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HOME CIRCUIT. su,:irx ASS . IZES, LtifU, Avotrwr M ovirtitme. (Seibre Mr Jr,Om By newt:One wed a Special fOry.) YIN es v. HAZE, (4; LI: WO, AND 01 CD 5. We was an action of assault and else imprisonment. The de. ft a i si ns plead's!, lint, not guilty ; mid second. a jitatifiestlon. 'Mr. Sergeant 'fenny, Mr. HOLLAND, and Mr. Anne envie, em e n ded the plaintiff's case; and Mr. lilannenere and Mr. tog aTnn en the defendants'. This ease cached sonic interest It appeared that die plaintiff ; we , & respectable farmer, tpwards of seventy years old. and enc of site Cburchwardene lit II untanonneux. in which parish he occulead , loge farm. as tenant to Sir John Fagg. The defendant. Mr. Hoe, was lice or of the parish, Me defendant Mr. Eysn Junes was hi, cont., and two Oallf defendants were beadboroughs The elaiatiff hd, for sonic time past, claimed a riellt to a certain pew to the TOTDO church, in virtue o f his tenantcy to Sir John Fagg, li bidt right ass disputed by the Rev. Rector, who. beside the ettsocel to which he was entitled in hiseharacter of Rector, collet. Mired that he siws had a right to the pew in question, which it was Went' nl. his predecessors in the Incumbency hail always en. joy;`!. In emir to assert his • right, the plaintiff hail, for several %eremite Stoilays, gel)e to church, and before divine service elan, ciati.,icrol over the partiaoa, and taken povemeinn ef the pew. the dmar of whit h usually kept locked by ille vector. In order to prevent the repetition of this course of pro otdieg, Ilr. Hare give orders to the parish constable and the head- Inteughs to be in attendance on the Sunday mentioned in the ; Timm, and forcibly to turn the plaintiff out of the pew it' he should again take possession. On the Sunday in question the j chiral' came to church, and again took possession of the pew in die atsaner above-inentioneti. upon which the constable went to Om and 0.-aired him to withdraw. telling him that 31 iu flare, t he odor's dianghter, and one of hh wins, were COMltig to that j ere, in which the rector's family were accustomed to The defendant declined withdrawing, but said he had no ob intim' whatever to let Miss flare and her brother Into the pew, there being room for ten or twelve pereteis to sit. He was 0.1, however, that he must retire altogether. This he refused to do; triton stitch the constable and the hesdbomughs tail hold of ' him, fitted him 00: at the pew, and carried hint to another pew in which fie had 't•lr usually asecommodated wish a seat, and codes. torsl to place him there. In this, however, they did not succeed ; tit disentangled himself from their hold and returned to the pew he led Int taken poneeesion of, entering it as before by getting over tSe partition. The pesce-offieern began to doubt their authority to iawrfere any Anther Ice the business, conceiving that the nisintiff, tains chars/tier of cieseehwarden, nsd exclusive jurisdis den within n it I n dy „r the church ; and before interfering tiny farther they j dettsmired to nits the savior of Mr. Jones the curate, who was' then st the rordieg-deck, but had not commenced divine service. j Cent askiitg Mr. Jones what they were to do, that gentleman told font dtey woe runners tied plrintiff front the pew, and that if he desist sill:draw quietly they were to turn him out by force. The dicedn t was requested to come out of the Few, but again deelin en he was taken out bodily, and dragged to the pew where he j enj oy fat ; ;. tat :DI he did not seem inclined to remain any longer, ! he was taken out of church, and told he must iminediately go before a nagistrne. IA consequet ce of the noise and confusion created Ls Uec dia n nainful strugy,les. Mr. Jones the curate aunounced to , tilt tonne; in 111 Mut divine service could not be performed with It: digerati) that morning. and accnedingly she congregetion die- meet Mr. Hare had given ceders to the headhormighs, that if threls!atiTrepcated his attempts to the possession of the pew, they vete to convey him before a Justice of the Peace. to be dealt; tab wording to law. As soon ma die plaintiff was taken out of docks, &blue mentioned, the htialhoreughs gave him his thence to/ the mode of his conveyance to the Justices. lie was told be eight Tide on his own Anne, go in a gig. which would be pro.- Mrd fee him, or walk. He preferred the latter mode, and was tire in custody, but without any circumstances of ignominy, be fore Mr. Curtin, the neighbouring Magistrate, who hatint hint over await at the next Quarter Sessious for assaulting the head lonaghs, and for indecently and irreverently distuthing Divine toriceon the day in question. At the following Sessiotie he was Wined for this offswie accordingly. It did not distinctly appear sot was the result; but in fact no judicial proceedings was leaded upon it, and the plaintiff' now brought his action. The Madams justified their conduct by their special pleas, which sleged dris the defendant having mumonducted himself, by foe_ Cal attempting to take possession of the pew, they lied gently dui bands kloon him to remove him therefrom, doing no more via ' lone than was necessary foe that purpose; aril that having repeated his violent conduct they slid a little pull him abort, and did a Jade beat him, as they hurtuliy might for the case alleged. The eisintiff in his replinition, alleged that the defendants committed Oltriplinees and injuries complained of, as of their own wrong. bleed witeenses etuved the manner in which the plaintiff had been nand. It was proved that Until the constables had interfered, the planeff hal trade r.a nciec or dieturbance, and that, in fsct, the fittetreet broil alleged in the defendants' pleas, was produced by their irtertentien. In the pa% of the defendants, the topics urged In answer to the rtinensee , -.lirst, that the plaintiff had acted illegally in the mode rieht to the pew, find that. if ha really had any hrful tine la it: he ennelinhave esserted it by bringing an action wrist the Realtor, And detecrnining the question by due course if lay; second, thee, in point of fact, he had no tide whatever to t tete. r was eottioed by his own conduct, inasmuch es, fir 30 `or..!.c had always sat in another pew, assigned to Sir John % tenants. without ever pretending, until lately, that he had to the pew in question t third, that Ow pew in qweetien r been anal by a Sir John lagter tenants, but had peen enjoyed b nbent of the tieing, an d been, , used by die. • y for the last twenty years; and, , that the crib UMW on this occasion was so vio and mitre oder his forcible expulsion, and the rot p ings, nocenalery and jutifiahle. r as given in support of the second and third grounds ; but as to the fourth, though sonic whet:sees were c. lied what the plaintiff's demeanour was on the occasion in it did not appear to be any other than already describe 1. -sr TADDY, in reply, err that, however questinn- Ars title to the pew Mig it he. nothing could justify and outrage with which he had been treated. The .nf Mr. flare and his curate was by no means consistent ti•at certen,which became the ?mend office of a clergyman ; what took place new committed under their orders, they -rshle for the consequences. The Jury would say what ....e would give to an aged man, of irreproachable chg. ~ eh. had been thus twice dragged oat of church, in the face 4:el'ow.p‘rishiorterr, under every circumstance of insult and 'ohm. merely because he had peaceably exercised the right _c chimed to the pew in quotion. To them the plaintiff with onlidenee for such a verdict as would mark their sense d!unenrthy conduct of the reverend defendants and their Uses, who had thus occasioned an unseenily broil in an edifice seats the parish chinch. !wire IteilltOnGll charged the Jury, that if the defend -511 efjustiffestion wale satisfactorily made oat, they would arseer to the action, inasmuch as the first act at aggress heemiee Ma plaintif and forcibly expelling him from the 110 not he justified a the plaintiff was theretiare entitled to et. Jr was the province cf the Jury to, say what . damages held rive in oich a case ; but he lied no doubt that. in the of their judgment upon this subject, they would take care 1 Ter their timid* to be affected by any feelings IDCOIDiStellt II jostler.. Jure four.d their !reedit* for the plaintiff—Damages 1001. TittalSO w. NEINZWZATREZ amp ANOTrita• "*.d.an indictment against Captain, William Stephen Mee "rt and Harriet Atilt - a, for a conspiracy to keep the Litter de. 'calla the way, in order to prevent her alterding as a wit bulimic: to a subpoena, to give evidence of her hand-writ r' ting witness to a bond, upon which ao action had been ie the Connor King's Bench against her co-defendant. PLATT and 31r. Law conducted the prosecution ; and Mr. I I twil and Mr. A Do Letitia the defence. 'Primnation was instituted by Messes. Amory and Cole, the of London. The defendant Mr. Alerrewadher was a and owner of several houses in Brighton. lie "[sad in some stock transactions with a Mr. Matthew haagivea the latter a promissory note for the payment anan6 upon those transactions. 11r. White being h Amory and Cole, indorsed the note to them at ▪ i:e,k! without notice at the time of the illegality o f 1 "a. The note turning out to be unavailing, Mr. ."Ther executed r p o nd to !Immix. Amery and Chile to se t all the amount o f t h e d e b t . Th e subscribing witness to ',!aa Alm Harriet Mills, the chew defendant, who, at les esecution, was Mrs. Alerreweather's nurse. Messrs. and Cale having commtnesd an action in Ililary Term, „ ,_,`" file toad against Mr. Menreweather, and the cause la Aril of that y ear , i t b e c ame necessary to sublice give evidence at iuildht.lt of the due execution of Z. clerk 6 the hens, served her with a suhlwena on Aron. at Hastings, And gave her a pouhd for • tic desiring her to be at Messrs. Amory and Cole's Ili of May, the cause being set down for trial et east month. She promised she would attend. ?, , ,,tha should b: easy unwiin to - say anythi to and that 1.1 h.. would w rit: to him upon ng the • Z. 31111.. never made h er appearance at ',Heists. Amory 6. 4 1 according to her appointment, nor did she attend " 'fie 2d Maw. It apeared, however, that the Court 4, 131 Mnt os fact, Xi! On that day, so that her attendance 1 nem useless The cause was Made a remand, by con. ..a l : t r"i"irg. /IQ in the mean time some alterations °Y Plaintiff; in the reord, A clerk of A at their expense. prepare at tlm rem , sitti c ngs. lessi-. A y • 4 whe Was despatched to Calais to bring over then kn own to b e with !Ir. Ahrreweither and his the deal aw her he complained of her non.atten. ;Paaitras occasion, an d sa id, if she would then come vas - 7,lst all her exp in England. Mr. 31errewee. .4, 5 . 7% of the nee-ssity of M rs . Allies' s evidence, and ntie:tion to her going to England if she thought in t .'" 144 Messr.. Amory and Coles afterwards without her evidence, but ultimately failed hi 4 • "..r . e round that the bond was infected with the e weiginal cons - Aeration for which it was given. !!'nwatwes. the present prosecution was instituted. houil lgiet evidence of any conspiracy. One witness. di,„ ' IL Mills lodged at !lasting', in April Iti*.n, 0 ta I he Was lined with the subparsa, she said she Isa thi e lL P 44l, as s:te was de s i re d not to do so by her tune the latter was rot present. It was proved Ka:Merreweather and M rs . Mills had gone together from Navin . • g'• lo Rye. in their way to London. l e. . „ : be tt al A d l en rs na A me ld . la went by His pains of t t Pt.. r was vette are..!.c had Aiwa TAiera tenant'. with right to the pew ' never been red rays been enjoyed fact, used by 31 s.rth, that the cqn t and outru Sequent p i is o Evidence as gie defence ; but as t rote what the •ntion it did not hit her ant TAI • the plaintiff's t violence and on &vet of Mr. Har ...1 that &moms d, as what took ; - answerable for -rams they would 'IT, Thn had beer 0 !..afel!ow..pariald • . :dim% merely rids he claimed to ' t .1 wit!, ertiden ..!..! untrnrthv en IWJClitl, who had I MmL7rd ;a the pari, I. Jam ire lit ati ti At as of juin& id renewer to kin rising Ili. Irdtoted rot be j tice:c.. J t was II ettroald rive in a • nf their jud urger their tut tri4 'melee, 11.1.. ur? round t V . , i ,,.711g nut v " "As .an indLi "et and Mari (allot the on a Phediener to *meting iritn, ~ tje th e C urt I!. PLATT and .: 'haws illd AIL ~,.., P rlstatiop w "cors of Londo: • 1 •411114 i t, a bmi en I . e d • hi,,,te, vtdt 6,, "frentla itij;i, Arai to 31, w , 1 . e, t; . it is-arne ls le eat. Imatim. i ortmerher • • ear% ' m att the am • 4 e " Ain ....: of it• (Ite m I ~ • tnj rn:c ha, .:r,,, the b) - at i.s., e i n A 1 a 1id1,;.... , - 1 .44 Ai d - .."'""el. de, 1 a• '''e let i ' '?•: of 1:41 II 4.'l she *ha t ' l.: ' l4 Mare a ' . 1 4 31ill D , . ufa::• RC 1 :111 on il, 'IL m* Point h- ' 417 e b ey . _ IC tl, . - "'• ' , quo: sit' -- *1 ni 4 bY PI I ; ~ ,')Tili at t ,'; -,'' sonsl sirob, .4.. ' A_ iea tile • i - In 4 't Pink Ls• 4'441 P I T !le ' ' . 4 ir 'ilrnkti r, . A i no u • :rte 414 I el :a- l '' trill a lie ► ' _° 4 the ea ', 4 - 14 . th, . n- :_ drew uc 11,,, :* 4 tn.! a . . *Me 311 1r- • .. II ifteri os: .t;T. ' 4 48 to i 11,1 :':at' t di , M a , .., II )1d ;el• te.,.e ft ~.* ...,16,1 The ease for the prosecution being closed, the defendants' Coumiel objected, that some of the uraterial averments of the in. di :Intent were not proved. It was alleged, that at the period when the supposed conspiracy was fornirt, the cause in question Willie. gularly at 'roue, whereas the fact was net: so, the record of nisi prior not baring been brought in at the time when Mra. Mills ought to have appeared to Art vubponn. The Counsel for the prosecution argued against the objection with moch teal. but Mr. Justice ISt ureoec.rs thought the objection fatal, and di rected an acquittal. His Lordship added, that if the case had gone to the Jury, he shoull have told them that there was nn eri , denec whatever to effect Mr. Menewcather. Mn. Mills might have behaved improperly iii not obeying her aubowns ' but the pro, setntura might have pr ocee d e d aga i nst h er b y attachutent, ter by action. This indirtment clearly could not be supported. Verdiet—Not CROWN SIDE. &litre Mr. Roma Oft•thoe., EXTENSIVE COACH 11.0111:1,11P- Johle Witwee, a 11l all Or tihle appearance, deieriblag self as a coal-merchant, was indicted for stealing bank notes and cull to the amount of 1,61.1di. from the Hero, Portsmouth coach, on its way to London, on the 16th January last. The prosecution was conducted by Mr. BROTRTIM and Mr. Tneniaza, and Mr. Annaawa and Mr. - Anot.enos were fn. the defence. 1 - It appeared, from the evidence of several witnesses, that on the 15th January list, Messrs. Hector and Bancroft, hanker. at P2ts -11-1.1, made up a parcel, containing the progeny it, question, for 4.4 purpose of being transmitted to their &ignite, llcwrs. Wiiliame and Co. Birchin-lene, Genital. tin the tidioeieg day this parcel was given to Faulkner, the driver of the I lero, Portsmouth coach, wl,ich passes through l'etersfield on its way to London, and he, according to usual custom with parcels of that description, locked it up in a small box, entice his seat on the driving box. It ap peared that on the morning of the 11th of donuary three men in company Mlle teethe Fountain Inn At Portsmouth, and sent for the book-keeper of the enachmince. who waited upon them in the coffice-room. They said they wanted to go to Loadon, but wiles* they got the three front scats on the rduf of the Hero they wonid not go by that conveyarce. One of these men was sworn poeitively to, by the book-keeper, to be the prisoner, his attention being drawn to him by the particularmanter inwhith beetaalookel at by a gentleman in the room. Front seats were secured for the 1 three men at their regeest, and the prisoner rode on tbe off side, ionntediatcht behind the coachman. Another man took the beef who oho seemed to be of their party. The coach (topped twenty m(.. flutes to dinner at Ripley. and about three mi:altes at the stags' public house in Lambeth. One of the turn got off at the latter I house, and the others at the Elephant and Castle in et. George's Fields. The coachman, on arriving at the Spread Engle in (irate- church -street, discovered that the box in which he had plated the Oral in que s tion was open, the parcel gore, a nd part o f riskeleton y remaining in the lock. Notice of the loss was Immediately given to the bankers, and active steps were taken to trees the notes I and detect the oftendere; but no discovery wee made until the Pith March last, when a man sworn to be the prisoner went to the shop of a Mr: Tooth, of Hastings, bought two pair of gloves at the price of e 5.211. and gave in payment a ten-pound Chichester bank -note, and received the change. 31r. Tooth took the note to the Hastings Bank, and was there informed that it was one of the stolen notes in qtaemon. He went in pursitit of the prisoner. found him in the Iligh.street, and told him that he had given him a bad note, to which the prisoner replied. " It can't be a bad note,but if it is I'll change it for you." Mr. T. then took the prisoner to the bankers', and, on being questioned, he said he was a coal merchant, and lived at Burton-crescent, London, and that he bad taken the note at Brighton, from a ritierreey merchant. A constable was sent for, and the prisoner searche d, whereupon a poeket-book was found upon him, contain ng se.mitl notes and tome sovereigns. Ile was then asked if he had any more money about him, which he an swered in the negative. A stricter search was then commenced, and in doing so a roll of paper fell from the prisoner's person,which he put his foot upon immediately, to try to Loneeel ; but upon being sieved by the officer, it was found to contain, among other ', notes. a ten-poun.l note, one of dime which had been stolen. Upon searching the prisoner's person once closely, another of the stolen notes in question, of the value of :A, was found in the seat of his drawers. Upon the proof of these facts, the case fur the prosecution rested. The prisoner, in his defence, sail, that he was a general dealer going round the et-stmt.'', attending. fairs and markets, and teccived the notes in question in the course of business ; and under the tic cumstences in which he was placed, he had Wel no opportunity of taking the necessary steps to trace them to the palms from whom he received them. Ile called no witoesses. The Jury, under the Learned Judge's directions, found the pri soner Gritty, and he was sentenced to seven years' transportation. It appeared that the prosecutors had experienced great difficulty and ineerred enormous expense in the furtheearee of this prosecu tion ; more thaw 1.51101. wee stated to have been incurred in the pursuit of this object, and that overtures had been made to them to forego their public duty, bat which they determined not to listen to, preferring to let the law take its course in a case in which every banker in the kirgdotw was interested. .Elicerbeth Gibbs and Ames Gilbert were indicted for the wilful murder of a new.born.infaut, of which the first-mentioned prisoner siesr , the mother, at Pevensey, on the 10th of May. The prisoner Gilbert bad been committed as an accessary After the fact, but both prisoners were now indicted as principals.• When the else came before the Grand Jury, they thought there was not snfliellait eel. ' dens to sustain the indictment, arid there/steels' bad trta wed. The prisoner Gibbs being dendnod on the ' —l-_ for the same murder, was put to the bar to anima t ewe. Mr. 11110DERICE, for the prisoner, mowed*, quash the inquisi. lion for want of form. The olej.et len was. that there was no county named in the body of the inquisition, which, be submitted, was a fatal defect, incunuch as it did not appear that the Judge had any jurisdiction to try - the offence. It might be true that Pevensey was a local jurisdiction in which the offence might have been tried, but the inquisition being now on the files of this Court. the prisoner was entitled to her deliverance, which could only be effected by quashing the issquiai t ion. Mr. Loin was for the prosecution. lilt. Baron (InAMAIII was of opinion that the objection was fatal, and therefore ordered the inquisition to be quashed. The prisoner was discharged. George Biker and Benjamin Baker, brother!, were indicted on the statute of Elizabeth, for breaking and entering the dwelling. house of Charles Lintifield, in the day-time, on the 14th of April, at Horsham, en person tieing therein, and loading ationd for the payment of 2001., two watches, several silverespoowd„ some gold and - silver money, bank-notes to the amount of Sii., two waiscoate, and other articles of wearing apparel, iii. property. Mr. Boetewn arid Mr. Law conducted the prosecution. It appeared in evidence that the prosecutor, who had been brought op at the t'niversity of Oxford, had mdieled a woman in a condi tion of lire inferior to Lis own, and residedia lone house, about a mile from Horsham. On the morning of the de/ mentioned in the indictment, the prisoner, Benjamin Baker (according to the testi mony of Mr. Limifield) calied about ten o'clock at the house of the prosecutor, who was then from home on business, and told his wife that her husband had been suddenly taker. ill of a fit, at a-public. house about a mile on the other side of Horsham, and that he was net expected to live, and therefore she mast go to him directly. if she wished to see him alive. Mrs Lindfield, alarmed by this dia. Itreising intelligence, immediately prepared to go to the dying scene. She hastily equipped herself tor the journey, and, after carefully locking up the house, and !caving the property secure, she art off to the publie-trouse described by the prisoner. Nobody was left in the house. On arriving at the public-house, she found that the story told by the prisoner was a cruel invention, and that her husband was not there, nor even hen'd of. Suspecting that the obj-et of the prisoner was to induce her to leave the house for some sinister purpose of his own, she inimediktely returned and found that her suspicions were but too well founded. Daring her absence the house had been entered at the back part by violence, the drawers broken open, and plundered of the property mentioned In the indictment. The most valuable part of the property was a bond for 2,904/1. executed by the Earl of Galloway to secure the purchase money of some land which his Lordship had bought of Mr. Linellield, part only of which had been paid. In consoquerce of she descriptioe given by Mrs. !Midfield of the prisoner, George Baker, he was apprehended next day, hut nothing was found upon him to confirm the suspicions that he was concerned in the robbery. Further information, however, was given, which led to the appre hension of Benjamin Helene upon whom was foiled a gold seal which had long been in Mr. leindfield's family. He resided at a house near Brighton ; and it appeared that the day after the rob bery he was very flesh of cash, and had been drinking at different public-houses in Brighton, where it was observed that he was un usually wealthy. In his lodgings was also found a silk handker. chief, which was one of the articles taken from the prosecutor's house. When brought before the Magistrates he made a voluntary 'manurial that he had himself broken and entered the house and effected the robber!. He denied, however, that he had (as sworn by Mrs. Lineitieldi told the lie which had Induced the proeeentrix's wife to leave the house. It IVA% his brother, tore °th-r primmer, he said, who had spoken to Mrs. leindfield, land mentioned the circumstance of her husband's illness ; but that he had taken nu other share in the transaction. Mrs. !Midfield swore positively to the identity of George Baker as being the man who told her that her husband was dying. she' admitted that possibly she might be mistaken from the alarm and agitation into which she Wll thrown by the information respecting her husband, and this doubt might be increased from the 'similar ' ity between the two brothers. Other Mit:Kb/RI were called, who proved that a man very like the prisoner George Baker, was seen near the proseentorhe house, shortly before the robbery was com mitted, but they could not swear to his identity. The prisoners both denied their guilt, but called no witnesses. Mr. Baron GRAHAM left the Jury to consider whether there was any difference between the eases of the two prisoners. In point of hew, the confession of Benjamin Baker could net be admitted to affect his brother. The question as to the guilt or innocence of the latter depended upon the evidence of Mrs. Lindfield, who pus. sibly miele be mistaken in supposing that he was the person who • had told the story respecting her husband, and the other evidence ias to him was by no means conclusive. It war, however, fee them tee consider the evidence as it effected Lath or either of the prisoners. The Jury acquitted George, but found Benjamin Baker Canty— , fleath. In clearing the gaol, Mr. Baron Oraham was @saline.' by Mr. Sergeant Onslow and Mr. Adam rosperrively. who tried seve ral prisoners on Tuesday, committed for minor °Emcee. The Assizes elided about live o'clock this eveoing. -- The Conunissioners for the examination of Insolvent Debtors, appointed under the new Act of Parliament, are expected to make their lint circuit about the middle of 04:ober next. WESTERN CIRCrIT. DEVON ASSIZVI, E MTia, AtrovsT It CROWN COURT. Ilelbre Mr. Rama Gassowl • Joke llmucfcard was indicted for haring stolen a gold watch, matte 81. , on the 17th June, the property of Robert Bowman, of Filleigh, in this county. The poisoner lied been employed as • painter nt the house of the prosecutor, which gate him aeons to the room where the watch was plated. Ile had been using gas paint. On the frame. of the door, and on the mantle-piece over, which the praise.) , hung, theft were niarka of gas paint, which led the prosecutor to suspect the prisoner. The conittable who apprehended the prisoner stated, that when he was raking him to the Magistrate he said, • this is a-bad job about the gold -match, but they can't hurt me, as nn one saw me take the watch, and nothing will betray me bat the d—tl gas' paint." The Jury fund the prkenar Gurikg. Mr. baron Dalt now said that he should not then pass senteree of death upon the prisoner, to give hint an opportunity of disci e. log where the ;stolen prnierly was. TCU TING ANI) MAIMING. _ Charles Porter was indicted for cutting and maiming Hobert Baker, of Newton renew, in this county, with intent to kin bhn. There was another count in the indictment, which charged the' 1 prisoner with cutting and maiming the said Robert Baker, with an intent to do hint sonic grievous bodily harm. Mr. C . () tun 'nee ceroluctol the prosecution, and lir. C. F. WiLLI•SIa appeared for the minim?. 1 Itobert Baker sworn.— lam a private ' in the South Devon Yea ; nsanry Cavalry, and was on duty with the regiment at Totnee, in June. I'M the Sd June I was walking in the streets of Tensest I saw It ynume woman whose bonnet I touched, and said, " My dear will you like to take a walk with mar She said, "Go along," land f Humeri; %hey went along. I walked aboet four Or Eve yards, and then turned hack to ate for uty romeades, before the girl's door. I had been walking with two of them before. l was going towards Mass %ridge. I was two or three gunshots from it. I met my comrades before I paned the girl a peeped time, and walked on with thews. The girl said, " Father. tbat is the rogue who stole my bonnet." I laughed and walks.'. on. Th. :c were several per source the street. I never new ti a prisoner before that evening, I and it wart rather dark when he tame up to me. Three men fol. lowed us. Thomas Cooke, the girl's father, came un and collared tue. :innate:. man was with (Mitts . whom in called Chas. Porter; the third man I do'ru leans, nor did I hear his name. The nest 1 time I saw Porter w.n yesterday, but 1 knew him again, and bad knowleitge of him that he was the man I received my hurt from. I saw him with many others at. the gaol. When this person came •upeame at Tonnes he said, " Where is the soldier? I will fight the soldier—l will fight the soldier and no one else." This man then threw down hie hat, and I threw down my cap. I was • stranger ar Totem, and was very notch hurried. FAlwards, one of my 'comrades, said, " Nonsense, yo.l shan't fight." I said I did !not wish to fight with the man, if he would let me go along in quiet. I then pest on my cap and went on. The man then tol -1 lowed as, and would insist upon fighting with the soldier. Then Anderson, who was present at the time, said. " My friend, why domes suffer yourself to be thus put upon e Take your part, and I will be your second." I then took if my jacket, and the pri. 1 soner and I engaged. IVe fought for several minutes. I rece ived no body blows, but my hands were so bruised that I thought there must be 1 stone in Porter's hand, which hurt mine, for my nails , were torn ofr. I knncked the roan down several times. After a few rounds he ran away against a wall, where I pursued bins and struck him. .dome of my comrades said, he has had will fight no more. I then went away, and walked abess ei r&rr four hied yards. Then I had two or three rowels misiemilet far collaring me. Ile then went away, and I saw setae* of bias. 1 then saw Charles Porter coining from the wall, who said. " I will fight you again." This ward about two minutes after I had left him. I then went up to him in a fighting attitude, and received a wound in my temple. I supposed I was meeting Porter's fist, and said, "My eye is nut." Some persons examined me„ and said my eye ass to. and I then said, " I will go at the man once more, if m) eye is in." The bye.standen had enough to do to prevent Porter coming at me whilst they examined my eye. We then fought again, and I felt there was no fist striking of me, but that the man was doing something at my throat, I then tried to throw him, and we both went down. He fell rather upon me, and I received a hurt upon my back, which prevented inc from standing again. I thought it must be a stone; I was sure it was something more than a fist. I was crippled altogether at that minute. Whilst I was down I reeeiv.a/ several blows on my hack. Then the prisoner rose up, and ran away. They then carried me to a surgeon. I have never been well since the 3d June. Crate-examined.—l never knew Cooke bawd id not know that the prisoner was paying his addresaex to girl. I only f touched her bonnet for the regard I had for her ' se only a joke, fur I had never seen her before. 1 In so to any other maiden that evening. In fire minutes father collared, me r the prisoner challenged me. When against the wall, I * struck him. When he was against the wa I, my comrades cried out to me, and said he has had enough. On turning round, I fell upon the father of the girl. 11 . M. Anderson confirmed every circumstance to which the pro ateutor was examined. The witness resides at Totues, and wail present during the whole of the affray. Mr. Richard Wintberiey sworn —1 am a surgeon at Totem, and was called up in the night of the lel June.to seta man who had received a bad wound or eat. Ile was sitting on the step of my door ; he was afterwards brought into my surgery, and I examined hie wiped'. The first I thecovared.was upon Ma forehead; a age tend was on the left side of his head, on the temple. It was with great difficulty I could get him to sit sufficiently upright for to dress the wounds, from the loss of blood, and the pain lie said be felt in his hack. I then had his jacket taken oft; and discovered an extensive wound upon the left sidenf his back, between the sent tebte and the scapula. The nature of it dearly proved to the that It was a stab ; it penetrated into the thorax. Another wound I, found between the bth and 6th ribs, penctrining the pleura and lungs. I have no doubt the wounds were inflicted by some sharp instrument. The last wound might undoubtedly have caused ensile. (Jo the right aide of the back I found another wound. which was stopped be the blade-bone, and (lid not penetrate far. I sent for the surgeon of the regiment, who came down, and I sheered him one of the wounds. After the regimental surgeon had seen the wounded man, he was scut to his quarters. 1 only saw him occa sionally after, because lie was under the care of the regimental sur geon. The instrument that penetrated the thorax must bare gone in an inch and a half or two inches. Win. Pinson...-4 am a constable at Tomes, and apprehended the prisoner at his lodgings early in the morning of the /th or Junta I found a knife in his jacket pocket, which was bloody. I asked the prisoner if it was his knife ? lie said it was. He said no snore, and I took possession of it. The instrument was then produced--It was at law clasp knife. Mr. il'imbei ley recalled.—This knife would pr od uce the wounds I dressed on the person of Baker. I'lle case for the prosecution being entcluded,the prisoner put in a written defence, which stated that Baker had struck him when hp . *as down, and en that account be bad pulled out th e knife in self. ' defence, which he bad most imprudently used. He was very happy ' that the prosecutor had not lost his life. He trusted that the Jury would consider the irritation of his mind at the time be committed the rash act, and with that remark he would throw hutted/wpm the mercy of the Court and Jury. .. Several witnesses apo' e to the prisoner's excellent character. • Mr. Baron Gattaow recapitulated the whole of the evidence to the Jury, and observed to them. the: the point of laWinvolved in this case was probably ea well understood by the Jury as birestif. If two men fought together with their fists, or sticks, and one of them was so unfortunate as to kill thr other,thatotpuhl otglllte cOn sidered manelaughter, because there was nothing unfair in the nea test : but where two men turn out to light together with thcir flits, and one of them concealed a sharp imdruntent which in the enurse of the battle he used against his antagonist, that, he had no het:ea-I non in saying, on his authority as a Judge, was to all intents and purposes murder. The Jury consulted for a few minutes, and returned a verdict of of Guilty against the prisoner, but recommended him to mercy on account of the character he had received, and on account of the irritation of mind he must necessarily have been in at the time of his drawing. Colonel Farrell, who commanded the South Devon yeomanry, Mr. Wiutherley, on the part of the inhabitants of 'Penes, and the prosecutor, joined the Jury in their recommendation Of the prisoner to the mercy of the Crown. The Learned Js DOE said, that however indisposed lie was to for ward recommendations of mercy to the Crown in cases of this de. scription, he felt that the appeal was irresistible. He should take an early opportunity of minas for the clemency of the Sovereign to be extended towards the prisoner ; and atter incoming him that sentence cir'death must be recorded whist him, his Lordship • ordered him to be removed from the dock. The trial of PortiV'excited very interest. The Court was excessively crowded, and many en of rank in the county ' were present. ClVlL i net ib. Defbre the bOOD CIITET"JUSTIT L. Ilene v. pelmets (efetts.) Mr. Bey t. w opened the pleadings in this care, and informed the Jury that this action had been brought by his client against the defendant, to recover compensation in damages for the injury Inc had sustained in coesequence of Slr. Peering having published a false, scandalous, nielicious and defamatory libel against him, with intent to injure him in his professional business as a Proctor. The defendant had pleaded not guilty. Mr. Sergeant W'ILDE said, that in this case he appeared for a gentleman who was very unwilling to come into a Court of Justice in the character of a plaintiff: )Its client, 111 r. IV. Kemp, was a man of high respectability, who had practised as a Proctor in this city for many years; and he had only one objeft in bringieg elm action, which was to show that he had conducted !dimwit' with fidelity and competent skill, in the exercise of an honourable pro fession. The libel complained of was contained in a letter written by the defendant respecting the conduct of the plaintiff in a suit i carried on in the erclestamc.d Cent: of this diocese, in a hich it was imputed to blelienip, that he had not conducted himself with that skill that the defendant had a right to expect from a person under taking so important a cause. He had said that hie client appeared as • plaintiff' in that Court with reluctance, but his object for placing himself in that character was, that a charge, which of necessity must have weight from the rank and respectability of the party making it, might he openly and fairly made, or as openly and fairly diteavowed. If his Learned Brother (Mr. Sergeant pen ) WAS instructed to render full justice to Alt. Kemp, by &eta, ing • that there was no foundation fir the charge of iocompetency made against him, he (Sergeant Wilde) was instructed to state that the plaintiff would be mantled with such a declaration. Mr. Sergeant Pe LL said it gave him pleasure to state on the part of the defendant the concession required by his Learned Brother. His client felt himself bound as a clergyman and • gentleman to make the earliest reparation to any out he might hoe it jarred. Ile was army he had written the letter in question, and he was satisfied there was not the slightest ground for the imputations um- ' in it. Vntler these circumstances, he believed the Jury would only have to find n verdict for the plalotilf; the defendant entcrlt.g into a rule to pay such damages as Fight be agreed lx.tweee the partite. A. verdict was accordingly taken for the plaint ;ft . •• IiOUSTON, JUN. V. LET (cattae). t . filr.-Enskint stated to the Jury, that in this cane John Heus i totajan. was plaintiff, and the Rev. J. her defendant. The de. duration rated, that the defendant had made an assault upon the plaintiff; and had infticted several Mows on his back and loins • to which the defendant hnd plead e d, fi rs t, th a t h e was net gu il ty ; I and, secondly, that he was under master of n grammar sehool * in l l this county. and that the plaintiff being a scholar, under the age of 121. bad behaved himself in an improver manner, and tint the blows, bad been itttliet.d for the purpose of punishing him. To this plea the plaintelied replied, that the defendant had assaulted him in a metre violent nit:niter than was necessary or proper under the dr. euttintanees, and upon this issue wan joined. Mr. Sergeant PF.LL addressed the Jury on the part of the plain- I tiff', end observed, that the question they had to try was, whether the defendant had or had not inflicted a more severe chastisement O'l the plaintiff than his relative situation to the you:..", person jus. titled. lie approached this C.r..^ with pain, both as it referred to the plaintilT, who was very young, and to hie father, and he might add, es it referred to the defendant. whom he knew in early hte, and at whom he would say, that at that time he considered him, for learning, humanity, and tight feeling, an ornament to the honour. able profession to which he belonged. The father of the plainti ff , use a respectable surgeon and apothecary at Tiverton. lle lied five children besides the plaintiff', who was about 14 years of age. t Thodefeadant had been many years the second master of the gram.; nise wheel at l'iverton, whit s stood an high as any school ao the I kingdom, and had centelbuted es Iturgeiras any establishment of i its size, to that moral in I intellectual improvement to which Eng land was mainly indebted Ibt the protiatinetien she had c.tained. , Ile had a painful duty to discharge in informing the Jury, that at 1 this moment the lather of the plaintiff apprehended that his son I would be a cripple tor the reincinsier of his days, in consequence of t the treatment he had experienced from the defendant. But Ic I would not prep this point further, wishing as he did to obtain the I verdict of the Jury without exciting their feelings, which dwelling I on this topic must do. The Learned Sergeant then, after giving an outline of the tare that would be proved by evidence, called John Candy -a-1 am apprentice to fir. Houston, surgeon, of Ti.l tenon. He bas six children; John is the eldest; I have known him well for three years and a half. Before the beginning of this year he was weakly, but healthy. On Saturday, the 7th February. I I saw John run up to a boy of the name of Berne, and. after some j convereation, Hemmen gave him Il slap in the face. On Tuesday, i the lath February, in the afternoon. I saw he was very faint when he came from school. lle went to bed, and I went into the room where he Was in bed. It wail between two and three o'clock in the day. I examined his loins and bark, and found the blood had been draws from 69 places, and he appeared to have been daffiled severely. The appearances were on the small of the back. I went to him frequently during the evening. Dr. Hutchinson attended him. I particularly examined his back on Friday, and it was then I counted the 141 places. He got up on the liunday following for two hours, but he lay on the sofa. Ile gut up on Monday and Tuesday for a short done. Since that time his health has been very bad. He has complained of a pain in his back, and a alight pain in his head, and is constantly taking medicine. He complains sometime* of a deadness in his limbs; he has likewise been very faint. Cross-examined by Mr. ADAN.—The school hours are ova. be. tweet+ twelve and one o'clock. I sal plaintiff after his return from school. I sow him about two or three o'clock, in bed. He asked me to look where Me. Ley had birthed hint. Doctor Hutchinson came rt seven o'clock. Elizabeth Halkham, a nunie—l went to attend John Houston on the 10th of February. I eaaniined his beck, and found be had been very much flogged. The back was edt acmes and stabbed. I assisted an changing his linen. His alibi Was bloody in the tail. Witness attended him seven days anti nights. The boy was very bad when she was with him, and cried out when she applied the lineament to his loins. Lut Sunday she examined his bath, and found a hollow in it where she could lay her finger. Crosaexamined—Doctor Hutchinson 'wait in attendance all the time. Plaintiff's beck was perfectly straight. Edward Houston sworn-1 am brother to the plaintiff. 1 was at school with his en the 7th of February, when he was punished. Mr. bey asked his why be struck Ma-ter Beane? lie said, be. cense he told lies. Mr. Ley told Master Alexander Critlard to go out and fetch the ;dam pudding which he had left in a chair, lie brought a birch rod. My brother WAS then kneeling with hie hoods against a desk. Hide's:l-Ley. two boys, then held his shirt anti hands. His tampers were down. Mr. hey whipped him. Ile struck him five times, and then lie stopped. The birch wail broken, and then he took the little twig to make the bitch wider. Theo lie gave him five cuts more, and ran the birch into my brother's back. My brother then got up and adjusted his clothes. Mr. bey said to my brother, ~. you are acting Too and Jerry with a vengeance." Crou-examtned.-1 was about seven yards from my brother when he was beam. Master (Joss was timed just before m y brother. lam quite sure Mr. Ley r a n th e bi r t h i n t o m y brother 's back. Dr. Hutchinson sworn-1 MI a phydelin at Tiverton ; betwezn seven and eight at night, on the 10th of February, I wee called to ase the plaintiff'; I saw two or dime snipes an the lower part of his body, sod I found nutty more en his body; the skin was cut in many places; he shrunk when it wee premed- I prescribed a lotion; he complained of his loins; on the I IthAis pulse was as low es lint be mat very weak, and complaient of head-ache, pain in the bowels, and numbness in the feet. On the 17th, he com plainedef the Weakness in the back ; I saw him again in July ; I then found a continued spinal disease, accompanied with dis:ortion and debility, and exquisite pain ; before February, I knew the boy was perfectly ate:tight. Ceespeniandedii-I ordered an emollient lotion and a Strengthen ing *hear ; these were all the external applications I ordered. Mr. AD** addressed the Jury for the defame. His client for nearly half a century had been engaged in his present occupation, and had conducted the school at l'iverton with the greatest credit to himself., and die best proof of that was, that it was equal to any other establishment of its size in the kingdom. He should by the evidence he was instructed to call, completely answer the charge of the pleitatifil' The Learned Gentle:nth then called a number of iritneseee who negatived the statement of those of the plaintiff. 'f be Jury returned a verdict for the plaintiff--Damagea di. MIDLAND CIRCUIT. WARWICK ASSIZES, AEGCST Ce.lbse Chief Justice BEST.] TURNER v. EDWARDS. This was an action for seduction of the plaintit's daughter, Whereby he was deprived of her services. - Mr. Sergeant rauustmt, in opening the case to the Jury, stated that the plaintiff was a man whose circuar.stances were limited, but upon whom devolved the extensive responsibility of leading a •smily of MX children in the paths of virtue and honesty, and of ;ag care that by their bad conduct they aid not set a pttnicioue 'let° each other. , I 'Turner, • good-looking girl, was then put into the bOX. "veered to be übuut eighteen. She was embarrassed at -e slink time was able to proceed. I am the plaintiff's daughter. It is now three years ago lame I brat became acquainted with James Edwards. I shall be eighteen in October. The de fendant paid the visits at my father's house. lie often came, some times as often as five or six tunes a week. He was received as my I suitor, and he made proftssion of visiting at the house in that du ewer. Lie has often uttered to me the most honourable pratesta 'Goes. One Thursday night he came, and with e . articular warmth 'et manner told we he had given the parish-clerk 'stoney to pay tot est marriage. Ile gave me reason to think that it would take place Y three weeks. We went to Birmingham to buy the ring. Ile paid 1 ler it in a shop in nay presence. We then walked about a little way, when he said it was too late to be married that day, but that he would tale mete church with him the next Suhday. We went Woe together that timg to my mother's house. Alter being then • short time he proposed to me to accompany him to the Waggon eed'Horses, where we stayed together. Ile had told site that he would marry me on tate Sunday following, and repeated what he had before said ct Birmingham—that it was his full intention to have married the that day, if it had not been too late when we came there. I was deceived so vouch by these assurances. that I yielded to his pressing solicitations of remaini..g with him till morning. In the morning I reproached him, and called upon him to accomplish his promise of marrying me. It wu not long until the consequences ar my misconduct left Inc no longer capable of concealing toy- shame. The defendant not only refused to redeem his Wedges, but has since married another. (Uric the witncu was so affected, that she fainted away.) I gave birth to a child on the 10th of February last, the fruit of our criminal intercourse. .My father's family cantata four sisters and one brother. The defendant is 22 rears of age, and he is the son of a nail-factor at Birmingham. 1 bare heard him say that he was to tome into his father's business as soon as he was tweetpone. CrOss-examined by Mr. Con MON SERGEAN'T.—i live at Old bury, with my parents. My first company-keeping with the de fendant was in 1821. Ile lived at Netherton, which is about four miles from our house. Our first meeting was at a dance, at the Swan puhlic.house, at Rowley. I was with my mother and a few friends, but my mother paid no attention to n.y conduct. She was with our friends at the oilier end of the room. I went nut with the defendant to the house of a neighbour, named Bridgovater, where I stayed all night. The defendant left me at ten o clock, having been with me four hours. The next evening I.e met me at Nether ton, and we stayed together from six until ten. The day I returned from Birmingham with the defendant I did nut go home, but went to sleep with the defendant at tl e Waggon and Homes. I was acquainted with the landlady. My mother knew I was that; n.y father did no . I remember being at Higley Wake with Thorn ton, in 1822. I continued with him from ten till about eleven at night. The distance was only four miles, and it took its that time to go across the fields. I never said " I preferred Thornton's little finger to E.4 . lwarirs whole body." I have not yet sworn the child to any one. Ite.examined-1 never had the slightest improper acquaintance with 'Thornton, or anybody else but the defendant. Jane Taylor examined by Mr. Sergeant Vat:Galax—l keep the Waggon and Horses, at Oldbury ; 1 remember the night that Mary Turner and the defendant stopped at try house; they . wsked for a bed . • I asked the defendant whether he had marri e d her ? and he said he just had that day, at Birntingiustu. I have siace heard him say he had married another woman. Cross-viramincd--The mother of Mary Turner t ante to my house that night. She asked me where the pal Was? and I itid her she had gone up stairs with Edwaris. She Raid no watre but went home. We thought the parties were married. It w as Mary Tur ner, and not Rdwards, who asked for the bed. CHIEF Jrst ICE lie witness).—DWl you think this was the conduct of a nradtst stomas? 1)o you thick a propc: wornau would come in this way with a young man, to a public-how*, aid oak for a bed I IVitness—My Lord, I saw nothing improper In her conduct. The t m Iwo xSI mm EART then rose to address the Jury for the defendant Lie would ask the Learned Counsel whether be could seriously say that this was a cause for damages, more especially when it was stated that the defendant was only twenty yea-sof axe and that his father was a man in limited circumstances ? 11 rh respect to the rather of the gal, it was In proof dud he had not exerci.cd that strict vigilance over his daughter . ';ich he ought; and her mother was positively privy to her dishonour. But he hoped they would be taught this day. that if they claimed pro tection for injured inno ce n ce , t h e y should have ~hewn that they had guarded their child against being led willingly into the paths of rote. Chief Justice HT.ST addressed the Jury with considerable warmth and emphasis, and observed, that teeth.. if attention is to he paid by Juries and Courts of Law 'o the of parents for compen. sation for the seduction of !Mir daughtrs. .onie respect ought to be had for the feelings of Lathers, •hone sons ire seduced by the iintonness of the other sex. Verdict—Dannagea, (Me Shilling. NORTHERN CIRCUID. DURHAM ASSIZES, Tereact, Aim Li. CROICN SIDE. Refire Sir Joel?! BAYLEY, lint. Mary Slot/turd, aged 211, wile of Sharp Stothard, of Stutderland.o in this. county, stood charged upon the oath of llary Laws, of South Shields single wommi, sith having o n the 21ih day of July last, &jealously Moles two pait of shoes and IL 17e. his property, Mary Laws, examined by Mr. Aft /ISTSONG.--She resides at I South Shield.; lodged with a person of the name of Goode'; the prisoner lodged in the same house. 51te had the money men ' booted is the 'odic:mixt, wrapped tip in a piece of blue paper, i which she kept in her pocket. The o r i soner W ept i n the same mom with tier; her bed was about a yard from hers. She put the money under the pillow when she went to bed ; when she got up in I the morning she found it gone. The prisoner had gone out, lb ut earne in soon afterwatill. I said to her, " How could you rob such a pour woman as me ?" She said, " Old woman, I h av e neer* I it." I said, •• you have; let me see: and if you.dolvets torn go m • Magistrate directly." she then said if I would nee put my* hand in leer pocket she would give it me. Si te did, an d I let b ee • I go. I said I would do nothing against bey. 14'hed she was gone, I missed the shoes, but I could no; say die prisoner took them. John Airy martilned—fie is constabh. He took her afterwards. ' (The money was produced in Court, and handed over to the pro seeutri a.) The Learned Julies called upon the prisoner for her defence. Prisoner—" My Lord, they used me very badly; there was a multitude of people about me." The Learned J Dna summed sin, and informed the Jury it was not in the prosecutrial power to forgive the crime of theft, as it wm fur the general interest of the community that the guilty were prosecute:. The Jury consulted, ind brought in a verdict of Gary of steal ing the money, but not the shore. The Clerk of Arraigns said--" Prisoner, what have you to say why you should not receive sentence to die aotaerthng to law; kneel down and dolt]) the benefil of the Statute." The prismer then kntlt down: The JUDOE—Mary Stothard, you have been fond guihy of • robbing a pour woman ; that you committed the 'crime there can be no doubt ; and now you get nothing but the punishment; but in consequence of your previous good character, I shall only sentence you to three months confinement, and bard labour in the House of Comeetion. Ale:ander Porridge, aged twenty, stood charged on the Coroner's Inquest with having on the 4th day of May last, killed one William Johnson. Mr. GREY stated the case on the part of the Crown, and called Richard 113 es—llt was going up Newgate-street, near New castle, about half-peat eight o'clock in the evening of that day ;he obserre.l two young girls and two young men ; the prisoner was one of the men i he tried to get in the cart; he saw the deceased Imuck ;he said. " 0 Lord, lam killed !' It was done by the top rail of the cart. The deceased was taken up ; the hand mil iris not found at thin time, but it was afterwards. in the road on the Pith of May, by a person of the name of Hayes, and given to the constable. Elise' rib Turnbull examined--Shoftnew the deemed: she wag present whet it happened ; her comin Erringtoo was with her. Johnson got out of the cart and dir poisoner followed him. JUDO 11-I)id Johnson lay helot ' von ? 11—Farridge had bold of petveated it ; there was a rest noise and a quarrel ; *stick in his hand ; it was like the one now produced, (a law rail, spouts of a Fa t S yard long, and very 'trek) ; he was flar rim kin his hind. John English—Lie is a watchman 4ho ialudisd gm reisoner, who said, •• he was shod that it tumid gs hard shit kiss. John William Simmisson examined-410 is a surgeon. He was 'Mimi in to see tbs doused on the lb iliatiwill be examined his head ;he lived until.gisitth of IL a gun was a swelling en the • h ft ear ; there was • eseseusion of ; giddiness sod dimness of a ;;ht; a c rid skis sod other sysiManms ; there was a slight dis charge of b'ood rt.est gas ease and MOW stitm be was dud henpes.- ed his head; them MS)* Ili Id Wad, but es* water in the amity sf i t im c y osoc ammil ime• ; • blow or • fall IA wain Sill it at !ha mungegguiddigoso the exceeding pusamig aimed, which was Vspisid all pm ceden t. I . George Scott, another surges" Corroborated the (mum guntis• man's statement. Mary Johnson examitiod.—She is the mother of the tiewassmi.• She recollects the day very well j her son was whistling and dear. ing about the door ; his age was only eightees ; she did not beer him complain of 111-health ; the prisoner asked her to have a drink of tv.er after she returned from the Magistrate I she refused it ; ho exclaimed to English. that he could have split the block like &sheep's head ; I said, do you hear that, English t he mid he would be quiet when he got him to prison ; this was before her son died. For the defense Susannah Turnbull was exarnised—Sho knew the prisoner ; the deceased came to her house between fire and six in the evening, he said he had been rioting, and Ave days in the ketty (prison); thkt he had jumped out or a two pair of stain win. dow and had bruised his bead. Cross. examined—lle was leaning out, be said, when he fell i there wag • girl in the room 4 elle heard her father coming up and he jumped out. Elizabeth Cook examined—She knew the dessessd; she saw him fall with his head against a high walL Mr. Justice BAYLEY charged the Jury, sod said, if they be lieved the witnestms on the part of the Crown, and tha. the prtoner was the person who was the cause of the death of the deceased, then was he guilty of the crime of manslaughter ; and he saw uo rowel to doubt their testimony. The Jury brought ir. a verdictof—Gai/ty. On his bring asked what he had to say why judgment of death should not be passed upon him, the prisoner kneeled dean and claimed the benefit of the statute. The Learned Judge . then, in a very feeling manner, said, " Psi- Boner, you hare justly been found guilty of a very serious crime— , that of sending piematurely out of the world a fellow-creature in the meridian of Lb. It appears that you were in liquor, and you sea What it has brought you to—misery on yourself and sorrow on your friends. I hope this will be a warning to you, and all who neat nu,. to avoid the evil consequences of drinking, which, soon or later brings to a bed end those who here nut command over their pas *ions from its effects. Let me exhort you," aid the Learned Judo "to amend your future life, and by she sent e nc e o f the C ourt atone for your past misconduct; which sentence is, that you be imprisoned for the space of eighteen calendar months, and kept to hard labour, in the House of Correction us this County." After two or three eases of no public importance, The Foreman of the Grand Jury. the Hon. W. J. P. V. Powlett., M.P. then presented ii;mself. sod said from the gallery—" My Lord, we have found all the bill: before us, and we have reason to believe there are none further to be presented to us these Assia:s. We have, as far as we could, discharged our duty, by examining into the state of the gaol most minutely, and we are glad to in form your Lordship, that we are perfectly satisfied in every re spect with the state and condition thereof, and of the Governor's general conduct to the prisoners. Not stultified with the appear ance alone, we thought it our duty to inquire of the pransoes whether they had any complaint to make, or whe:har they hai received any harsh treatment firom him, and we are also ]sappy inform your Lordship, that the prisoners, one and el, confessed themselves extremely well used; and that, so far front having any complaint to make, they had every reason to be thankful for the kind treatment they had met with from his hands." Mr. Justice BAY LE then raid—" Gentlemen of the Grand Jury, the public have great reason to thank you for the attention you have paid to their interest; and I am very glad to find myself that an much regularity and good order prevail in the county. Gentlemen,] thank you most sincerely, and you are wow o:scharged from your office." . _ _ A true bill was found by the Grand Jury against Monne Aide. roe fin• the wilful murder of Henry Curry. lie will be tried es Wednesday. The trial of Japer?. William Hodgson, surgeogjor administering Poivon to his wife, was I. , aiti...ht up, but his trial postponed until the next morning (Wednesda)), the parries not being ready. This trial has excited great intrust, and was the caused the Court being excessively crowded. ELOPEMPNT.—It was yesterday rumoured in the we-Et, that the daughter of a wealthy tradesman in the E :st hsd travelled for the North, on one of those expedi; ions that maidens sigh for, and that prudent matrons eleprecate as most shanieltas and untoward. The companion (for there are few matrimonial excursions without one) of the yomig lady's flight is said to he a gay and gallant son of Mars, whose sole patlimony is his sword and a pair cf c d ,ura. It is also stated, that the young lady's disapik :name :rum home, at ■n unusual hour, coupled with other circum stances, had excited a suspicion of her design, and permit was commenced on the instant ; but owing to an extra ordinary and unlooked-for deviation in the lovers' track, the chase was abandoned, so that there is eetry likelihood the fond pair hare expel ieneed no interruption in their trip to the accommodating blacksmith at Gretna, who hat, wa presume, fast riveted their fetters long since. Mr. Alderman Cotton Itas tiAn elected Mayor of Catu • britige for the year enslti,i. i I, • If Is 1 1 .11 , . i . i i ill 1 .$i : 0 1 , 1I ( .) 1 lA, ii 1) 1 . . i i r