The British Press; or, Morning Literary Advertiser. — London, England, 1818-07-31 00:00:00

THE. LATE EARL OF MERRY. The will of the late Earl of Kerty was proved in Doctors' Commons me the 23d instant, by Eliita, wile of the Rev. Nathaniel Hinde, Clerk, the sole executrix. The property, in the province of Can t,,,i,aey, was sworn to he under 18,000/. It is fluted on the 27th of January, 1813, end c0m ,,,,,,ces with directions for an economical fune ral, the Earl desiring to be interred in West :winter Ober, in the same coffin with his late The 111.411 Verger, and his assistants, have u legacy of 50/. as a re-quits' for the trouble it may occasion them. All real estates in England and Ireland. awl shares of collieries in the county of Ibirhain, are given to the Marquis of Liiisdown and his heirs for ever, as are also the F.orl's claims upon the French Groterntnent for personal property, in plate, books, pictures, and furniture, confiscated and sold in Paris. These are stated to be parti cularised in a separate document, which is not, however, among the testamentary papers. The funded property is made chargeable with a siutnber of annuities and legacies, chiefly to see vents, and the remainder is given to the Society for Prionsaing Christian Knowledge. The residue is left to his cousin, Mrs. Hinde (whose maiden name was Cramer.) There are three codicils, the last of which iodated on the 6th of September, 1817, and states, that some rues ago, the Testator recovered un 'wino at law, with costs and damages against a Mr. Baxter, a carpenter, for the non-performance of a contract, which, however, the testator had vo luntary offered to mitigate, provided he would, by the payment of the mitigated stun, render further coercive measures unnecessary; that notwithstanding this lenity, he was so obstinate as not to comply with the offer, and the sentence of the Court was accordingly enforced; but not considering the put. nuance of the judgment to the extreiniity (however great the provocation) to be strictly consonant to the mild principles of Christianity. the Earl be wreaths to the said Mr. Baxter, cod Ina heirs or successors, the sum of 700!. sterling. HYDROPHOBI4. The following article has appeared in the Haat burgh Corrispondeni : The plant (Algoma Plesfage, finneast, whirls is miseress folly emploved as • erre for hydrophobia, grows in osier, either to inarslws, lakes, or ponds. It has • t ennt resembling nett of an onion The plant eientianws under rester r•td the mouth of Jour, at the rutoaresierment of which, or even dumng the mouth of May, irl a waewi tem perature, from five to Seven detached sprouts. of a km: roves form. shoot from beneath the maul. These sprouts have a reddish bark, snit each arc provided with a pointed, •nomiit, and deep-coloured leaf. In Ike month of Joist a 'milt appears, with a round green rout, resembling that of asparef,s. This stalk shouts from beneath the water, some. lnncs silk and sometimes without leaves. It is divided Mite etymal sprigs without leaves, at the extremity of each of which is a small trefoil flower, of a pale red hiker, which coistaina the peed. This plant is in bloorsom daring the whole of the summer season. The latter emit of disgust M the fittest lime to gather it. It is made use of in Ike following maonar•:—One large root, or two or three 5.0.1 0111.. ♦,e first well washed and dried in the shade. l'iwy are ilo ..1 educed to powder, and strewed upon bread soil hatter. and so this way administered to the patient. Ott the I,..ciparl, or at most the third Ilia!, this rvineily will de stripy Ott is. of the madness, however violent it may be, even when . symptoms of hydrophobia have already ap. p al, .1 This rout operates with equal efficacy on dogs been bitten, as well as oil mad dugs. During an int re. r.f 23 years, this specific has constantly been tumid all ii.falhMe preservative against madness. It has cured in. divilloals, to whom this disease had acquired so decided a eh iracti r, that they attacked and bit all who came near them, and nu symptoms of relapse were ever observable. Numerous cures have been ef f ected, particularly in the go. Irtilll. sit of Tula. Mr. F. V. Turgeneff liss lately sent from Mos. enw, for gratuitous distribution. 600 copies of an engraving unit description of this ',lsla. The Earl of PEMBROKE is named HS the person ltkrl to succeed Sir CHAILL6S STUARr. ss British ilibassudor at Paris. We regret to slate that D. B. DALY has exist.- tieliCril a defeut for the comity of Ci.ilaay—Jasima Dssv soil RICHARD MARTIN are seturned. .1 Court of Inquiry, consisting au Fit Id Officer 1.111 is Captain of the 88111 re;.•,iment, mid the In spector-General of the loarracks, N. B. are to meet :it I. rot IVilliarn and Fort Augustus, to isureatigate i;.to certain alleged circumstances and complaints to those garrisons. Wednesilas a Court of Directors was held at the Es 4 India Ilour.e. when the ships Essex and Isurreis i/RAIINAS were taken up for China. Pour American vessels were met in the Baltic aliaut ten day* since, proceeding to St. Petersburg!' in WIWI, in order to load with naval ►tares, with winch they were directed to return home. as speedily as passible. This is for from being the drat instance that color to our knowledge, of the eagerness of the ,lintricatis to provide themselves not merely with basal stores, but with ammunition and artil lery. Must of the American ships which leave the Thames, carry out military stores in great abun dance —cannon halls, pieces of cannon, and gun isnviler—taking in the latter at the place assigned for loading cargoes of that sort. Our, which sail ed five or six weeks since, carried out several 24 ' , mailers, guns suitable to no vessels under the strength of a frigate. All this is done publicly. sad we melanin' it as mete matter of curiosity, and slot with the slightest notion that it should be pre vented. The probab lily is, that many such ma terials have !seen re-sold indirectly to the South American liisorgente, that some are provided by and by Government for the war with blaster, soil that the remainder will he stored for any other war, to which the Americans nay suppose led by their " high destinies!" On Monday an Inquest was held at the Middle avit Hospital, on view of the body of ANNE AYRES. aged tight )rirs, the daughter of Mr. AYRES, of 61 .1- 041 vvl. Manchester-square. It appesred that the deers...4l with some other children, were playing so iiii tipper loom of her father's house, and among other Innis, the deceased proposed jumping on 11 1...11 tin alitilow-seat. The wintlow was open, and the deeeasi al, taking the first leap, overbalanced her•elf, and was pitched Mtn the street upuu lust]. Veldict—iiceidestrul Death. The LAk nNTBLLJVRIVCF.. COURT OP CHANCERY, Luicomes-lui, l'isuassAY, JULY 30. TattsTEES of REID in the Matter of ter), as luso/vest. Mr. Btu. stated this was a motion on behalf of the laisolvetit, that the trustees of his father might he empowered to pay him the interest of 7,0001. This ease (Wile WS to be heard before his Honour the late Master of the Rolls, who was of opinion that the Crown ought to be made a party to it. The circumstances were, that a gentleman, of the name of Reid, had gone to India and ace Oared some money ; on his return to this country he found that hr was bereft of all relations, but having an illegitimate son (the losolveut) lie was determined to provide for him, and vested 9,000/. in trustees for that purpose, wider the following provisions:— that the tiustres were to expend 1,01)0/. in his education and the putting hint forward as a mer chant, and when he olitiiiived the age of 16 he wss to hr entitled to the 7,000/. on condition that the trustees approved of his conduct, hid not otherwise, without making any provision who should take if they disapproved of his conduct, which they err hailily had done, for before he ultrained the age of el lie was so involved us debt, that lie.vons obliged to take the benefit of the Insolvent Act. The assig nee under that Act had applied to the trustees fOr the 7,000/. which they rt fused, considering Vint, tinder the conditions of the grant, they acre not bound to play it to the representative of the Lost& vent. At the same time, although they highly dis upprovrd of the conduct of the Insolvent, they h d no objection to pay I • the interest of the 7.000/. believing, if the grantor was living, he would afford him the means of support. But not bring author ised to do this by the provisions of the deed, they applied to his Honour for directions how to act. His Housitir was of opinion that the 7,0004 should he paid into Court, and notice served 4.11 5114 f ClOO/11 to appear, for in case neither the insigne,. °older the Insolvent Act, nor the Insolvent, wits eatitled to it, it would become the property of the Crown, as theme was no next of kin to the grantor. Notice had heels served on his Majesty's Attorney-General, and the Solicitor-General appeared now on the part of the Crown. He (the Learned Counsel) acknowledg. etl that this was not only a novel case, hut a most difficult one ; and that lie had not been able to find any case that he could quote as a precedent. It was, however, evident that no right to it could be vested in the assignee under the Insolvent Act, as it was completely optional with the trusser' "she. titer the Insolvent should ever be benefited Ly it. It was not like au expectestcy or property that might have been bequeathed to hint uticondi. tioually. It was a grant wider s certain pro vim—that of good conduct ; which had been broken by the grower. lie had no claim on the trustees ; but they, feeling that the grant or, if living, would not allow the object of his benevolence to exist iu want, while they had the means in their hands they thought they ought to pay him the iuterest. This was a kind of case in which, he was sore, the Clown would never press its claim. Under those circumstances, which he admitted were not free (rum difficulty, he trusted that his Lordship would allow the interest of the 7,000/. to be paid out of Court to the unfortutiote Insolvent. Mr. COLLINSON, Counsel for the Asiignees of the Insolvent, said it was impossible that the Court could make the order asked for, as the Insolvent had no property iii the money iii Court, for, ac cording to the Insolvent Act, all his contingent property belonged to the Assignee, as the repre sentative of his creditors. The Loito CHANCELLOR—" I cannot allow this application to proceed further. I Vies informed that this was merely a motion, I find it is the same as if I was hearing the merits of a cause. It is absurd at this time of the year to call on me to hear mo tion. which take up as much, and more time, tits', causes du. Besides, the Bankrupt Petitions are pressing on me, and hoiv I sin to get through them Ido not know. Let this motion come au after the Bankrupt Petition. are gone through, if that should be below the 15th of August, fur I shall certainly rise 011 1 lidt day." The So LICITOII-61611E11a r.—" A • Counsel for the Crown, I had no objection for theta to have this cause heard by the way of titan—at the same bloc, I was sine your Lordship would not allow them to proceed with it." The LORD CHANCIELT.OR—" I certainly cannot, I wonder trheir the irregularities of this Cuurt ore to crate." Mr. BEI. I.—" I had no wish to occupy your Lordship's lone unnecessarily, hut the case is one or a very pressing nature." The LORD CUANCELLOR—" I have no doubt of that, Mr. Bell; but how can I act otheewise than Ido ? Only think how lam attacked and per►e cuted day after day. It is very probable that this evening I shall have 20 or 30 letters it my house, complaining of delays in Bankrupt Petitions, and stating the miserable situations of the Petitioners. Mr. BELL. —" As this ease is mobt urgent, per haps your Lordship .111 hear it." The LORD CIIANCELLOR—" Every suitor's ca•e is urgent, and I will not agree to disappoint one set of suitors to please another. It is not cor rect to bring so heavy a motion now before me, to the prejudice of the Bank►opt Petitions, of which I have from two to three hundred to hear. Let this be put first in the paper, after the Bankrupt Peti. tioirs are heard. I think, however, Mr. Bell, you bad better refer the case, as was before suggested to yore." The SOLICITOR-CENERAI.—" I imp:getted to the other side., in the first instance, the propriety of postponing the motion." The LORD CHANCELLOR—" I have disposed already of the motion for the ',resent, and I re quest ►hat I shall hair ao more of it this day." It is dated in the Suless Post, that too of the Judges lately appointed for *lw county of Warren. America, f t flow to take the oaths again,' duelling, and that another detliors tl►e appointment altoge ther ; in consequence of which no Court run he held in that county until the vac:sticks are filled. 3 I , : POLft . E. now IPTRI“. Yesterday Iwo wane Gentlemen 'tormented themselves to Mr. Birnie and Mr. Conant, the &Wok Magistrates. One of them stated klienelf to be Mr. Wallace Hall, from the country, but at present pnietising in the office of Messrs. M'Allister and Cu. 'townies. in Freeman's -court, Gambill. Friday last, the Gentleman accompanying him to the other, and two oilier friends, went up Ilse River in a boat. In the evening a violent storm esine on of rain, thnnder,. and lightning. Abend *eve° o'clock it was so violent they were making for Putney.hridre to take shelter; bat they oh. served oa the Fulham side of the river • beano track leadiug to the shore, where they alighted from the boat and took abetter under a large tree, a few yards from the water, where they remained daring the sturm,and as they were shunt to retains to their boat, they were surprised by a gentleman, armed with a double-barrelled gun, and five livery seesaws. One of them appeared to be a groom, who was argued with • pitch-Oak, the other four were armed with Indian Otabeite a tubs. The Gentleman armed with a double-barrelled gun he understood to be Lord Raiselagli, and the men in livery to be his aervantn. His Lordalisp demanded to know what they were doing there? Mr. Hall explained to his Lord. ship the cau.e of their being there to be the storm, and slant they were abuse. to depart and return to their boat ; whir It was not satisfactory its his Lordship, who declared, that he and his companions should ',mower fur their conduct at Bow- Office. They expressed their 'Muteness to proceed there, but they were not conscious of having dune may thing that wits cognizable there, ass the exteut of what they had done could not possibly amount to more than n trespass, and that there Must be considerable doubt about, as they bail not got over any fence or hedge bat where they had taken shelter under the tree, aka' perl'ettly 'ones' from the River. Mr. Hall stated tit his Lordship that he and his compa nions were Gentlemen. Ile presented him his clad with his name and adslreas ; his companions did the same—but his Lordship doubting their representati ((((( one of them referred him to Mr. Scott. of Hammersmith, also is a Magistrate fur the e tttttt iv, anal who would pros e he was the person lie represented himself to be. This did nut, however, avail with his Lou slship. Ile observed, that he was constantly no. noyrd by a genteel rabble, alto stole his Bawer, and broke &au the Manche% of Ina leers. Mr. Hall, in answer to this, observed, that neither he nor his companions had auy thing to du with such acts., and were 'depot to depart when they were prevented by the armed servants by order of his Lord. ship, one of them press g a pitchfork, and anutlwr holding Hp no Indian club iii a menacing way at them. Mr. Hall rem tttt strated with his Lordship oat his comfort, amusing ham lie was acting illegally, mil that he was not justified in the course he was pursuing, Isla Isis Law& ship persisted in detaiesing them ; however, after some time, hr agreed to lel them depart, stn euudifiuu of their paying his ails for the Ir tale dory had in the Imainess, which wan ressisted by Mr Hall nod his friends lot about half an boor, when, finding all renitotstranee in vain, and fearing that the host would gel swamped and alluded, although Mr. Hall stated that he hail no thlisht hot that lie stoned Ise able in compel his Lordaltip to pay the value of the boat, pi wishing to avoid loot water with his Lisishilop, as he termed it, he agreed, and dill givis seven shillings to the servants, as a rowlition for ilwir la lease, and after that payment being. mule they were milrered to depart to their boat. —Mr. Hall slated, that out of cotirtesy to a nobleman, of the rank of Loral Rastelieh, he had written to his Lordship, informing him that he should raper' him to answer fur Isis conduct, in detaining him and 1.,s cum's:soli 0000 s half ass hour as prisoners, and for obtaining si vest shillings for his /Wl' r3nis, der. He sent the letter lay . h e post ; bait learned afterwards that he had directed it stroll'. by stating his residence to be Putney, just end of Fulham, but 1111 inquir iug at the Post.iilike, lie learned, that uldsungh directed wrong the letter had been forwarded to his Lordship's house; however, Mr. Hall, to make certain that his Lordship should receive the notice that be should proceed against him, as slated in the letter, he had sent a special messenger to his boast at Frilliam, to serve hint with a ropy of the letter, but he had not received any answer, nod be minderatood his lordship had come to town curly yesterday worsting. The Mag istrates were of girth 000000 that if 31r. Hall could hadswear he parted wills the money to the servants under pessunal fear, it aoutd amount to felony. Mr. Hall expressed his dettrinivalitot to indict all the ItlfT3llls. [We give the above as an exparte statement, as related by Mr. Hall in the Public Office.] About nine o'clock oa Tuesday evening information was brought 140 Mr. Fielding ; at Queen-square, that a most der prude sod alarming riot hail taken place by the soldiers of the Foot Guards having attacked the populace in the Broad. way, Westminster, and wounded many ; that the disturb ance had assumed the moat serious aspect, and the house. holders sod shopkeepres for their won, and the safety of their property, erre obliged to shut sop their houses. The worthy Magistrate sent a messenger to the goosed house, and Srrjraut Major Whitrow, with two strjoants and four cor• purely, and a do tarlement of the 3d Regiment of Foot Guard., under the direction of George Pop's., his brother Alfiell, Cooper, sad Dew, Police Officers, were immediately ilia. patched to lake 11w risiglearleis into conbroly, and suppress the riot. On their arrival at the wrote of 'dim, they , found Tuthill. ttttttt t York-atm-I, Chapel.strett, and all Site streets leading to the Bouarlway completely blocked up, every shop had the shutters up, and every window was crowded, the whole place appeared a scene of confosiou. The pawn( et was covered with blood, *rot no less that :00 soldiers its their morning dress, were engaged with a pr purtiouste nunslor of the mob. 'The military, with fixed bayonets, eleareol the way with considerable rlitfierilly, and formed a circle roused those principally concerned in the affray, who still kept tttt t regardless Of their appearance, when the Police "direr, jumping in amongst them, succeed ill taking fitters, of the refractory suldierv, and gave them in charge to their brr sheen in arms, who marched them off to the groard.house. It was past ten before the riot was suppressed, hut about that time serious disturbances broke mot its other quartets. George Norris, poor Mall, n painter by trade, residing in ebarrl.street, was met at the Corser of DeNieetreet, near the Abbey, by a party of the refs-acing soldiers, wls beat him severely, but irspnily tile constables, who erre patrol iug the street, came Op, and look o n e of them, named Ed.' ward Ward, into cantor' y, the others esemperl. Ward was exa mined ots Wechoesalay Infuse Mr. Marklaud, Whu, in severe terms, censored the conduct sit' the soldiers, and Oillefell the Prisoner to fuel bail. The mixt assigned was , th a t T ues d a y bring the anon ersary of else batik of 'Talavera, all the sol diers of Ilse Guards who were not out duty, and who hap. pelted to lie OH le MI 111.11 usemurable day, with their com rades the Waterloo niers, assembled in parties at the dif ferent public-1,0,1w,, to celebrate the victory as usual. Those who were at the Feathers, to the Broadway, were inter ruptcol by the appearance of amongst them, who was nut pleased at their taking all the merit to thew*. selves, and in very strung terms contended that the Wooden Walls of Old England promoted the glorious termina tion of the wow more than all the latest forces who served ureter Lord Welling ttttt . An altercation ensued, which ter. summed in the 01111.1 r I . llllllfilglllll to fight say of them, whets the challenge was serepted, and in a abort time he beat his adversary, and eternised, two others. The sot. alien, it was said, feat NI of his going off with triumph, had sheen some Awl play, and then the part of the sailor had been taken by the snub who collected ; boil the soldiers, who arc very 1111113.11/116 in that part, soon collected in greet num. bees, and would have done considerable mischief in the state of drunken's...* is which tiny were, but fur the wsesaure adopted by Mr. On Sunday night, a young woman was Potted on the road bt tureen Wrothaiii-heath, and Addingtor, in a elute of inseusibility. She had been most cruelly used, having bean dreatilully beaten about the head. uud un different portal of her body. She Was conveyed to the Angel at Addington, but it was not doicovereil who the poor creature was. She had been it, the Royal Oak. at Wruthain, pit Ike early pant of the eveniog. with a man who his since been taken cii,tudy. The woman Ices is a den• geruus state. ZEN? ASSIZES. SAIDSTOMB, WEDNIAIDAT. JULY Q 9. Before Mr. Justice Aosorr. The ease ef WYATT s. Hope. which has excited great local interest iis Kent, was derided this day. It was an action brought by Mr. Charles Wyatt, nominally against Sir George Hope, but in fact against the Board of Ordnance, for the recovery of the value of huge quantity of gravel, shingle, kc. taken from the strand ou the waters edge near Sheerness. for the use of Goversomrot in the con struction of certain public works in the vicinity of that place. Mr. Wyatt is Lord of the Manor over a considerable part of this strand, mid has exercised in the same manner as Isis predecessors the right of selling the gravel, sand, or slitigle thrown up or accumulating on the edge of the bed of the river up to ordinary sprint-lide-lionrk. A considerable Ironic has been long carried 1.15 in this gravel, sand. kw. It is used in large quantities for ballast, repaning roads, making Roman cement, &c. Govertstnesst used a large quinotty of it ; hut some difference having lately taken ;dace between Mr. Wyatt and the Board of Ordnance respecting the contract, the latter resisted the right of the former, to have any claim to the soil between the common tide-mark and the ordinary spring-tide lisle. Thus denial of his right to the inner part, which W;l4 the most va luable, and from which the gravel was chiefly dug, rendered it necessary to establish his claim by law. The evidence iu support of it consisted of h irge . masters, who had for upwards of 40 years dug out of the spring-tide mark, and always paid the lord of the manor for the privilege ; and also of docu mentary evidence for a century past, to sheer. that the stew:lids of the several lords of the matiurs were umformly paid fur tho a tine permission. Mr. Justice ABBOTT asked the Counsel for the Delendesst, whether they lied evidence to *hew any thing like u strong case against this mess of au thority in favour of the lung existing coat . Oil being informed in the negative, he immedi•telv directed the Jury to find for the Plaintiff, which was accordingly done. CASE OF ASS %t TUE NINO r. REELS and OTHERS. In this case 11-Ir. fierce, 011 opulent shopkeeper at Chatham, Edwards and Wright, two of his rhopinen, wul Po a cher, his puller, were indicted by J. Bulls, 0 piivine marine, for an assault and bake imprisonment in the cage of the workhou►e of Chatham. Balls (and a comr.ole of bis corroborated Iris evidence) swore positively that at eleven o'clock on the night of the 6th Asigust last, ■s he was re. turning to his barracks, he 'unopened accidentally to brush by a young girl with whom Mr. Reece and his shoproan and porter were chatting at their own door, they all immediately ran at hint, seized his bayonet, and though corporal Livic came up and offered to take Balls to the guard-house, and be responsible for his appearance on the following tuor g, they insisted on taking him to the cage, *hoe lie war locked tip all night. Halls will, he we. best and. kicked so severely, that he was confined to the hospital for four teen days. The marines further slid, that Mr. Reece exclaimed, (an, you d--d soldiers. you are ■ set of vagabond. altogether. I pay lazes to keep you, and puriosit you wherever I can catch you." The Prosecutor s inf. that the only iwovo cation he gave was, that " of being a marine." For the Defendants, the watchman who took the soldier in custody, a Phopnaeli of Mr. Reece's, and a neighbour who witnem‘ed the transaction, deposed that the Prosecutor was the aggressor; that he hail drawn his bayonet and rut Edwards; that be had said, he'd " assault hi* father or King George if he stopped his way ;" and declared he did nut care a pin fora watchman, as he had paid 2/. l'or capsizing one before now ; and the only thing he regretted was not having given the fellows four inches of cut steel. Verdict—Gue/ty %anon all but 11'right. EXTVISIVE PLUNDER.—A rubbery to a very considerable extent was committed yesterday at noon, in Oxford-street. A Mr. BURTON, who resides in Leicestershire, was attracted by some foreign rnusiciunr, and he stopped to hear thins play. Them were come genteel looking men in Cork touts about him, and after be had left the spot, lie found that lie had lust not only his pocket book hut the flap of his coal. The hook Contained 1,500/. chiefly in Hinckley, Lei..estershire, Coin inertial Bank, sod sonic notes of the other Bank in that town, in ten pounds. The amino in Bank of England notes was 5651. Information was given at Marlborough.sireet Police-office, but there is as yet no clue to the robbery. During St. Boswell's fair Heir KelsoonSattirolay last. there wall Is violent storm of thunder awl rain. The thunder so biglitened the horses exhibited, 'bat several broke f their keepers, and ran wildly about the ground, to the great alarm and danger of those present. Two stied were struck by lighinillg about four o'clock in the afternoon, on the rood from the fair to Earleston; one of thirsts, numsql JAMES AITKIN, residing iu Kelso, was deprived of all sense and motion, and carried to the 'merest farm house, where lie lay si considerable time before he recovered so is to be conveyed hone ; he still con tinues very ill. The other moo, who w.ss struck about a ni.le f A ITKlNorsis seriouly iisjort d. In the afternoon of Sunday se'imiglit, a tietnen dous fall of rain, called by the country people a water-spout, fell upon Danyshield Common, and caused the rivulet which plaints Oiterburis to over flow its banks, carrying navy potatoes, turnips, corm. &c. The rise was so rapid, that most of the inhabitants of the village of Otterburn were corn pelled to quit their houses for safety ; the women and children were carried off upon the men's shoulders. In a few inioutes all was confusion and desolation.—alr. Andersois, or the tint. suffered greatly ; his low apartments were all inundated to a considerable height, the ale and spirits in the cello were all set afloat, and his garden and coin _ pletely spoiled fur this season. The stream iotered the shop or Mr. A. Ttiostrvom. grocer, and wa• In a little time eight inches above the counter. Mr. THOMPYON undoubtedly would have perished in the flood, had not his long coat kept him buoyatit above the water, unt , l rescued by some of his neighbours. The scene ass truly awlur—swine, hay, dunghills covered with poultry, ;tad v.iriims utensils of husbandry, all dritrru oft by the flood. —(Nerecasile Paper.) *O.,W IR'ILAND. TIPPERARY Assizes. • . CLONNEL. JULY 2 1 !. John Condon, John Murray, John Scrughaw4 end Richard Parks, were indicted for the tau der ' of Daniel Ryan!, at Bailinlinty, near Tipperary, tm the 13th of September lasts For the pros.-oitiors. John Brien swore, that i.e I Was by *lOl Daniel Ryan was shot ; a number them had been making hay ( owing whom was Wil liam Ryan). The shot was tired by Murray, and the deceased Iced not given him sissy previous provo cation whatever. Brien, and those with him had beets It symisking in the meadow next adjoining that into which the Peelers had come. He ki s ou s the Prisimers. A her the shot, Palk* and the Peeler• took the forks and taloa from the hay makers, who were sill about Ryan whets he wus shut. He said, that he never swore that Pal ka Bala Ilse deceased was going to minder What it was nut pat k. who struck Dussiel Ryan, and that lie 'sever saw Curran do any thing. William Apses, the brother of the ilsceased, swore, that while he And others were at wits k giving hay at Ballmlitity, Pinks went to the gristmill—de sired him to stand, and 'presented a pistol sit him. Sortivof the people came up, and wit; le he wits b gaged with Parlos, Murray shot Daniel Ryan. Ile said, that he never had told any (The that Parks was the peewit who Sliest 1131111. Ile admitted that on the I h 1 ., I usy the outlay eonsinhl rN who hurl gone to the s'ime neighbourhood to execiittra war. rant, were beaten Severely. and two of them left for dead, within four fields of Ilse where plate Ryan was killed. Ile heard the constable call to him to stop, and did not make any resistance: TIIIS 11111111 Was in gaol far the rescue. John Mesinry, one of the extraordinary !Wire, swore, that lie was one of the putty n ills Morro y and Parks; that they went to execute a narrai,t against ruffle persons for rescue committed the slay before, and Ott they hail a warrant for 'hut t see pur pose. I , eiw .0111 wit, it pose. He did tin an dead. He saWWrti. liyuis there in a very outs a.;eoscs manner, wanting to fight ; and when lie saw Palk*, • William Ryan bade them to take that ruffian (Parks) out of his sight, for that it ass he- killed ins brother; the first time Watley saw 1 ) :0148 011 the ground, he was cut and bleeding at Ilse louse and mouth, awl one of his fingers cut, as if strugglii.g to keep his pistol ; and he saw William Ryan at. tempting to wrest the pistol out of his Land. James Millar, chief countable of the extraordi. nary police, swore, that on the day in question be was on the road at some distance, near a quarter of mile from where his men were, at the hate that he saw William Rpm running in his shirt ; that one of his men, whom at n distance he could lust identify, came up with Ryan, and they stn tigglid. A great number of persons, to the amount of lurty Or fifty, then came up towards his party, armed with pitchforks, clubs, and rakes, in all directions t the men were struggling five minutes. Ile heard the first shot fired by Parks, and ttyau said, it was wits Parks that killed his brother. tie made iatt directly towards the place, but was forced to arrive at it by a round which made the length nearly half a mile, and before he reached it the second kliot had been fired, and Daniel Ryan killed. The 'people were very furious, and he called his men and took them offas quickly as possible. The persons against whom the informations hail hems sworn for the previous rescue being a man who could identify them was taken with tl n police constables for that purpose. IViUtam Ryan was armed with a pitchfork, and the appearance of the party was to rescue ‘Villiarn Ryan, who was Park's prisoner. Millar gave these men sin excellant character, for sober peaceable conduct, during the existence of the establishment. The Learned JUDGE charged the Jury, with his wonted humanity and judgment, and after some time spent in deliberation, they returned wish a vets dict of Guilty against Murray owl Park.. For the latter conviction (Parks's), his Lordship could not concur that there was the slightest foiidatioe, and therefore, sent back the Jury to reconsider it. But they persisted, and found both these men Gailly—acquitting the two others. Judge DAY, immediately pronounced ',entente, and ordered Murray for execution on Friday, but, distinctly told Parks, that he felt it would be his duty to represent his case to Government—and therefore allowed time for the interposition uf mercy to him. And the Grand Jury having prestnted to his Lordship a very strong memorial on behalf of Murray, he has been respited to give time for trying the effect of that application. N , ig ♦l y 9 KERRY ASSIZES. TRA LEE, JULY et. At four o'clock this afternoon Huron Sstt rst ar. rived iu town, mild immediately proceeded to the Court-house, where the Commission being read, the Grand Jury were sworn. IVlten the book was handed to Mr. Hussey, sin objection was made to him as a Grand Juror, by Counsellor GREEN, in Consequence of on indict ment having been preferred against emit, which would appear before the Grand Jury. Mr. BFNNETT immediately addrt %sell Heron Smith, and explained tine Itch. upon which this sta.- Kolar application a founded. He said, that Mt. Hussey, in his sitmattoll as: , Magistr a t e , h a d tali.: it . - informations on • ch.trge of smuggling agatii.t person who itainediAtety fled, hut returned i,i some time, and swore agaibst Mr. littasty fur the ante I offence. Under sueh circumstances a genilt - Man i a character alinalrl not be atigatatised, by (1,. placing hint, upon untie statemeot, from the eo bon of Grand Juror, to which lie hid butt Basin SmlTu said he had nev.r heard of a Kinn. lar application. Mr. GlieliN then said, that perhaps it were not altogether decorous for a Grand Juror to sit in juelgotret upon Initi.rlf; but t h at hating acted in confotinity with in. 2.1U011111%, lie should nut nir- Ther press the ohjeetio . .., mod leave the matter to hie Mr. flussey was sworn. liirun i a r n t . t i a t t i l i t e l y tes t , e e t t i l re t d he to tl ti ra ie t i t r il i J w itry tii very briefb. patch of business. MI 111 R