The British Press; or, Morning Literary Advertiser. — London, England, 1825-08-04 00:00:00

11:1RFARE IN 1n1.4. • •--.....-- trtitAcT LETTZI rimier INDIA. (lamp at Dams?. November t 134. My dear Father, --We received your last letter while on our march from Kallaghee, to a place called Kittoor, where we 'rived on the 20th of October have the honour, th e pleasure, or any thing else you like to call it, of in atg you, that my dear brother, and your humble ser i:Dm:have been in out first action, and that we have come put alive, although I had the honour to receive two Lid o, one about an inch below my tight arm, which is not v et extracted, the other in my Tight hip. But I must give IlesciPtion of the unfortunate tattle:—(an the evening o tge I October, I received orders to repair forthwith to woos Fort with my brigade of guns; we were well d well ed with cannister, spherical, and round shot ; but bonne jgo on with dila, I !Mist give you an idea of the oar ed betwixt the Comprny and the Queen of Kit ieor. The old Rajah died without issue, but left several illegitimate children; the Company wanted to take possession of the treasury and the country; tle principal collector had put the Company's seal on e ighteen lam of rupees ; this they would not give up, and v ine quarrel ensued. They have a very strong fort, and a nauta.ooo armed wen ; but more of this anon. As 1 have said, about seven o'clock my brigade entered *area, when I was ordered to station myself with any gunt in front of the gate at which we had to enter. Matters quiet all night, and I slept wrapped up in my cloak In the wheel of any gun. though the rant was pouring in torpeat a, and the mud ankle deep ; but where could I go? I Was an European, and could not enter a native's house. The morning came, when any brother, with another bri o& o f guns, arrived to relieve us—but now comes the rub: the people refused to open the gates to us ; crur command 'nig officer, with the Collector, remonstrated without effect ; at length the people were told, that if they would not o pen the gates by nine o'clock, our guns should ; they held out, and at exactly ‘2.1 minutes past nine, the order was given to fire. A few rounds soon forced the gates; and now the fun commenced, the enemy firing in all di rections upon us from their loop-holes, &e. In about ten minutes after this our Commanding Officer, Captain Black, Lieutenant Dighton, with several others, rushed in to my assistance, sword in hand, when our brave Captain asked me if my guns were loided. I replied " Yes, with canister." " Well, then lay it for the palace, and fire.* I did so, and could plainly perceive the dreadful havoc caused by so well a directed and served artillery. I im pose 1 must have killed and wounded not Wm than 50 or 60 of the enemy, as . they happened to be in a cluster on tie top of the Palace. They tumbled off in all directions. Our noble Commander clapped his hands and said, "That is well done." At this moment Lieutenant Dighton fell c'ose by my side; the ball entered his heart, and lie died immediately. We were assisted by 100 infantry, sepoys. We continued firing, but our Commandant directed me to get my gun down to the gate, and have a ling at the enemy, who then lined the giacis ha vast num bars. I did so, but their superior numbers pre vaned, and we were compelled to retrt•at to mar ohl station. My brother, with his brigade, was inside, peppering away in tine style. Often during the action, when I saw the tree falling around me, deted and wounded, a start of hor ear would cross me as I reflected upon the chances against us. I thought of home too, but the idea of death never once entered my imagination ; we hail now pretty well geared the inside, when I was a second time directed to pee my gun at the gate ; before this .I had repeatedly tired my pistols, &c., and sent several of the rascals to tl eir long home ; but now came my turn ; I perceived a fellow making me his aim, when I raised my pistol to him, firal, and at that moment received a ball in my side, which felled ire to the ground. I thought it was fatal, and put me left Land to the place, but my jacket was flapping with tie blood ; I was removed to the place where the wounded lan, and had my two wounds (fcr I now found I bad suorher) bandaged. A few minutes after, our Command ing Officer (Capt. Black), was brought in severely wound ed, and laid down by me. We now found that further re 'Loaner was folly, and our Commander relunctanily gave orders for us to retreat ; but how was this to be effected ? To gn through the gates appeared almoat madness, as the enemy had lined these places as thick as pebbles on the sea shore. My brother, with his brigade, had already retreated to cur camp—delay was as dangerous as forcing our way out ' • at last the order was given to rush out, sword and pistol in hand—all hesitated, each dreading to be the first victim. I had by this time got up, and making a desperate effort. succeeded in getting near Captain Black : I forgot my wounds, for you know it was now life or death—a blank or prize ; our brave Captain at length set the example and ran through the midst of the enemy, who in vain took aim at him. I was the next ; you have beard of running the gauntlet, when a man runs through the ranks rid every one endeavours to hit him, but the faster he runs the less chance of receiving many blows—this is the only thing I can compare our retreat to ; and as the Tama's fired their match-locks at us, at every report I did thank God, that has not reached me. Many fell in this des petite and dreadful retreat; we had to run over dead men and horses, with these rascals at our heels; poor Capt. Back, from weakness, dropped into the rear, and I had the mortification to ire him cut down by three of the enemy ; the few that remained of us made the camp, • wanted our horses, and immediately came off to Darwar, thirty miles distance. I lost every thing I had in the world but what I stood up in ; may jacket and shirt were cut off! MY back, as I could not stand their being taken off in the mud way. Thui ended my first fight ; but when you consider the Company's force to be only 150,men, and the en.my's 5,060, you will not wander, and then add, that, one of our guns was rendered useless the night before, from the enemy having spiked it, and another rendered un s• rticeable during the action, thus actually leaving us only ta o guns greater part of the titne engaged.— Illy dear brother behaved in the most gallant manner that man could do ; he is the talk of every one here ; he twice saved his commanding officer's life ; he shot the man who attempted it, in the hack, then threw him off the ram patts,pulling off his turban and flinging it at him. lie charged the enemy, sword in hand, and in fact he (lid every thing that a young hero could effect. Lieutenant Sewell re erived a shot in the breast, of which he is since dead ; he bad a deuble barrelled piece, and while loading it said to my brother, now I'll have one of the rascals, and as he took his aim received the fatal bail. 1 am now doing well, one ball is out, but the other is too deep in to be ex tracted yet. The surgeon told me he never saw so for tunate an escape in his life—hail the bullet penetrated the 40,11 part of a grain more to the right, poor Pill Garlic would not now be writing to you. The ball took a cir cuitous direction after it touetted one of my ribs, and is now near the harktlone, but all will end well. A great force is now collecting, and it is intended to storm the place ; my brother is with the troop nt Belgautn, and I think will* take the field again, and thus come in for the prize money. I will write again 'hardy. 1 remain, &c. &c. the. COMBINATIONS. There appeirs little proOfriTof the seamen and ship awners of Sunderland soon having their dispute settled. — The chief, if not the only cause of their remaining hostility is, the claim thy sailors make of payment fur casting bal last, which their employers will not comply with. Whe ther this demand is well or ill founded, whether it is of long standing or of modern date, is immaterial. But the consequence of their refusing to etictere with the ship owacrs on any othcr terms than the payment for this bal tut is a Sc? iOll/1 inconvenience to a nutnerons body of the community. Between 400 and 400 seamen are wholly un crlp!eyed, and they, with all their families, seem to have na reliance for their subsistence except on the credit they can obtain from shopkeepers. Their benefactors may me tes receive what thelf have advance:l, and they must them selves now, and fur a considerable time to come, suffer se rious privations. We do not wish to sec the rights of any so of teen tramph d on, nor would we justify oppression wherever it exisied. But without imputing it in this case, it nu: lamentable to see so many ',mons thus warring aerast their own interests, thus wasting their means of subsistence, because they cannot obtain an allowance, trifliag and contemptible, whether it is their due or not ? Th..: shipowners, during this infatuation, have got men from other quarters, and it seems not improbable the na tives msv be thus driven to other places to seek employ malt and a Lome. — Tyne lttercuyy. On Tuesday evening Mr. Warren. the King's messen- Vr. left torrn with tieTateh-s for our Ambassador at Ma drid. )1O)I SUSSEX ASSIZES, I.t*Es, Auausr 2. Before the Lord Chief Ju.tiee BF.IT. Slephe• Church was indicted for felortiouttly setting on Are too hay-ricks. the property oft/mete Band/11, at Ileyshot, in the night of the 13th July. Mr. LAW conducted the 'Prosecution, and Mr. ADOLTIII3 the defence. A case of great suspicion wet opined and proved against the prisoner. Ir appeared that he wall soil of a small farmer in the prosecutor's n.ighbourh.sul. In the night time of the 13th of July, two ricks of hay belonging to tl.e prosecutor Mete consumed by lire. The prisoner had been seen going in a direction towards the ricks at three o'clock in the morning with a hunch, anti almost immediately afterwards the conflagration took place. As evidence of his malice towards the prosecutor. it was proved thee he had *caused a boy to take the linchpins from the wheels of his loaded waggon for the purpose of its being upset when put in motion.' Shortly before the lire broke nut. he had also foretold the event, and when it happened, he declined using any exertions in ex -, tineuishing the flames. The Jury, under the Learned Judge's directions, found the prisoner Xot Sarah Little, • married woman, was indicted for the wilful murder of her male infant child, at Pulborough, on the 14th May last. Mr. A NORM wS conducted the proiecution, and Mr. Anourtira the defence. ' It appeared that the prisoner was servant in the family ors printer at Worhing. Being in the family way, she received notice to quit her place, and her mistr e ss ki n dly lent her some baby-linen for her confinement, which was intended to tyke place at the house of a re:ation. On the day mentioned in the indictment the prisoner became • mother, in • field near Billinghurst, after having left • house In l'ulhorough, where she had taken lodgings. On return ing to her lotigisp, her landlady observing the alteration in her appearance, and that she was extremely ill, asked her what had be come of her child. At tint she denied that she had had any child, but, upon being pressed more homely, she said that in getting over a stile the pains of parturition came on. and that the infant haring fallen on the ground, it was killed on the spot. and she had buried it In a ditch. In consequence of her description of the place. the child was afterwards found, covered up in a ditch with mud. The child's head was fractured, and some of the mud appeared to have found its way into the windpipe, as far an the cells of the lungs. The surgeons examined gave it as their opinion that the child's death might hare been occasioned in the manner stated by tile mo. thee, and that supposing the child in be apparently dead from the fall, it might hare sufficient lite to imbibe by convulsive respira tion the liquid mud found in the windpipe and lungs. After an able summing up of the case by the Learned Judge, the Jury found the prisoner Not GtePty. NORFOLK CIRCUIT. NORWICIT—COUNTY COURT, Mornay, Ava 1. Before the Lon• CHIEF .711:9TICE. BOVIEF.II V. BITVEWEILL. This , was an action of treepau for an injury sustained by the plaintiff Irvin the negligent driving of the defendant, through which the plaintiff ;oat a hone of 40 guineas indite. Mr. Rom xsow, in stating the plaintiff's Case, remarked. that in order to justify the Jury to find a verdict for the plaintiff, it was unnecessary firs, them to decide that his conduct had been the runic of malice or any unworthy feeling. Indeed he was not instructed to attribute the loss fur which he "might reparation to any other , circumstance than mere ;occident. However. it was well undentood that there wart a law of the road, and that law was well known, and its vinlation. whenever through such a breach accident emu, An punished. The Jury would hear the facts of the case, and then judge whwthei in this case Cie plaintiff had not a right to complain of the defendant's negligence, and if so, to what damages he sou entitled for the hats he had sustained. It noneared from the evidence of a gentleman, who, with the plaintiff; was riling from Sealant to Lynn, that, as they were proceedirg along at " a fairish pace." he saw at a distance of he. tween 4 and ADO yards lights attached to a gig. The gig was pretty nearly in the centre of the road. He called oat before he came up to the driver of the gig to keep at one side, and the gig was moved aceordirfa to his suggestion. The reflexion of the lights prevented hint from seeing for some time. lie saw no other gig, but the plaintiff called out to him, and he saw a pony Icing on the ground. and the plaintiff's horse thrown nearly into the ditch. The plaintiff was then on the right side of the road. When the horse stopped there was a large hole in his chest. Cross-examined by Mr. STORIES—They were going at eight or nine miles an hour. Will swear it was not at ten. Was not a little elevated either through the influence of bottled patter or the high price of corn. They rode on, notwithstanding the accident, two miles fun her to Lynn. Curl was then called. who had accompanied the defendant on the night in question. He stated that the defendant was on the right side of the road. when the nlaintiff road against him. Crose.examined—The plaintiffrnde over* heap of atones. The road was about 24 feet wide. I will swear that the plaintiff in my judgment was riding at rite rate of ten minutes an hour. Re-examined—There were baps of stones at both sides of the road. When you say 24 feet, do you mean including the gravel ? The CHIEF-JUSTICE—The other where. hunted twenty. three —he has given you a foot more. Is it worth while, Mr. Robinson, to waste the tine of the Court by such inquiries ? Another witness proved that there was blood on the left hand side of the road. A veterinary surgeon proved that the horse died—he was worth 40 guineas, anti his bill was 11. 124. .4r. Salmon proved that the plaintiff was sober when he set out front Swaffbain. 3lr. STotixs, on the part of the defendant, ridiculed with consi derable effect the positions sat gravely put forward ; that it did not matter what had been the plaintiff's conduct provtded this accident occurred. The ',earned Gentleman proceeded to comment upnrs the teatimony of the witnesses and " the law of the road" as laid down by the high authority to which he was opposed, and con. traded that. under all the circumstances, there must be a verdict for . the defendant. The (litter JttsvlCE summed up the evidence. and the Jury found a verdict fin the plaintiff'—Damages One Shilling. This action was nu e; en t o . w if . rros . brought hi' the plaintiff, who was lately overseer of the pariah of Suntan Morley, against the defendant, a shop ! keeper of the sante pariah, for compensation in damages for rertain I delantatoey expressions need by hint concerning the plaintiff in his ' character of overseer. The special damage laid was ten pounds, the amount of the yearly allowance made to the overseer, who lost his appointment in consequence of the defamation. Plea, the gene ral issue, upon which tune wis joined. From the testimony of the plaintiff's witnesses, it appeared that at a parish meeting held in March last for the purpose of electing overseers for the next year, the defendant said that " Turner (meaning the plaintiff') had etnployeel men to work in his garden, and paid them out of the money of the parish and lie could prove it." In consequence of which the plaintiff lost his situation as overseer. There were other expressions of a similar tendency at. tributes' to the plaintiff, but he had never proceeded to establish' these charges against the defendant. On the defendant's part it was contended, that the words were I not spoken of but to the plaintiffat a parish meets,. It was also , proved that the p'aintiff took up the parish books and carried them away whin he perceived t h at the effect of the defendant'sl statement was to require an examitiatton of them. It was also i contended that the monis were not spoken of the plaintiff in his capacity of ()veneer, but of surveyor, he holding both appoint.' ments at the time. This, however, failed, as no juetificatton aas pleaded ; and the Jury returned a verdict tot WI. the amount of , the special damage laid in the declaration. CROWN COURT. Before the LORD CHIEF' Remote. Tkorruss St :mann! stood indicted, for that he on the 21st June last, at the parish of Scoulton, feloniously, did steel, take, and carry away live pigs, the property of Joseph Lane, clerk. John Chesnut said, I know the prisoner. I met him in company with two persons, Crown and Norgate. They were walking along the road in the direction of Seoul:on. The prisoner lived at that time at Lealtinn. The road where I met him, was that from Leaham to Scoulton. 'flumes Preston knew the prisoner. This day six weeks, he net him in the company with Crowe and Norgate„ near Senulton. I asked him what they were about. They said looking for hoeing. 1 John Browne said, he knew the prisoner ; met him going to . Little Effingham, and two persons were with hint, whom lie does not know. It was about a furlong from )Ir. Lane's, the clergyman. They asked me t h e way to Rockland. The Rev. Joseph Lane, the prosecutor, said, that in the after, naon of June 21, saw three men leaning :on a gate, near his premises. They went then in the direction of !Attie Effingham. Wm. Whyett way in the service of Mr. bane. His master lost five pigs on the night of the 21st—he traced their footsteps some way in the road. Ile found One on Thomas Norgate's premises, and two on Crowe'a. None on the prisoner's. There was much evidence to the same effect, bet the CHIEF BARON thought that it so ,slightly affected the prisoner, that he directed an acpittal. Joseph Pavia: was indicted for stealing a sheep, the property of Mn. Brumley. It appeared from the evidence that the prisoner was met in the Mad by a Mr. Semen, with the sheep in a ditch. ' It turned out upon cross-examination, that the night was moon- NOE and that Mr. Semen knew the prisoner from his having been it his employment at various times. For the defence, Henry Bennett was called, who grated that me Saturday night, when the charge of robbery wale made, he was 1. dos Cross Keys, at Walpole. with the prisoner. They were drinking Swan twelve in the day till eight at night. The prisoner was fresh, sad he went to get another pint of beer; he was very drunk, an be left Payne at halt'-past teu, at his own house. Payne went WM lila own house. Crass.examined—llis houses is about a mile end a half from 3101. 13,01,110Y'llgrotind. The prisoner's son proved that he too had been drinking at • public-house. and he was not fresh. When he got home It Wile half-pant twelve, and his father was lying on the bed in his clothe% 'latex Mated. The Learned Junor summed up the evidence, and tbeJueg found t h at prisoner Guilty. Sentence .if deit:i was recorded, the Cum' BARON' 01 , that the prisoner's defence greatly aggravated his ciente :" m a ll. though the sentence of dumb would nut be carried into execetion, he must prepare himself for a eel long absence fretti this cauntry. MIDLAND CIRCUIT. ftICESTEIt ASSIZES, LEICISiEI, AUG. I. These Assizes eommencecV this morning, Mr. Justice Hot.- gnarl) prodding at Nisi Priors, and dlr. Justice PARK sitting in the Criminal Court. CRIMINAL. SIDE. the attendance of Gentlemen of the Grand Jury was parti colgtly great. The usual number having been sworn in, SirsJuatiee Pans, in delivering his charge, observed that the calendar did not contain either many or any heavy crimes ; there Were, hOwever, two or three which required his particular notice. Ile alluded to the eases of three men who had been coramincii on very peculiar grounds ; he meant Edward Higgs, Joseph Sherratt, and John al ills.arhe distance of thus when these men were com mitted after the cotemission of their supposed offences was parti cularly reinarkab:e. Sheeran was committed on the 25th of lase month upon the simpleton of stealing an ass, at a period so long previous that it was hardly reasonable to expect the prisoner (o be able to gives astisfactory aceottnt of the manner by which he be came possessed of the animal, alt the nature of the charge would principally depend upon a • statement. As to John Mills, is committal took plain nnlsr snore singular circumstances than ;hat of Sheeran. The posseedfie, It appeared, four or live years ago lost some harness, mad haMegt men the prisoner's hone and cart, he thought the lannesteethigklee prisoner's horse had on WAS that which had been stolen bait MI, and upon this lie had the prisoner apprehended. Such a ems se this required on the part of the Grand Jury the exercise of strict attention and care, that there should at least appear some probable ground of charge before the prisoner should the put upon his trial. The case of Iliggs was no otherwise remarkable than that the offence of which he stood charged was committed so far back as the 13th April 1823. In all eases where such a lapse of time intervened between the commission of the offence and the apprehension of the person charged, it behoved the Grand Jury to inquire, and ascertain if possible the cause of such a circumstance ; as it was desirable that all delays in bringing offenders to justice should be satisfactorily accounted for. There was one case which required the moat ac tions attention of the Grand Jury—it was that of Sir Willoughby W. Dixie, who had been committed to gaol upon the charge of shooting at the Rev. Thos. Wright and the Rev. C. Wright. There were two acts of Parliament having reference to cases of this description, the act of Geo. I. commonly called theßlack Art, and ! the one passed in his late Majesty's reign, anti which, from the tie cumstance of Ate being brought into Parliament by the late Lord Ellenborough, was generally called lord Ellenborough's act. Ile (Mr. Justice Park) did not know under which of these two acts it was intended to prefer the present badicm.ent. The penalty im posed by the latteract Was that of disk ein such persons as should maliciously shoot at others, with an intent to do one of four things ! —to murder, to disable, to inflict 'ins se grievous bodily harm, or to prevent the 'Awful apprehension of the person. Should the evidence go to make out either of these Intentions on the part of the prisoner, then the Grand Jury would feel it their duty to put him on his trial. The conduct on the part of the persons with whom the depo sitions which hail been taken in this ease, were left, gave occasion for very serious complaint. The necessity for the Judge, before whom prisoners were to be tried, to be furnished with eopies of the depositions on which the commitmentx were made, must be so ob. sious as en need no observation from him (tilt. Justice P). It often happened that certain circumstances arising out of the depositions, made it absolutely necessary for the Judge, in his charge to the Grand Jury, to advert to and expound points of law, which it was nest to be supposed Gentlemen, whose avocations did not demand of them a close applicatiin to the law as a profession, could be suffi ciently conversant with. Rut this it was impossible for the Judge to do, unless he were previously furnished with a copy of the depo. eitions themselves. In the present case, it happened, that until 9 o'clock of the present morning, he had not seen one of the depo sitions taken before the Magistrate who committed the prisoner. In so short a space of time, it was impossible for him to be sot?. ciently acquainted with the facts, so as to enable hint topmeak with certainty upon them. If, however, he were correctly informed, the circumstances were such as involved some difficulty to unravel. It was highly requisite that the depo. *Woos in all cases of a criminal nature should be furnished to the clerk of the arraigns; but they had been withheld both from him and from the Judge, although he understood they had been fur. flighted to the attorneys of the prosecutor and of the ptiaoner. This was a procedure highly censurable, and indeed amounted to a amities offence, for it was a very wise rule of law, that the Counsel of neither party should be allowed to have or see the depositions, as the publication of them might work a prejudice and thereby thwart that justice, which it was the constant object of the law to administer between party and party. It was in conthrmity with the opinions of many of his eminent predecessors, when he de clared, that in his judgment, the premature publication of the nets deposed to before a Magistrate, was calculated to do infinite mis chief; but the injury was considerably aggravated, when the pub. Ideation was made exclusively to the parties concerned in the trial. if the prisoner should be indicted under Lord Ellenborough's Act, then the (irand Jury would inquire, first, whether the shot WAS fired in the direction in which the prosecutors were, and if any dif ficulties presented themselves to their militia, it would be better for them to find the bill, leaving it to another party to ascertain anti determine how far the act was intentional to injure or otherwise. It upon the facts, he as judge should be of opinion that, if death had ensued, the crime would have amounted only to manslau g hter, then by virtue of the same Act of Parliament, he should be corn. pelted to direct the acquittal of the prisoner; but if the facts did not lead to such an opinion, then it would rest entirely with the Petty Jury to determine, whether the prisoner was actuated by a guilty intention or not. Joseph Sherrill, aged 38. was indicted for having stolen, on 10:h September 1821, an ass, the property (done Daniel Cooper. D. Cooper deposed to his having lost an ass from Langley Com mon on the 10th September lax; 10at ke had traced it into the. possession of a man named Tucker, who said he bought it of two gi psies. Joseph Tucker stated, that on Monday last the preceding witness took the ass from hint. Witness bought it of a person named terfield for 455. . . _ . Richard ‘Vaterfield said he sold the ass to the last a itness. !le obtained it from bus sou. _ . . - • 1. Il'aterfield deposed to his taking the ass of the prisoner in ex change for a pony. The pristmcr had had the ass in his posses sion some time. . . . . . ..... It was proved by another witness that the prisoner was sccn near Langley Comtnon about the time of the robliery. The priponcv complained that owing to the lapse of time dace the alleged commission of the ofl:•nce. the person who could have proved the manner in which he became possessed of the ass had died. The Learned Judge, in summing up, observed on the unreason. ableneri of expecting persons to give an account of their possession after such a lapse of time. The Jury ..4.laWed the risnnee. CIVIL SIDE. 1 Before 9Ir . :J - 11;1k; -do—LT{OTO. BENNETT V. JOIINSO:si. This was an action of trespass on the case. The declaration charged the defendant with having entered the plaintiff'. close, and there shot at and very grievously wounded his dog. The de fendant pleaded first the general issue, he also alleged that the dog was of a terocioas and savage nature, accustomed to bite all man kind, and that he shot at him in his own defence, as the dog could not be prevented from doing him an injury. To this the plaintiff replied that the defendant was at the time a wrong doer, and upon these pleas issues were joined. %lr. Sergeant V*vc.iaw stated the case to the Jury. The present action was brought in behalf of one who, though he could not plead his own cause in words, possessed an eloquence that most ' powerfully appealed to the human heart, and would, he had every confident hope, succeed to-day in gaining redress for one of the most cruel and aggravated attacks that ever had been inflicted on an 1 inoffensive brute. This appeal, however, had been ineffectually made to the defendant, whose rougher nature knew not how to interpret the silent appeal of as noble, though perhaps, not so reasoning an animal as himself'. The injury he had done to his client, tar lie (dlr. Sergeant Vaughan) had this day to ralvocate rather the cause of the ill-used animal than that of his master, was most wanton and malicious, and could only spring from a very strong feeling of resentment, either against the plaintiff' or his dog. Mr. Bennett was a gentleman of considerable property residing at Thurnby Lodge, about four miles from this town. The de fendant was a person of similar station of life in his neighbour ; hood. The plaintiff". premises stood in a lonely and retired alma tion, and fur the better protection of his property, he kept a tine Newfoundland dog, which was an animal of much real value, and which plaintiff' estimated very highly. It would seem thatjlor same reason or other the defendant had conceived an antipathy to this poor brute, who in his nature was not only familiar, but quite' I harmless. So dm s: was this feeling on the part of the defendant, that he appeared to have entertained a secret determination to kill bin). In pursuance of this design, hr, on the 4th of May last. was seen lurking about the plaintiff's premises with a gun, and was otlen noticed directing his particular attention to that part of the yard where the dog was usually kept. There did not appear to be any assignable motive for the defendant being in that pzaticci lar spot with such a weapon, and therefore dic presumption vas not too violent to suppose that his object was to injure the plain. tiff by doing harm to his dog. The close where the defendant was seen, belonged to a Al r.North.and adjoined Ibe plaintiff's property. After remaining about some time.lie succeeded in provoking a small spaniel, whose barking roused the Newfoundland dog, who jumped over the wall into the field, and ran towards the defendant. Ilia manner, however, was perfectly inoffensive, but as heapproerhed the defendant shot him in the breast. The dog survived the in jury, but his health was much impaired, and his courage was en. .irelv destroyed. Having thus stated to the Jury the short history of this outrage, he would put it to them whether so unprovoked an aggression upon a favourite and inoffensive animal did not cull for severe damages ? The dog was a specks of animal that was sus ceptible of the gentlest qualities. His good humour and attach ment to man was well known, and his utility could not be too highly appreciated. Ile would nor. however, trouble them with repeating all the testimonials of bis kindly disposition and mild nature which the attorney had tut out in Ms tNIr. S. Vaughan's) brief, but would content himself with one quotation from sin ele gant and scientific writer, who sanl of them " they are animals possessing a remarkably benevolent countenance, and 1 never saw one that I did not wish to get acquainted with." The mode which the defendant had adopted of becoming acquainted with the plain. titre dog reflected no great credit on his knoWledge of natural his., tory, and was disgraceful to his humanity. Thy Learned Sergeant then urged upon the Jury to give compensation in damages in pro. portion to the injury sustained, Miss Harriet Bennett examined.—l am the plaintiff's daughter My father's house is at Thornsbv Lodge, a lone house, situate 'about four miles front Leicester. I know the defendant, 11 ho lives about half a mile front Thornsby. I remember seeing hint on the 4th of May in the afternoon walklgg in Mr. North's-close, which is edjeining to my father's court. The hid a gun on his sliouLler, 'Ma seemed lobe lufking abdut the peen Ism. He saw me, but did not speak. Presently alter 1 heard a spaniel dog bark, and Vim roused my father's Nedfoundfand dog, Who i ' - - - O'er the wall, and nut towards 31r. Joh,son. I endeavoured to get hins stray, but before I milk aht discharged his gun at him. As soon as lea barking. Upon being 'mended he turned back Over the wall. I have known the dogsinte toy father has had him, which is six years. He is a large white and brown dog, and of a remarkably good and quiet temper. I never heard of his injuring any body. The defendant did not speak to ale, although he knew Me very well. 'I he dog did not artemht to fly at him, butt stood looking at him and scratching the ground with his paw. There's no ildblic road through the chyle where tne defehdant was. erfiss.examined by Mr. Dcwstax.—Ar. North, the owner of e close, was with the defendant at the time. Ido not know that the defendant had been shooting rooks. The dog was within a Rut of the defendant when he fired 5t him. The defendant did not put the gun to Ida shoulder. I did not observe that he tried to beat the dog of with the muzzle before he fired. I never heard of the dog's a °frying theep. I never heard that he had attacked the de fondant before. Re-examinttl...:.There were no rooks about thit the derendant mad shoot ar. The defendant did not stay long, but looked Igarnestly into the yird. Elizabeth Bradsha*, teritant of the plaintiff, corroborated the dloadmiony of the last witness. I have known the dog three.querter. 'e 3 r, and a quieter poor brute never was seen. The wound inasW. , on hint was a dreadful one. it was under the breast. The dog hid a great deal. Some time after I saw the defendant, and aid to him, " You'll catch it, my Lord."--( Much laughter.) Mr. Sergeant VAVGIIAS-.-Your meaning was, I suppose, that he would catch it to-day from my Lord at the Assizes. Mr. Justice Hot-noels—What does the witness say, brother Vaughan ? .. Mr. Sergeant VAVORAW—" That you'll catch it, my Lord"— hot of course meaning that your Lordship would catch it, hut that the defendant should catch it of your Lordship. (Laughter.) • Witness--Defendant said, " I don't care *hat I catch, I don't are a d—n for nobody. I believe Mr. Johnson had seen the dog before when he might have hugged him a little round the shoulders, but bless you that's nothing. I have had his paws on my shoulders many a time, aye, and round ray neck too. (A laugh.) lie was a little bit fond of play or an, hut not a bit savage nor ferocious—not a bit. bless you. Ile never bit mankind nor womankind in his life. The defendant came a few days after, and said, • Wilt the dog meddle with me now 1' 1 slid So, if you'll speak to him he'll do you no harm." Cross-examined by Mr. Ditxmas—The dog is now quite rams vered, hut quite dull to what he was. I don't mean to say heist leas quiet, because that he could rot be, butt he is not so frisk, (A laugh.) The dog knows. me well, and would not injure me. The defendant seemed very much alarmed, and swore very much., I cannot say that his fears were unnatural. I was myself angry to see the dog run at him, but did not think the ease so bad an to re quire me to interfere. He barked loudly in jumping over the wall. I do believe he would have turned back smaller but for seeing the gun ; the sight of that fixed him to the spot. Re-examined—This jumping on people's shoulders is a custom with large dogs in the country. Mr. Justice 1101.110 YD—A custom more honoured in the breach than the observance, I must say, brother Vaughan. Can you de. fend this leaping of great over-grown brutes upon people's shoulders 1 Suppose lie had played this prank upon the shoulders of a lady? Mr. Sergeant Vat CHAN denied that the evi&nce went to show the dog to he of a ferocious and savage nature, which was the de fandint's plea. Mr. Justice HOLROYD—I am, however, clearly of opinion. hum your own evidence, that lie was an animal which the plaintiff was hound to take care of. Witness--Beggars are in the habit of frequenting my master's house, but I never limed of the dog injuring any one. Daniel Bradshaw examined—About three weeks after the dog was shot the defendant asked me if my master's dog was dead. I said no. He replied, " What, then, I must come to shoot him again, must I?" I have known the dog two years, he always ap peared to be a civil dog; I never heard of his being rude or uncivil to any person. (A laugh.) Wm. Alkin—l do not come from Newfoundland, albeit I know something of that country's breeding in the dog line. I am la farrier by profession, hut 1 occasionally try my art in curing of the canine species. I have seen and know well the dog of the plaintiff; I remember his being wounded, and I attended hint in his ill ness. (A laugh.) The wound was a serious one; some shots en tered the breast and lodged in the belly. The wound was full three inches wide, and 1 extracted from it 43 grains of shut. The dog was appareutly a good-tempered brute. Ile is not now what he used to be. Mr. DEerltaN—" Non sum quails cram." Mr. Sergeant Vat GHAN—Nor our pu2py is not so eru lite. (Laugh ter). Witnesa—The dog walks stiffi,h since his misfortune. He seems to have been n good deal " cowed ;" I think I should myself if I had received such a shot. My charge for doctoring him was 21. 10s. I do not think the dog half so valuable, as a protection to the house. Mr. Sergeant VAUCIIAN—Do you believe that " this dog has had his day ?" IVitness—Ycs, I will take upon myself to say so. (Much laughter). Mr. Thomas Yeates said the dog had been at his house for a fortnight together, and a better humoured brute he never saw. . Joshua Nayte said, he had known the dog these six years. 51r. Sergeant VagnitaX, with much gravity and a look at the Jury that bespoke marked attention—Now, Sir, I would ask you, during all the time that you say you have known my client, what has been his character for humanity and general good conduct ? (Much laughter.) Witnemi—l have found him isvariably good humoured, faith- ful, and honest. Mr. Sergeant VAUGHAN—I wish every servant could have as Muck said of him. air. Delestax then rose to address the Jury for the defendant. I " Gentlemen," said he, " I am sorry that my instrucions root- I pal time 10 cut down the very excellent character which has just beet. given to my Learned Friend's client. That he might have been a good dog up to the commission of the offence with which he is charged Ido not doubt, nor do I wish to deny ; but that he for- , feited it on that occasion I think you are ak eady convinced. It is the common practice, Gentlemen, for criminals at the Old Bailey. after their guilt has been proved beyond a doubt, to call a host of people who are ready to swear that they know no harm of them. Any body round this table might say the same of this renowned Captain as has been said by my Learned Friend's witnesses. Nei ther you nor I, Gentlemen, ever knew him to bite any body before; but neither yon nor I would let him approach so near us, barkirg in the manner that has been described. without endeavouring in the best manner to repel his attack. The people who had spoken to his character were his intimate acquaintances, and he was, perhaps for good reasons, upon his best behaviour in their company ; the de. fendant, however, found him in a very different temper, and am obliged, for his owl; defence, to put a stop to his mischievous in tentions. He did not mean to say that all large dogs who look good-tempered ought to he shut because they barked, for in that ease even his Learned Friend might be put in danger of his life ; but he would say that the owners of dogs like that which was the subject of the present indictment, ought to keep them chained up. If they did not, although every dog might have his day. the days of such dogs would not be long in the land, Ile regretted that he was obliged to call witnesses, but his client insisted upon his doing so, and it was not the least painful part of an Advocate's duty to obey the direction' of his client, even when they happened to be contrary, as in this instance they were, to his own judgment. Several witnesses were then called, who proved that the flog was In the habit of barking at and ftightening people. No evidence was, however, given of his ever having bitten any person. Mr. Sergeant VAEOlia Pr replied, and the JUDGE summed up : after which the Jury returned a verdict for the plaiatiff—Daninges, one shilling ; costs, forty shillings. ea 21}e d the ddg i. , August, but not soddenly. We Ikea on 6dt oTI house, • drew we let by the year when we went away. My h is-band weer hoot hence to London a month or five weeks befo e I did. He had been frightened away on a report similar to the • one on which *he prisoners extorted the money. I don't know th • any warrant was 'out against .hirn when he left ‘Varmlngton. 'The Weiner' arid they came to apprehend him for what had hap wood at that place. My husband sold his house and never returned to Wasmintoon. John Axx-1 li v ed In beicesterorith my wift,ih December lasi. Between seven and eight In the evening of the With the peir salters came to my pause with a man named ore Qhi - earning in tluntley said "I am come by an order getideemars of OundJe, to take you up fora certain crime. He thed eneletiohed the nines of five - Magistrates. I said I bad never been guilty of any such crime, and that I had just returned from Oundie. sassing through my house, they dent up staire_into my bed-rotab, untley desired me to foll ow : a nd h e an d Bird red me on thw , observing, " I am worry, Mr. d,ric. I am ewe* 40 aid fleg duty—but my duly I ail do." He asked me What Memel t be. I Replied, my f r ie n d li ve d n i ne miles off; He saki diarithe two E l far to send, and asked me if I had no friend in the t i g y en. I held .. I thought I could make a friend of Mr. Glover. wine tints *, peesent, and went to Mr. Gloeer. Duntley amid, motley he nowt . have, and he wanted IBL and some odd shillings the eveniedle My wife told him she had 8/. or 91., but he said he meat have thle whole of the money hehad demainled that night. My winethea well out, and so did Duntley. When he came back he said, "What ! It rot your wife returned, I will wait no lon ger , b ut take yell away force. Ile said he h a d b een.w i t h Shertard ' s clerk, who had given h orders to agree w ith hi m db out the slam. iVhen my wife revue ' with Mr. Cartwright and Mrs. Glov e: , H unt l ey pulled out a cots. stable's 'daft', and said I was his prilldner for a certain crime. Jillta was present. lily frientle said they could not suppose me guilty.. Duntley sell I was. I denied it. Ile then took pen and ine, ad began writing, while Bird went up stairs With my wife foe the Money . wife put the money on the table, I went nut o y f the hOwse end d /tee id. not see money taken up ; hut 1 heard todniley insist rsh having the remainder the next morning. I went to thy friend Illy. Chrambeta Jayne, at Willousehlsy, for I was driven out of my house by Thos. Huntley, who said I should lease the eountY, and he would see taw out of it. Cross-examined—TM% was not the first scanty 1 left upon this or a similar charge ; hitt it was the second. I have never fart Bird since I left AVarmingtor.; but I knelt him by sight at Oundle. I had never seen Duntley before. Toe Mr. brown men. t'oned by Duntley, is a farmer and grazier tieing pair Pundit.: Boson had never accused me of the crime; but had said he had heard of such a thing. I do not know a druMmer Or any ( - thee person of the named Coke. My friends did not advice me to by my house, it was the prisoner who drove me out. Aloreton nee)? went to any man named Coles, nor to any body dab about a chine of thin kind. I swear it. I vas frightened witty from Wane mington. Mr. 114one', for the prosecution, ohjecte iti the matinee in which this croak-examination was carried on. I l e submitted that it was altogether irrelevant to the case before the Court. His LORDSHIP said he WAS always attentive to t h e eueatielde that were put by Counsel. and should interfere whenever he thougliii that Counsel were exceeding the proper limit. Cross-examination continited.-1 did not know that a Wartatill had been out against me at %armington, nor do I know it now. 1. was terror which the charge made by the prisoner had upon Me that kept me from home. . Re.examined.—There is not the Plighted ground for this or tiny similar charge against me. It h a s been got up for the purpose of extorting money from me. The appearance of the witness was that of a person easily to be worked upon by any charge, however preposterous. Terror stoned to have more influenc.e over his mind than reason. his Couriel was very indignant at the attempt made to *the a charge of), highly a criminal a nature upon a man, at the inetructiens of as** of miscreants who would not scruple to sacrifice the best characiee to forward their own abominable purposes. H. Cartwright eaernined—W hen I entered the ,prosectitek's house, Huntley told me 3lr. Axx was his prisoner. I Raced beta on what charge; he replied, far having eontinitted a &lain crime. I asked him when and where, and he said at a village near Pundits, about 7 years ago. I sa id, ••I suppose you have authority toile• rain this gentleman a prisoner in his own houses" his -reply *as, " oh yes," and then he produced a stair, saying, that I l l s aut hority was from the magistrates of bundle, where he Mould Cony!) , 111 r., Axx unless he paid 18/. 131. He then retired for a few minntese and Mr. (Mover, myself, and Mr. Axx consulted together. Dante ley returned and asked whether we had come to any conclusion. I told him there was but 81. in the house ; he said the whole of the money must be had and that iintnediately, for he had been in the house three hours already. I said, that as it was very late, it we* not likely any more money could be got; he then consented, has with very great reluctance, to take the Cl. Mrs. Axe put it dot& before them, and Huntley took it up. The two • pritioners were present. elr. Axx appeared very much alarmed, and Duntley used much insulting and abusive language. saying, lie Was .orgy for his wile, but had no pity for him, that he ought to have been hanged long ago, and diet If he escaped that time he would core to the gallows at last. Duntley said he would not take the money unless Axe left the place. I sin certain Ale. Au left the hours 1 under a state of terror. Cross-examined.—This was the first time I had belled of the charge. I never slid to him " for God', sake eseape." 1 shook hands with hint, and wished him good bye. I had only knows Mr. Axx a month. I did not advise him how to act. Vi'lltiani ()lover gave sitnilar evidence to the last witmgt. ue further stated, that the two prisoners called at his house for 101. 13e. the Following night. Huntley gave a receipt, and signed his nem* Thomas \Vigil% It was dated 27th December 1021, ana acknoata !edged the money to be received of witness on account Of lilt. MX. 11". liloreton's evidence was also corroborative of the preceding witnesa'a. Cross-examined.—l never heard any charge of this nature Made against the prosecutor. I never heard of a person tamed Coles. I know of no drummer whateter. John Unwin—l am the constable who apptehentied the pi bemire Bird. at Leicester, on the en It December last. Ile was living in lodgings, and working as a butcher. I told hint the nature of the charge against him. Ile said, " 1 little thought it would comIP4O this : I considered it only as a lark." By the Corn-Re—What language is that—ohm is a lark ? Witnese—Why, my Lord, it Is a little bit of a spree. By the Counr.—That is not a bit more intelligible to me. !fitness—lt meansoily Lotd, what gentlefolks call a little bit of fun. Thomas Burton deposed to lilt apprehending Duntley, wh o lei) a journeyman le,ker at Leicester. Witness told him the moored.' the charge against him, to which he replied, " I don't care a d- , ..n about that, and if I had had the old devil took and hung I shoat have done aim justice." Ilia language wan very low and gam, and he asked whether his compenions had been'taken P NVitnete told him " No!" lie said, " What is the reason; cannot the C lair be made up ?" The statements of the prisoners before the Magistrate Mete then put in by the Magistrate's Clerk. Duntley, in his statenuebt, de clared they had no intention to take the money when they went to the prosecutor's house, and that they were willing to return It.se , Bird confessed the commission of the fact. Mr. HoUPltsteo, as counsel for the prisoners, raised two ob jections to the indictment, both of which were uvetreled by the Court—his Lordship observing that all the crrunts had been sub mined to and approved by the twelve Judges of Englatid. The prisoners hail nothing to say in their defence. The Learned J 1; DGt then charged the Jury, observing. that by the common law of England, the offence of which the pri 'stood charged was punishable with death, but by a recent Act 4 Parliament that law had been repealed, and lie was sorry to dray that its repeal had been followed up by a yetis great increase of the offences of the abominable nature of that charged against the pri soners'. The Jury consulted for a few minutes, and found both prisoner) Cei.Oy. During the weeding trial the Gentlemen of the Grand Jury re turned several bills against different included in the ea - ` 4 - , the Clete , '' ' _TL7TSDAT, Ara. 2. prisoners CRIMINAL SIDE. lendar. After the Clerk of the Arraists had taken them from the Before Mr. Justice PARE. Foreman, that gentleman and several others belonging to the Thomas Danetley and Samuel Bird were indicted for extort. Grand Jury, remained in the gallery. Ills Lordship observiii‘d ing money from John Axx, by putting him in bodily fear by this, addressed himself to Sir 11. Hollins!, and asi:ed whether these threats that they would accuse him of haying committed a certain were not any other bills before them ? infamous crime. The prisoners were indicted last Assizes for the Sir H. Radford—No, my Lord. same crime, but owing to a defect in the indictment, they were Mr. Justice Paax—ls there not an indictment against Sir remanded, and again put to the bar on an amended indictment. Willoughby W. Dixie? Parnell As:, wife of the prosecutor examined—My. husband Sir 11. Ilalford—No, my Lard. lives in the London-road, near Leicester. In the evening of the Mr. Justice Pane —1 hen let the prosecutors be called on their 2fith December last, three men came to our house anti asked for recognizances. To what amount are they sworn to appear ? Mr. Axx, saying they had something to communicate to him. My The Clerk of the Court here communicated to his Lordship is husband went outside the door with them. I cannot say whethrr an under tone the sum, which we believe is 10!. each. the prisoners were with the parties. I followed about ten minutes The Rev. Thomas and the Rev. Charles Wright Were theft after, and heard one of them say they were come to take my hos. called three several times to appear, and prosecute t he indi ct m e nt band for a crime he had committed some y ra esaga, and th a t t h e y against Sir W. Dixie, or their recogniaances w ou ld I re estratet i . were ordered to do so by a gentleman from Ott, Ile. My brother Neither of the gentlemen answered to their names. ['Moreton was Caere, and asked the man what was his authority. Mr. Justice PARK-111 there no attorney in attendance for till I who replied It_ was a constable, and had authority enough. We prosecution ? were very much alarmed, and some of these men propmaed to make A gentleman r} few minutes afterwards entered the Court, sr s a It no, if we would agree upon terms, and it' their expenses were going towards the Bench, said—l am the attorney fur the ruse. raid. One of them advised me to make a friend, and obtain the tutors, my Lord. money. I told them I had Ii!. but they refused to take less than Mr. Justice PARE—Have you not got any evidence, Sir, to Sup. 181. and some odd shillings. I went to Mt. W. Glover to get the port the charge against Sir Willoughby Dixie. money, and left one of the men with my husband up stairs. They Attorney—No, my Lord, I have no evidence to bring forward had no masks on, and I sin pretty sure that Di. tley was the By the COURT—CaII all the 'recognizance-a. By this condoct man who spoke, and I think the 4 :her prisoner was with him. the ends of public justice are defeated. The teargnitances a• • Bird weds the man who remained with my husband, and the third mos T t he in R ad e eci ver u e a nted, panandeciuttoreteffeehats,loo9serebeednitaanoitnheZuissporantestii:o: not appearing, man went with me to Me. Glover. Glover, and a person n amed h aving T h e a c r o i g n n g i i ta an k c e es n , them. an d Cartwright, came brick will me. We found Duntly and Bird with My husband. Duntly asked if I hid got the money. /tow far these Rev. Gentlemen elmaider themselves as acting writ 1 had two friends who were canting to produce it. Duntly Said the house. = l d Itil , they would take my husband away if they did not come soon. II v The Court —Let their tee n' be estreated. I cannot ear t h l t i r e s n b l a oi n s d e yt oolndropriety to the country : for, from what appears In the &list , - very much agitated and alarmed. Bird followed me into the bed. tilin s• I Mild this to be as • gross a case as 1 have ever seen in k Inc :ti n : t t si o bl g e, i' li .e rn t l h linnets emthe 81 to . silk had t at u t p in. room to get the money, and held the candle whilst I took it out of Court of Justice. I wi.lirilso that the Magistran4 of the courts a box. Duntly wished my husband to leave the country. They should understand that to fifture all depositions respecting telonies refused to leave the house until he did, and he accordingy left his should be returned to the Judges at the Assize at the ve-y first home at twelve at night. I went to get him sonic linen, and Bird moment. , „ , made me give a pound to the men who were waiting. Bird mig 7; 1 lie Wand JUT, were then dismissed. have observed that I left a pound In the boa when 1 took out the V. , The interest excited by this case againt Sir Willoughby Dis.) lly husband staid away until the Spring Assizes. *as by no means great in this town ind neighbourhood t the C , V , • Crosa.examined.--1 told Mrs. Glover what I same for, bit the flexion between the parties (by mandate> and their previous e,i,. - men themselves told her and Cartwright what they wanted. The, dust towards each other. leading persons to anticipate what Irma asked the prisoners for their authority. and Duntly produced a be the result. The dodge had refused a; ball the Baronet, who constable's staff. On the Wednesday following I &coveted they had been kept in confinement from the time of his commitmetit, were not constables. I was in such a state of alarm that I can hardly without any communication being made by him as to his efence. ....................iir.,. remember what the men said to Cartwright. One of the men said they had got sufficient, and that Cartwright might take care of Herring fishing commenced in the tfotay Frith tome himself. We had bean at Leicenter but a short time. We had jays ago. In the lower parts of the frith, about Louie_ lived in London seven years before, and had heft " that lived Si I twoolt boats have already taken from fourteen to twein Warmington, in Northamptonshire. I know Wilson the consist le. ' ' , Y 1 w . The ~) they had • Ai I barrels s-day ; hut the Ctotnarty end Findliorn boats hate at arintripon. preinners said Shcrrard, clerk to a Migivrate at Wertirgtou. We lel that 1-!re: 8S hit ba - ' l; y El; CUCC,'", ( I <, 43