than to get ap 4 /as onasessed lber. wed putting oa his clothe wad 1111110 /MO the stable and armed him. self with a fork, and clothe, went to the window of the room where Mr. Moines slept ; lie heard loud talking in the room ; then Chap man came up and rang the bell • hearing persons walking arrow the room, he opened the gate, and saw two me. , aims past the door. way ; one was a large man, and the other thinner ; he attruck at the least with his fork, but missed the blow ; the man then threw him down. mid the other struck him between the shoulders, when Harris said—" Now you have got the rascal down, kill hint." He thought they were the men who got hint ttown from their site. Benjamin Venable', the brother of the last witness, said, he comedown when alarmed by Mrs. Haines, and went over to the door-way of the house, where he saw four men ; one of the men ' collared his brother, and missing the blow with his fork, they both ' fell down. He ran to assist his brother. and struck a tall man with the side rave of a can over his head, but who knocked him down. Another man then came up and flashed a pistol at his head. It was dark; and lie should not know either of the men Again. Owego Avis, an °neer, produced some sticks and a crowbar which had been given to him by .Mr. Haines. A pistol and a hat vas al o produced, which were found on Mr. Haines's premises. Ile apprehended Harris and Davis at a coffee-shop in Chancery. late; Harris had his thumb bound up with a ribbon. Pye, the constable of l'hcshunt, said there were marks on the door cf Mr. Ilsines's room, which had been amorently maer by the crow bar. This closed the case on the pad of the pro secution. Mr. Justice Br anoucli then called upon the prisoners for their &fen' T. — lienis said nothing more, than that he was perfectly innocent of the cheege. Davis also said he was Innocent, and that he had witnesses to prove it.. Green said he was as Innocent as the child unblrn, and that per_ sons woulti come forward to prove that he was at As(ley's Theatre on the niOn of the 11th of June. Harris added, that with regard to his thumb, it had been hurt before it was said he was in the house, and that it had been tied up. Several witnesses were called for the defence, but their testimony WAX completely shaken by the cruse-examination. :11r. Justice l)u aster tin proceeded to sum up the ease for the Jury. lie read the whole of the evidence on both aides with gnat minuteness, and left them to consider the effect of the testimony adduced on the part of the prisoner Green, as contrasted with the, positive evidence of identity produced on the poet of the prows. tion. An alibi was the best possible defence, where it was genu. int; hut if net genuine, must have the most conclusive effect against the piny by whom it is set up. It was the peculiar pen. vines of ifs. Jury to decide upon the credit of the witnesses; and taking the whole case into their most serious consideration, they would discharge the important duty now entrusted to them with a doe regard to the interests of public ,jostice on the one hand, and Ibe perilous situation in which the prisoners were placed on the °them The Jury deliberated about ten minutes, and found all the pri.. smelt (:billy. The Learned Judge then proceeded, in the most solemn and im p/Mire manner, to palm the awful sentence of the law. 11 is Inord. ship told them that they must expect no mercy on this aide of the greys. Their critic was of too aggravated and outrageous a natue to east* the punishment of those laws which were made for the prow:lon oh society. lie therefore earnestly implored them to sub the most of the short time now left them for repemance, for most assuredly the law must take its course. CIVIL SIDE. WICIF.II I'. CLUTTICIIIII.CI, TALL. This wan an act inn for assault and false imprisonment. The de feedant pleuled Nut tiuilty. Mr. Annartirs with whom was Mr. CHITTY and Mr. AllMamas' suited the plaintiff's case to the Jury, and called moral witnesses, who stated in substance as follows: The plaintiff had been in business as a corn-dealer, but had re died from trade, and had fur some years lived upon his fortune at Bushy, in this county. The defendant was a J uglier of Peace, and a gentlenian of property and respeetebily residing at Watford, also is thin county. Near to the plaintiff's house, upon Aldenhani (des pion, there is a pond or reservoir 0: water, which is open and 1111Melosed, and in which the public lied for many years been used mangle, without any complaint being made, or any restraint laid yen them for enduing. The plaintiff, a ho was much attached to . lip sport of angling, had been for sonic years in the habit of assort_ ! i be to thin pond, for the purpose of pursuing his favourite amuse ment. and had never been interrupted in his sport. On the 18th ' of May. 1822, the plaintiff being engaged in his usual manner. 'standing upon the public bridge which crossed the pond, was ap. poached by two persons in a ore-hone chaise, one a butcher, named Ikakin. nephew of the gaoler at St. Alban's, and the other 1 a con-table of Watford, rained Henry Simmons. The latter got out of the cart, and peothicing a warrant, said to the plaintiff; „ Come. 11r. Wickes, you must go with tie; I hare • warrant to apprehend you, and I must 'runic...Hatt take pm belnre a klacis trate.' "A warrant to apprehend me, replied the plaintiff; " fur what ?" Simmons answered. " %Pity for fishing here." He then opened and read the warrant to the plaintiff. It was duly signed and sealed by the defendant, and was directed " to the constablo, of Bushy, and to Henry Simmons especially. stating; that complaint had been made that plaintiff had taken and destroyed, or attempted to take and destroy, the Ash is a pond or reservoir situate on Al. : Inborn Common. being the private property of the Hon. and nee. i Won. Ca 11, and oothovMng the persons therein naMed to• . apprehend the ;vitmin; and to carry hint before the ddeodans, to be dolt with accor di ng to law. This warrant was founitsd upon the Act Cr George 111. e. IL a. 2., which makes it an offence for any person to fish in any water tiniest In say en closed grtrinds, and being private property, and impenes upon offenders a fine of five pounds, or bnprisonment fee any period toot exceeding six months; bat both the warrant of apprehension and the warrant of atermihment omitted to state shnt the Pond in question was situate in any inclosed ground. The pkaiatiff having' examined the %anent, said he. supposed he must g with the constable, which he then convene. to do without any resistance. summons and Deakin then placed the teaintilf in the cart betwent them, at:d drove away from the spot.. They proceedei to Bushy. I and upon reaching the plaintiff's hunts , be requested permission to alight the a few ;satiates, in order to acquaint his the and faanjtif of his apprehension; but this was refused him. the gonstab* alleging that they must get CO li.l the Justice's as quick as possible. They then drove through Watitud, and to the house of the de fendant. Upon arriving there, and inquiring for the defendan t they were informed that he was not then at liberty, and a delay of halt' on hoar took place, after which tlikpartits were ushered into the juvticemeem, where they found the defendant, the :ion. and Rev. 31r. (*spell, Mr. Cowley, roe defendant's clerk, and • person rained Thomas Harrison. Mr. Capell and Harrison were exstraned on oath by the defendant, and their eternination taken down in writing by Mr. Cowley. The plaintiff pas then informed by Mr. CI utterbuck that he was convicted and fitted st. lie asked. " for what P" and was told that it was " for Wing in water he- ' longing to Mr. Capell.” Declining to _pry the -fine, a warrant of ettniniument was anode out , an d t h e pil:mit' was taken is a pa . n.: , chaise to the 11.Itillt of Canection, at St. Alban's,' and there left is i custody, with a message to the gaoler cram the defendant, desiring that the plaintiff might be allowed a bed, and any-linkable convent: en. e ; of which, however, the plaintiff did not think proper to inn Jti ttt aelf, declaring, that es he was sent to prison he would fare tits lather pri-otters did. The warrant orcommitment set out the emelt thin ot the plaintiff; as abase stated, and authorised his detentios in the House of Correction for the Mace of Seven days. As they segue going to St. Alban's, the plaintiff inked at the veinal of anis.- mitt:stern, and said, several times, " (Agee right a that's just i I wanted. This is wh: t I have been eying at for 1141114 tell I M make r. Capell remember troubling the about 6-hlog ' 1 constable. Simmons, had refused .to communicate with the • i till's errancy. but he held a conference with she atramay . a• !defendant. The plaintiff remained in the House et seven days ; he was twined iit • large airy lortyreent blirs . e• self t fie sax never out of the nom ;he Vad tgo bed ;el lasi offered hint, but he declined baling it 3 his food was be • I water *i • a pound and h a lf o f bread pee dak, and as much ee Ise ch os e. I t was given in to hi m by open !ng the do of as : there was net furniture in the room, e xc e p t a f arm , WU" , . • two blankets, and a rug ; th e bl an k et* Pere 60111 10 t of him ; the room was never cleaned out,,except fur the . . . rues of nature ; and no person had any intefeourie with tbp • ~.' tiff durinl the whole period of his imprisonthent. At the Lion of that penud the plaintifi' was divelierged. end the - forms having been complied with, pursuant to the Art ef„ _4(lolt 11. ' e. 44. the present action was brought. Tbe rely 'dahlia] ad dax:, on the part of the plainti ff , 'llia, hoverer. left pin nay great length, was to show that the pond or reservoir in not enclosed, and that the public had constantly exercised the ' • 10( fishing there, without any interrupul t from the tanned • the od, in IMO, down to the resent 7. ~...kZ• 'I his was the case on the part e d the plaintiff: . 1 . ses ,. Mr. Sergeant Tangy addrealled the Jury es Of tall Ifialof;* (cadent, contending that neither as regarded lier bur Imfaahhf MI. - Mr. Clutterhuck been guilty of any act Ithicil echtl i : li tknoCkllP character as a Magistrite. ar a s a m an : Ao JP .111 whin the int/mynas of Mr. Capell wes laid bed*, Whet, the defendant was bound to an; and, as a mew.ha creiel•srespecAng drir •• tiff were proved to be such as did honour to lye kart and It was quite clear dud the present action era . It lookedliell by the pla'ntiff; and hi s own d ec l ara tions pent Most eatialluillelMY fo r t that there was no real or benne cause of .etne and OM th e *hole business was made up by the plaint:Tin 1111:21airtell NUE %p m his attorney, for t h e purpose of taking mashy oat of dieVerdliel ii the defendant. The defendant had acted in the odor peal of hid duty, and without an, malice towards the planter end WPM• quently he could not be made liable in the,present It was also plain, upon th e pl a intiff's evident*, that the was si•uate in an enclosed ground, within the 'paining MI . Act of . Parliament, sod therefore the plaintiff he been legally' eind•pro• • It perly came victtd.and fined, and had been rc,;7 merciful! *hit • in belhg imprisonid for sena days only, lit.. . of vii Is default of paying the fiat. TMs evidence, ittem, ho . was not admissible in the present instanee, fbr la menial ki nd the rule of law was, th a t th e M ag istrate was tto cols, dgeftf the ied fact, whether the peod wee or wen not en ricloral lit t hilM he having decided that it wan, and having. itet'ellPOil O UTiftli lalt plaintiff, no evidence could be admitted to aqgutve elle pvti eg the Magistrate's decision, at least in stn sedan of Nee ea ment. The conviction of the plaintiff found the fin that the pawl' was an enclosed piece, and was private propehy, and illtember !be defendant was protected in what he hod done e and timpanist eitlea could not be maintained. Ile should rat th e etanlefiest le avhiselh. and then the defendant would be entitled to a tibillet,os lan ape the merits as upon the law of the case. • The conviction was then put In and read. It appeatsd la weals ;the fact alluded to by th e Learned Counsel. mid stated, Mot the.. pond was in an enclosed ground, and was the private reopllo - .1 1 - ' Mr. CapelL The infomiation was not put Y. . Al r. Abase,' us Mare lin.algnrak. * il It - *I -- '. - . Mr. "WOO 0111/IAN summit' tip t i a lli erste, o Of WUXI ' maintainable, and his Lordship left it to the Jinn , to say that dos. mtge. they would give under the circumstances. The Jury (four of whom were special) found their verdict fhe the plaintiff—flaunters, 3V. . The Assign finished this evening, • 31r. Baron Danny leaving, however, *bout eleven eissti. ll' remamcs, until the next assists, there eting no time to demote et,- ' more than ten cares. . ibr wit, the Jew, against whom the Grand Jur/ farad l bill air' receiving, knowing to have been stolen, this swergt, ahem from the house of Mr. Gordon. surrendered this dilemma. w take his trial at the next Mains, and therebre his rgoignimeces respited until the next Assizes. OXFORD CIRCUIT. OXFORD ASSIZES, FaiDAY, cßoirNCl/URT. _ [Befiwr Mr.Justire Poing MCRDER OF LORD CHURCHILL'S IJAMEItEEPM. IleNry l'illdway, aged 23 years. and FrWien June. aged were indicted for having, the 15th June last, wilfully and molicious/y shot at, and murdered, James Minks, a gums-keeper of Lord Churchill, at the have of Wychwoud, la the parialsof Hoary, in the same county. Mr. Justice Pan IL stated to the Jury that this case was likely to occupy a great portion of their time, he tberefort recommended them to retire for a quarter of an hour, sad site refreshment, be fore it commenced. ..... ........ The Jury thanked his Lordship, and having done so and re turned into Court, the prisoners were placed at the Dr. They , were both dressed in drab coats, light bat waistcoats, and cordu roy breeches. The younger prisoner appeared quite uttembarraseed, •the elder was a little agitated. I On the Jury being tmpannened, three of them were objected to on the part of the Crown, and they retired, and three others were called. The prisoners pleaded Not lissilsy. i Maps and plans 9f the place where the 'tinnier was perpetrated were produced by the Conned of the Crown ; they were very large, and nearly covered the Counsel table. Mr. Justice Pork, pre vious to the trial, examined them very 'irefully. Mr. TAUNTON, the King's Counsel, opened the proueution. He avid the prisoners stood changed aids the must serious offence sot which human laws could take cognizance. Before he laid the par ticulars of this ante charge before them, be warned then, against attending to any thing they had heard out of COUrf. It you prin. esple of law that penons accused should be convicted or acredit.A upon the fan. onl that were elicited on their trial. The prisoner. ' hod (aid before them the facts which he was matmeted his witnesses would s ted ou f l or d t h e pro vies w il ful l e m y ucirdnieldr of James j :e n t e o s t 3 i: i t i h n. e; tlein a64 l: en tha l :i that the unfortunate individual had been nointenaL It would be then their province to say if the prisoners at the bar. or either of them, had committed this murder; and if he should lay before them such evidence as mail leave no doubt on their • minds of the guilt of the primates, they would by their verdict pronounce them guilty. The deceased was seanionally employed as an assistant keeper In Wychwood Forest. On the liith ut June he wee Pound, by a person named Young, lying on the greend in the Forest. having been wounded by two balls shot from a gin. One of the halls slightly wounded him, and the other severely. in , one of hie thighs. Young was attracted to the spot by the moaning . ' of the deceased. end Inamedintely went to him, and got amistruce. It would be clearly proved that two balls were fired. He should also thew dist the tracks of the persona rho committed this murder were distinctly seen; mule m•persoos joined in this horrid deed, and only one fired the pieta, they were in law squally guilty. He should prove, that abort halt an hour before the gun was fired. the prieoners were seen together; that a short time before the &Trued passed by the house of Pittaway, and that Pittaway followed hint, ! and soon afterwards Pittaway and James were seen together in a l.otatue field, which they crossed, and passed into the Curet. through East-flthl gate. From this plot to the spot where the dee, esel was wounded was !I .3 yard., a distance that a person might walk in about twenty minutes. This waa about eight o'clock. In ten mi. nutes after a gust was fired by the brother of the deceased at a nib ' bit ; and it would be important for the Jury to pay every attention to the evidence of the person who tired this gun. In ten mi -1 nutes afterwards a second gun wen fired, the rerun of shich was louder than the former. This report was heard by Joarph M illin, hut he heard no cry or groan. lie promeded towards thr spot from whence he believed the report proceed.d, and saw the two Fri. sneer's in company. Ile had a conversation with s!•em. and James asked lung Who had fired ? Ile replied he had not. but he hood seem one else fire. James then salted Aim if he bait heard any err cry •• murder ?" he said he had not : and Jellies said, •• we were yowl ing by the milking-en le (WO vends front the spot where the d. ceased was shun, and heard a shot tired in liensgrove, sad heard any ef murder, and we thought it was the cry of your brothel...inn. If their account was true, they hail passed by the plare frost whence the err proceeded. The deceased's brother let them, and they walked away ; he however thought piper to watch their motions. and he saw them go to a gap, front which they task' have a • view of the deceased, who wa. lying in a dying state. His bro. thee went on, and found the deceased in the situation in which hr 01r. 'reunions had described. Ile was serried to Muth more lodge, and died in half an hour afterweada. In the • aurae of that evening. the prisoners were at the dit ear .Hiss nublic-house. There wear persons named Haw* emit, t ~~ If ~' i I (y . ' 44 II 1 . 1 • ? I • r , a 66 .1 a. II , I