The British Press; or, Morning Literary Advertiser. — London, England, 1825-01-27 00:00:00

I I I R 111 P"" - the time that Faulkner and his party were committing that riot," each rid such things occurred at the hall. Thus, by dropping the words " informed and believed," they insinuated a positive allege.. elien that Mr. Faulkner was concerned in the not, although thy Uri jut heave sworn as to their information and belief only of tie *A lifbeillersera Garter. in his affidavit, said,—first, that fit MOM all the above statements (meaning those contained in the ' allMavite of Falwaras and Topharn) were true, and he then pro. sodlo say that a short time after the said John Faulkner had foss the town ball, he ea. &crowd of the it &Ten. mrsids+ opposite the Exchange and ;he ..!'lrwen's - ii she by Mrs. Leet . • that he saw the said John . ihollistw addressing lied encouraging them to aci a of riot and out. mukiims that they then proceeded to break the windows of that s, by throwing potatoes, cabbage-stnnips, and other missiles. Me (Mr. IVillianns) would stop to remark here, that, as to the out. eerie apes Mrs. Le't's house, all the deponents were to their la tag present at the commencement of the riot. The next affidavits were those of two other persons, by the name of Keen and Lewis, who cettainly did, in some particulars, speak to facts. They state that they were present in the crowd when Alr. F. came tip with about 'tease throe other persons, that Faulkner then said, •• New, my lade, *vow away ;" _ and thereupon both he and the inch began to 31 Ilb dia 'Wows of the Saracen's Head Inn. teal to demo. 'lllth the elievbeerd : se that they also saw the CO MMencoment o f r h llirialie. But having sworn thus far as to tact., the y then Ma Mere information and hearay, and swear that they Eisrad believed what had been done in the Court by Air. eel his party. But they, too, failed in statirg from they bad beard it. It might have been from Edwards NA Taphole themselves, who were most deeply interested in the =ram, and whose affidavits he had already shortly stated to the Court. i But if Keen and Lewis derived their information far .thee persona, end their names haul been mentioned, it void have given him an opportunity of animadverting upon the weidawits of such other persons not Laving been tiled. 'fled, Lordships would perceive that throughout these alfidavis the yeeearaings at the Hera, and the riot out of doer, had becn repos sessed as one continuous set, as tar to regarded Mr. Faulkner, mad a simultaneous orte as regarded the conduct of the party; fee same of the defendants, whose cause had been entrusted 10 Mine efficient hands than his, were charged with riotous eon. dam in the Court, while all these outrages were taking place without. But what would their Lordships say, when be shard tell them that, so far from this being one continued ate, more than live or six hours had elapsed from the time that Mr. Faulkner left the hall before any symptoms of riot or dis atdarly couduct en the part of the people had been shown. It would appear, by the affidavits which he should read, that Mr. Faulkner had been to the house of his friend Mr. Ward, and had dined with him, before any of these disturbances in the street sect zexi. 1 ate LORD CIIIEI JUSSTCE—Mr. NI taiano. if there be contradictory ewer's - 1. could not the matter gn to a Jury ? Air. WILLIAMS replied, that there was not a shadow of proba bility io the whale story of the persons applying for this rule • and be ousted that their Lordships would not send this down to ;Jury aesinet this young man, who was of the greattet respectability, and who would be most seriously injured by an inquiry of such a no. sure being insteuted against him. He would rot rend the affida vits throughout, but would state the facts sworn to; and if, in doing so, he in any degree exaggerated them, he invited to be recelled to the very words of the affidavits themselves, It ace. peered by the affidavit of a person of the name of Alallock, that lee saw Ala Faulkner and Mr. iYard returning from the house of the latter, where lie had been to dinner. in the dire-thin leading to the ctowd °lmams assembled before the home of Mrs. Leet, and that be observed them stop about thirty yards before they tame to the crowd, and conversed with the Rev. Mr. Hamilton. ale (.Jr. Williams) had the affidavit of this gentleman, who swore that he b and the smashing of windows ten minutes previously to his being aide by Air. Faulkner and his friend. There war also the affida vits of four other persons, all of whom swore that they were pre vent at the minnsecement of the riot, that they did not see Ale. l'..t.limer there when it began, but that about ten minutes after eethe they did see him, and two cr three of his friends come up. :do tench, then, for the truth of the ststement that Mr. Faulkner was present at Ile commencement of the riot. He would pow just state is, what manner the riot did originate. The independent warty. having paraded through several of the streets, at length came alp to that part of the town where Mrs. Le't's house was situated, witch was tinted by the other party, called the Grosvenor, or Cor poration Party. No sooner had the independent party arrived 'at this spot, than the Grosvenor party commenced throwing potatoes, turnips, dirt, cal other mieeles, at the independent •perty, while they were passing by, and one c.' the Corporation party, by the name of Thomas aoutheroh, struck one of the in dependrids ; a conflict then took place. and the independent party put their opponents to flight, who sought refuge in the house of Alm. Leet, the door of which was testent d. Then, and no: till then, upon the spur of the occasion, and when, their feel ings were violently outraged ar.d irritated by the conduct of the Corporation party, did the indepeadenis begin to break the windows of Airs. Le't's house. This, then, was the cause which did not, in his opinion, look much like a premeditated riot on the part of. and urged on by the rresence and speeches of, Mr. Faulkner ; but it was rather a justifiable expression of resent. mect at the vioent at rack that had been made upon persons who were peaceably passing along the street. He would not in this Court pretend to say that any thing that tended to a breach of the peace was justifiable, but, in a popular sense, he certainly did con. calve it was such, as being the natural result of injured and in sulted feelings upon the spur of the moment. He had now gone through the affidavits so far as to show that Mr. Faulkner was not present at the beginning ot*the riot, and also how that riot corn. minced. Ile would now read to their Lordships what Mr. Faulk ner did when he came up to the mob. Ile had the affidavits of four persons who saw the beginning.' and who also saw el. Faulkner come towards the people ; they farther swore that Air. Faulkner en deavoured to get the people to disperse. and that shortly after he did prevail on them to do so ; but they did not hear what he raid to them. There role, however, a person who swore to the language of ?Mr. Faulkner : he stated in his affidavit, that just before the people dispensed be heard Ale. Faulkner say, " For God's sake, be quiet," and they were so soon after. Ile had also the affidavit of a person by die name of Roberts, who swore that he wet looking out of a window near the scene of riot, and that after the win dows of Mr. Leet's house were broken, he saw Dlr. Faulkner tome up and prevent two boys from throwing stones; he further stated that John Garner, who is described as a gentleman (proles. atonally so of course, not in any other sense), was present, and that he (Roberts), heard hint say to one Davis, " take notice of some body," and that Davis soon after turned round and said he had no. ticed Mr. Faulkner, and to which Garner replied. " that will do," but Davis refused to criminate Mr. Faulkner, because he said he was endeavouring all he could to prevent the riot. Ilerc, thee, he (Mr. Williams), had a deponent swearing to what had actually taken place. The only person who spoke to the outrage on the Ex. change was this same Garner ; it rested on his evidence alone, a person who was intoxicated at the time; for Roberts, In his of& davit, stated, that lie verily believes both Gurney and Davies to be in liquor while they were together at the riot. There were a variety of other affidavits which be had in his power to produce to their Le:ditties ; several of them made by persons who lived oppodte the Exchange (for to that part of the charge lie now addressed himself), and who said that they knew indeed that there ens a riot! within, but that they did not know of any without, nor did they ' believe that the windows were broken by persona on the outside. He would trouble the Court with one affidavit more, because it came from a person who was a partizan of the opposite party to that to which Mr. Faulkner and the other defendants belonged. It was that of a person who was a confectioner of the city of Chester, a f:eeman, and of the Corporation interest. Ile swore that he knew Alr. John Faulkner, that after the clove of the election of Sheriff is October last, there was a riot at which he was present ; that the said John Faulkner carne up to him and stood by him for some time ; but that, while he so stood by him, he did net urge the independent party on to attack the other, nor did he in any way encourage the disturbance, but on the con trary, he expressed his regret at the conduct of all the persons who were engaged in the riot. Hem then, had lie (Mr. Williams) the affidavit of one honourable man on the other side (among whom Le had no doubt there were many . more such) giving an honourable acquittal to his clime, in opposition to what this drunken attorney Lad bad the brazenness and effrontery to charge and swear against • • him. But he could not avoid asking why was this zeal evinced so strongly on the part of the magistrates, wbo came forward to swear to mere hearsay In support of a criminal information? It was semewhat difficult, perhaps, to answer this. But one of these gen. denten is known to have come up to Mr. Faulkner, and to have ad dressed him somewhat in these terms:—" You, I understand, are the person who Is fishing out the grounds for a quo warrattio against the Mayor," to which Mr. Faulkner replied, that, if It. were to be &Hewett to appear before the magistrates, be would soon convince hint oft ie groundlessness of his information. Alight not this circumstance account for the earnestness of feeling chows by the Mayor and Magistrates against his client ? It was well known that a quo sourral. to had been replied for against the Mayor, and that the matter was still pending against him. He would not worm* to say in 'hat Court anything which would call down the displeasure of tbeir Lonlettnps upon him; but he could not Tear obsereirg, In conclusien, that, if under any circumstances, any thing like a justification or palliation of a breach of the peace multi be made, it was what an attack had been tnost outrage. ously made en men who were peaceably exercising a public right, and when these persons acted under the momentary impulse oe the irritated f. ring produced by such an outrage. And as lie haul in his defence of his dire:shown what were the circumstances out of which the riot charged against him and other defendants erase, he trusted that their Lordehtps would extend the benefit of rho exculpation wieeh he hz.l so cotneletely afforded on the'part of fir. Faulkner, to all the other persons included in this proceeding, as it ass only right that the head and front of the nee:niers, bens treed from the charge, the subaltern delinquents shou%d be so too. Mr. CitsT.T y followed on the same side. After the able manner is erhich Air. Williams had addressed their Lordships, it would hot be necessary for him to trouble them at any length. He hoped their Lordships would not grant a criminal information &Leine: his 'tient without a strong and probable cause of suspicion was assigned Mk their doing so. Lord Holt said that great caution ought to be fatten b•' ire a criminal information was allowed to be tiled, foe tba retsco, that no action for a malicious prosecution would lie, .a :d that though the party charge should be successful, pet he had ro remedy for his costa. Here there could be no action for perjury, fir, with the exceptian of the affidavit or Keen, who, it was stated, had been convicted of a crime, and was not worthy to be believed on his oath, rot one of the persons had sworn except as to his ita formation and belief. . . Me. PARR appeared for the defendant, firiffith.—The charge ICiabst Alt. UttNth had nothing to do with the riot which took .lair' s but only to what occurred in tlit lour. Thc principal charge was, that lie endeavoured to prevent theelection of Mr. Sheer ing taken place, and that when it was becoming favourable to that gentleman, he got upon the table and interfered with his being sworn in as Sheriff, and frequently exclaimed to the Mayor,— " You sr.: not Mayor,—you have rot been legally appointed, and you have no authority to act." This was sworn to by ose of the two clerks spoken of by lilt. Williams, but not by the Mayor or M setter.. te. The Loan fritter JVSTICE—The Mayor and Magistrates swear positively ea to the nut, and that they verily believe Mr. Griffith anti the otffirs were rorcerned jot it. Mr. PARE said, that it was rather extraordinary that the Mayor, who was elevated ebove the Teat. should not have been able to swear posttieely to the persons win insulted him. But he had affidavits, in which it lirt• sworn that Slr. Griffith sat next to the check c:erk from the beginning to the r d of the election ; that lie left the hall when it eloaed, berate Mr. Sheering came to be sworn, and that in doing so heves obliged, from the crowded state of the ball, to walk iieroswthe table towards the staircase. One of the af fidavits stated that the wie.dows of the hall were broken from the i oder, but thee Mr. 04th was then ecne. Mr. Justice BATLEY—The affidavits state that the riot cont. meeced before the close of the poll. Mr. PARK said, he would address himself to that presently. The other clin-ge he conceived to be the most serious, that of preventing the swearing in of the Sheriff: Having eizproved that part of it, he would este what degree of credit was due to those who made it for any o her portion of the rwtatentent ? They, in their affidavits, said that in the course of the election Mr. Griffith and others fre quently told the Mayor that he was not the Mayor, and had no legal authority to act. Now Mr. Griffith, in his affidavit, said that he was cheek clerk, and hail frequently . toexcent to votes, and that, owing to the crowded and inconvenient state of the Hall, he was obliged to get on the table three times to address the Mayor. He stated that Edwards; who was a poll clerk, had refused to register a vote for Mr. Whittaker, and that the Mayor had directed him to do it, but he still refused. and was so vociferous in his conduct, that the Mayor threatened to have hint turned out of the Hidlif he did not sit down and be quiet; end yet that was the person who was chereing his client with a disturbance. As to the expression used to the Mayor respecting his authority, even supposing Mr. Griffith to have used it. he hoped their Lordship would nut grant a criminal information for suck an etpreesion, when there was. a quo searrarsto lying against the 3lsyor, iti which the freemen of the city must naturally feel interested, and on sr ch an occasion might be induced perhaps to express their opinions rather freely upon it. .Mr. Pears. appealed on behalf of Harris, Evans, and another. His arguments were similar to those used by the Counsel who pre ceded him and he produced affidavits contradicting the allege tior.s against his clients, in much the sante explanatory manner as in those already read to the Court. He hoped their Lordships would not grant a criminal information, when the charges were so directly dealed. In refusing this, the complainants would not be denied of a remedy. They might still go to the Grand Jury anti proceed by indictment. Then sby should they be favoured with a criminal infomiarion under such en cumstances ? In a case of quo a:ern/do, where :here were contradictory affidavits, be should there perfectly well understand why a Rule should be granted • because there the party had no remtdy, but here the cam was very different. The Learned Gentleman then explained the conduct of his clients, and accounted for those acts which bad been construed as being riotous; and endeavoured to show that they were nothing ' tame than whet Might be done with the greatest propriety by any one. In conclusion lie observed, that the uniform contradiction that, had been given, not only to one or two particular facts, but to the whole train of them, as act out in the affidavits in support of the Rule, did in his mind afford a strong reason for doubting the accuracy of the statements altogether. Acd their Lordships would not fail to perceive that this was a case different in its circumstances from arty that had hitherto occurred ; and he hoped for this and the other powerful reasons that had been urged by his Learned Ftienda, that their Lordships would refuse to make the Rule for a criminal information übsolute. Mr. Scanserr replied in support of the rule. He said the fasts had not been denied by the other side. That a riot did occur in the hall, and that a riot did also occur before Mrs. beet's house, and that tlto windows of that house were broken, were all admitted. In the nth-levied' Roberts it was stated that the persons did get up upon the table, and for what? to remonstrate with time Mayor; quietly to remonstrate wi.h him—quietly to brandish their arms (those which nature gave theor)—quietly to insult and intimidate hint, and quietly to tell him that he was not Mayor; that he had no au thority, anti had not been duly elected. But what right had they to get up on the table, and remonstrate with the Mayor ? His ar gument was, that as their words and conduct were caleulaidd to irritate the feelings, they were answerable for any riot that might ensue front such a state of feeling. He did not find that Mr. Faulkner had, in his own affidavit, denied his knowledge of any riot being about to take place; there was no negation of his knowledge of the assembly of the mob. Ile certainly denied being cone.asted Latheir ptoceedinga, but that was a very different thing from being ignorant of them. It bad been asked, why . was not this sent to a Grand Jury? The reason was very obvious. It hail been stated, that time feelings of party were very high in the county of Cheshire : if so, it would rot be desirable to send this matter beide a Grand Jury, becalm it was lc-atonable to con clude that some of the partizans would be on that Jury. lie cer tainly felt that sutlicient had been Adduced before their Lordships to call upon them to grant the application now made ; and lie ap prehended t h at it was important, in order to ensure the people the quiet use and enjoyment of their rights, that their Lordships should interfere. Mr. TAUNTON* followed on the same aide, and said, that he looked upon their Lordships us in the character of a Grand Jury in this case; and that, in reviewing the whole of the case, it was for them to determine whether there was not a suspicion er pro bable cause strong enough against the defendants, so as to justify their sending it to a Jury of the country. The motive of the defendahts in causing a disturbance in the Hall was obvious. The election had lasted three days, and was now upon the close, while the Independent Party, as they were called, had several out voters still to arrive and be poll,d ; and their wish, therefore, was to prevent the election being closed on the third day. The Learned Gentleman then commented upon certain parts of the several affidavits bled on both aides, and contended that enough had be,en shown to give a probable cause of suspicion against the defendants, and to warrant their Lordships in making the rule absolute. Their LORDSHIPS then consulted together a short time; after which The LOAD CHIRP JUSTICE said, that they would look into the affidavits. There were so many persons, and so ninny a ffi . davits in the matter, that they required time to be considered. 3--etsaw-- COURT OF COMMON PLEAS, WESTMINSTER, WEDNESDAY, JAN. 26. _WICCS V. CLUTTERBUCK. This was an action for trespass and false imprisonment, tried be fore Mr. Justice Park, at the last Summer Assizes for Hertford. fur plaintiff; with damages 33/. Mr. Sergeant TADDY, fur the defendant, subsequently obtained a rule to show cause why a new trial should not be had. Mr. Justice IiASELEE now read the Judge's notes taken at the trial. It appeared that the plaintiff' was on the 17th May angling with a rod and line in a certain piece of water called the Reservoir, nt Aldenham ' situate on what was formerly common land, but it had been inclo sed, and was now the private property of the Hon. and Rev. Mr. Capel. On the information of that gentleman, the de. fentlunt (a 31agistrate of the county) granted a warrant for the ap preheosion of the plaintiff; who was accordingly taken before hint, and summarily convicted, under the Act of 6 Oeo. HI. cap. 14, and ordered to pay a penalty of 34, which on refusing to do, lie was sent to prisen, where he remained In confinement for seven days. The warrant of commitment did not state that this was an inclosed ground. The defemlant directed the gaoler to let the plaintiff have a bed, and to %mike him as comfortable as possible ; but the plaintiff refused any indulgence which was not extended to other prisoners. Mr. sergeant VsunTIAN rose to propose the Rule for a new trial being made absolute. Ile admitted the very great importance of the cause, both as it regarded the Magistracy and the subjects of this country; but he entertained a confident hope, notwith. standing, that the Court would net think proper to disturb the ver. diet; for no one who had heard the Report read, but must be satisfied that a more moderate and reasonable verdict had never been given. This was an action of trespass and false imprison ment ; but, in fact, there were two trespasses the first was, that period of detention which the plaintiff' suffered under the warrant of apprehension; the second was, the imprisonment under the warrant of conviction. It was strange that this harsh mode of preceedlng should have been adopted against a person of respecta ble station in life. The pLantiff had formed/ been in trade, but had retired from business. He (Sergeant aughan), would its. some, for the sake of the argument, that the plaintiff in fishing in those waters, was a trespasser, but would any man have thought that the Rev. Mr. Capel, a Clergyman and a Magistrate, would , have applied for a warrant without giving the plaintiff any notice that be was a trespasser; and if he were so, why not proceed against him by action at law. The Learned Sergeant proceeded town. tend, that every commitment must mention the crime for which the person is committed, or it would be false imprisonment. For this he cited Boucher's case in Hawkins, chap. 13, sec. 11. In the pre. sent case the conviction was drawn up a considerable time after the commitment. Mr. Justice 817 RO cclt—That is matter of every day practice; there is nothing irregular in that. Mr. Sergeant VAUGHAN admitted that such was the practice. and where every thing else was regular. it could not be complained of; but his objection went to this, that a man might be taken before a Magic:rata for can offence, which might turn out to be no offence, by a reference to one Act of Parliament ; hat if the Magis trate had ref:Tred to the proper Act of Parliament, he might have been convicted; but he could not be allowed therefore, inouths afterwards, to convict him of a different offence, which had not been inquired into at the time of the commitment. The Magistrate must pursue his commitment ; for this he had a very recent care in pond, tried before Alr.Justice Park, at the last Summer Assizes for Hereford, the ease he alluded to was that of Rogers v. Jones, as *reported in Ryan and :Sloody's Nbri Prise Reports. In that ease the plaintiff was convicted of having cut down certain ash trees, for which he was fired 2W. and in default of payment committed to prison. He brought his action against the Magistrate who com mitted him, and on the trial the conviction was put in, but it was objected hy the plaintiff's Counsel, that it did not pursue the com mitment, inasmuch as the commitment was under an Act, 4 Car. 11. tend the conviction under 6 Geo. 111. and the Learned Judge ob. served that for aught which appeared to the contrary the conviction produced was as to this cause mere waste paper. The Jury found a verdict for the plaintiff, with 2:V. - damages. A motion was sub sequently made in the King's Bench for a new trial, on the ground THE BRITISH PRESS. that the conviction was regular; but the Court refused the rule, and held that the Magistrate was bound by the erroneous commit ment, notwithstanding the regular conviction. To the good sense of that decision he (..tergeant Vaughan) submitted the Court was bound to subscribe. Mr. Justice ( L aSELEE, being obliged to sit at Nisi Prins, in London, the further consideration of the case was postponod till to-morrow. _ _ At the Niel Prim: Sittings, afterwards at the New Court, a few undefended causes were disposed of having no public interest. CONSISTORV COURT, WIDXESDAY, JAN.'_!. [Erftre Sir C. Itozixsox, Bart.] An application was made by DT. SWARTY, on the part of the perish of St. Illarnin's.le-Grand, for a taculty to enable then: to pull down a Church in St. Martin's-lane, Catmon-street, situate in the ►aid parish. and used since the Fire of London, for the service of the French Prottstants. The surveyor's report of the ruinous state of the building being read, the Court granted the motion; adding, that as the parish had parted with their right to the French PrOtestants, which cession was subsequently confirmed by Parlia ment, the decree must be made special. OFFICE Ot THE JCDGE TROROTEII NT THE CHURCH WAILDIXS Or GREAT WALDEN, ESSEX, N. REV. 0. S. CLARKE, D.D. Sir C. ROIITNROW said this was a proceeding instituted against Doctor Clarke, containing no less than eighteen articles, charging him with obstructing the church service, and creating a disturbance in the church, and with other offences, of such a nature as to lug_ gent a doubt of the sanity of the person perpetrating them. When the proceedings were first brought before the Court, it acted in such a manner as showed its compassion for the unfortunate individual so situated, and with the hope that the compassion so shown would have iiitiuced Dr. Clarke to retrain from such conduct as left it inn peratire on the churchwardens to exhibit the articles praying his I suspension ; those hopes having ben frustrated, there was no ground why this Court should longer delay pronouncing swipe:). I lion against the offending party. The Learned Judge here recited the different articles e proved by the Reverend Mr. Bird, the cler gyman appointed by the Bishop of London to officiate in the parish, I and others, which have been some time before the public. To these charges no denial had been given, no appearance in Court made. The Court must therefore consider the articles proved, and would proceed to exercise the painful duty that devolved upon it. It had no other mune to pursue titan the strict line of duty prescribed by ancient practice, as stated in the decretals. The Court therefore decreed, that Doctor Clarke be suspended firm his clerical office and all benefits arising therefrom, fur two years, with full costs of suit ; that at the expiration of that . period, Doctor Clarke should exhibit to the Court a certificate s igned by three resident der. gymen of his neighbourhood of the propriety of his behaviour, during that period ' • the suspension not to rcla :t until such cer tificate is produced and approved of by this Court ; that a decree for sequestration of the profits of the living shall pass ; and that Mr. U. B. Parker, of Chelmsford, be appointed sequestrator, to act and account, as in the case Dix it. Iluddersford ; this suspen sion to be publicly read at the pariah church on the next and suc ceeding Sunday. W. SAIJWAREZ V. CHARLOTTE IT/T.I.Y, FALSELY CALLINW MZUStI.7 SAUMMIEZ. Dr. ADDAMS said, this was a suit instituted by the Committee o 'sir. 'suntans (a lunatic), for nullity of marriage, by reason of a former marriage, solemnised by the defendant, and then existing at the time °Cher second marriage. Dr. A. exhibited a libel, pleading that the second message was legally solemnised according to the ceremonies of the Church of Ireland, and praying that it should be received. Drs. Aix OLD and DODSON opposed the admission of the libel, on the ground that the licence obtained from the Archbishop of Armagh, authorising the patties to marry, had contained a cove nant that the parties were to have obtained the consent of their parents cc guardians, previous to the martiage being celebrated, and that such marriage stoutd take place in their parish church, within canonical hours, and sTreeable to the accustomed manner. The article attached to the exhibit stated that the parties were mar. tied in the house of the Rev. J. 11. Stubbs, of Dundalk, and not in the parish church. There was not any statement that the parties had obtained the consent of their parents, or were of as; to warrant their consent being dispensed with. Dr. ADDAMS replied. • Sir C. ROBINSON thought was not necessary to say more in the first instance in the pleading, than that the mart age was legally solemnised according to the ritcs of the Church of Inland. It was not usual to require evidence of the manner in which the marriage should be celebrated, in all its particulars, in the first stage of the proceedings. The label admitted. CORONER'S INQUEST. DiATH HT BURNlNG.—Yesterday an inquisition was held be.. fore 'ftiostas SIILLTON, Esq., at St. 'licmas's llcepita/, Bo rough, on the body of Thomas Jones, a fine child, under ur years old. Louisa Mitchell deposed that she resides with her aunt, the mother of the deceased, and occupies a room on the second floor, in Bull -court, Tooley.street. Last Sunday evening she asked the deceased, to whom ehe was very partial, to have his tea with her, which he had often done before ; she took him up stairs and placed him in a chair near the window, eating some sweatmeats. Wit ness left the room to fetch some milk from down stairs.; she had not been absent two minutes when she heard the child screaming ; she hastened up stairs, and met the child near the door enveloped in flames ; she put her apron over his head, trying to stifle the flames ; a young min also came to her assistance, who wrapped the bed.clothesabout him and extinguished the fire. The deceased was immediately taken to the hospital. The young man, whose name is Carter, stated, that he was alarmed by the cries of the deceased, whom he found as before de. scribed ; he immediately threw the child on the bed and rolled the clothes about him, which put out the flames,- his brother then conveyed him to Guy's Hospital, and afterwards to St. Thomas'is, where the deceased was taken in. . . . . Nathaniel Lister, dresser to Mr. Green, stated, he saw the de. ceased on Sunday evening immediately after being brought in ; the breast and shoulders were dreadfully burnt ; the face not so much. 'Witness had no hopes whatever of the child's lite, but the usual remedies were applied. The deceased lingered in escruci. sting tortares till Monday afternoon, when death terminated his sufferings. Verdict—" Accidental death by burning." SnOCLIXO OCCUILIIENCE.—Yesterday evening an Inquisition was taken at St. Bartholotnew's Hospital, before T. shelton, Esq. on the body of William Hale. Mrs. Susannah Hale, the mother of the deceased, stated, that she resides in Farthing-street, Spital.fields. On Thursday, the 13th iast. about nine o'clock In the morning. the witness, the deceased, and another r.on named John, were at breakfast ; the deceased had toasted some bread, when John snatched it from him, and ran away; the deceased followed, and picking up a shoe front the Boor, struck him on his head, on which John threw a knife he was holding iq his hsnd at his brother, which inflicted a deep wound on the back part of his head ; the deceased put his hand up to his head, and exclaimed, " \%here am 1?" His brother was verr much affected. The deceased bled copiously from the wound. )fe was taken to a surgeon, who attempted to stop the effusion of blood, but could not; the deceased was afterwards brought to this hospital. The brothers were upon the most affectionate terms. The unfortunate deceased was 22 years of age, and his brother 17. Mr. Wm. Birch. house surgeon to the hospital, deposed, that the declased was brought to the hospital on the 13th inst. iVitness examined him ; he (the deceased) had a wound on the upper and lower part of the back of his head, about an inch in length, and the third part of an inch in depth ; the wound laid the skull bare, a great quantity of blood Rowed from the wound. Witness dressed it ; every thing requisite was done, and was going on very favour. ably, until the 20th, when the deceased was seized with a fever, the following day an erysipelas made its appearance, of which the deceased died on the morning of the 23d. Corouer—Was the erysipelas caused by the wound ? Witness—Could not take upon himself to say positively; that complaint was now very prevalent in the hospital. The Coroner addressed the Jury, and said, that as it was proved in the evidence of the mother, whom he had no reason to doubt, that no previous malice or ill-will existed between the brothers, but that momentary irritation was the cause of the lamentable event, he considered that the amount of the brother's offence could not be more than manslaughter. '• The Jury consuhed for ; few minutes, and reterned a verdict of Manslaughter against John Henry Hale, the hiolher, alto was consequently detained in custody. HORRID MURDER. - , in ab t o h u is t c 2 o o un n t i y i l ( e. W oo ss u li t i h ng oi atva T urt h ded e ay n ease a lai me ta' or oam t u h lrd e n m deria t: nce k Cu irl ee ed edk was Higgins, that of the i is i o ibi n e. o.Anrmr murderer o i w en murder, e r David Greer, who for perhaps the last 20 years, has secluded from society, near the top of the Bahl Mountain, miles south of this place. Higgins, at the time of was under arrest, attended by Wm. S. Erwin, constable, and 31r. Cooper, who were conducting him to a Justice f the Peace, for trial. The cause of the quarrel was some trivial matter, the particulars of which it is unnecessary to relate. Greer had shot from a place of concealment rear the road, at Higgins, and missed his aim ; atter which he got a-head of the party unperceived, and waited in a waste house on the road until they came up, when he shot Higgins 'dead on the spot. Upon seeing his prisoner fall, Ile immediately burst open the doer of the house where Greer had concealed himself, and at. ten.pted to arrest him. A violent muffle ensued, the hermit's great strength rendering hint a fearful enemy. Besides his rifle, he had armed himself with an axe; and, after fighting some tune with the former, which, from the lowness of the joists, could not be used to advantage, he then strove to get hold of his weapon. In this attempt Erwin, with a small cudgel, twice knocked him on his knees; yet, still apprehensive that his purpose might not be effected. he directed Cooper to shoot him. Cooper fired and wounded him in the hand, when he submitted, and was secured. Notwithstanding the hurry and confusion of a scene so appalling, Etwin's resolution and self-command appear not to have for a moment forsaken Win. On the neat day the murderer was safely lodged in the gaol at Jonesborough, there to await his trial. It has been thought, for many years past, that he was the subject of a slight mental Or augnucnt.—Americon Parr. . THE ARMY. GENERAL ORDER. Horse Guards, Jan. 14. It having been represented to the Commander-in-Chief that very serious inconvenience, as well as great irregularity, have arisen in consequence of the wine and spirits (stopped u s pun'sh ment from the soldier, by the officers commanding troops when embarked in transports) being re-issued in gross to the man, his Royal Highness has been pleased to direct that this practice shall be entirely discontinued. Whenever citcumstances render it necessary to abate the ration of wine or spirits to the soldier, his Royal Highness desires that the value in money shall be laid out for his benefit at the period of disembarkation ; but his Royal li fhness strictly forbids that it shall on any account be re-issued in kind during the time the troops continue on board ship. By Command of his Royal Highness The Commander-in-Chief, HENRY TORRENS, Adjutant-General. WRECKS OFF LOWASTOFT. [ANOTHER ACCOUNT. In the dreadful gale of Tuesday the Itth instant, about one o'clock, P.M. a brig, " Tite Ann of Shields," witth a signal of distress, was observed ashore on the Stanford Sand off Lowestoft. The Lo westoft life-boat, coml . :larded by Lieutenants Carter and Harmer, It.N. • with a crew consisting of William Folkard and David Burwood, pilots, George Fenno, steersman, and fourteen others, was immediately launched, aid after being towed to Kirtley Gap, made sail for the vessel ; but a strong ebb tide prevented their reaching it. About the same time, another brig, the Harriet and John of Sunderland, the crew of which camped in their own boat, struck on the Newcome ; and a sloor, the Dorset of Rams. gate, on the sot/A-cast part of the Holme Sand. The latter being considered in the greatest danger, the life-boat endeavoured to reach her; not succeeding, she (the life-boat) anchored. At half. three, the tide having eased, she got her anchor, and after many attempts, a communication was git with the sloop, then on her beam ends, by means of grapnels thrown to her by Lieutenant Harmer. The life.boat was then hauled under the most-head of the sloop, on which were the crew, consisting of seven persons; after some time the master was saved by dropping from the mast. and being 'maimed into the boat; shortly atter another man was saved in a similar manner. At this period the crew of the I.f :Jost were in a most perilous situation, she being completely under water. One of the many tremendous seas which broke over the wreck upon the boat, washed out of her Lieutenant Carter, D. Bur. wood, pilot, and another, hut they were happily saved. It now appeared to every one in the boat, that they could be of no further use, the boat being washed from the wreck, and in such a state, that it was doubtful whether she could reach the shore. They Were, therefore, relunctantly obliged to cut the cable, and leave the remainder of the crew of the sloop to their fate. Alter the life boat crew had secured themselves, with great difficulty the foresail was hoisted a little way up, when the boat was happily found to answer her helm, and veered before the sea, which was breaking considerably over the heads of those abaft, making its way forward ; the one or other end of the boat being alternately under water, so much so, that the crew could not at times see each other. After passing the Newsome Sand, the boat reached the shore full of water, about seven o'clock, when the crew were assisted out of her, so much exhausted as to render it requisite that they should be led or conveyed to their homes. Very shortly after, the life-boat was launched, the yawl called the Trinity of Lowestoft, with a crew of sixteen persons, William Farrell, steersman, was launched and towed along the. beach, till unfortunately, her outrigger was broken by another boat coming in contact t she was consequently obliged to put back to the main ; ' where, being fitted with another outrigger, she was immediately re-launched, and towed towards Kirkley by men and horses. ' About half-past two, observing the life-boat endeavouring to reach the sloop, she cast off* and made sail for the brig Ann, which she reached, after striking on tie Newsome Sand, and getting over with great peril and difficulty, and was brought to, about a cable's length to the leeward of the brig : from which a buoy was imme diately veered to her, the sea running at the time so high. that the crew of the yawl dared not venture to lay her alongside the brig; they therefore got their anchor, and having set thin foresail, let the anchor go again, and veered out their cable, hauled by the rope from the brig, under her boss, sad succeeded in taking the crew, consisting of the master, seven men and two boys, from the bow sprit of the vessel. Too much praise cannot be given to Lieutenants Carter and Har mer. the pilots, the crew of the life-boat, and the crew of the yawl, for their perilous and persevering exertions on this occasion. The sloop soon afterwards went to pieces, and the brig filled and sunk. The medals of the Suffolk Humane Society have been awarded to William Folkard and David Durwood, pilots, and George Yallop, stemenan of the life-boat, and to William Furrell, f the steersman of the yawl, as a small token of the value the Society entertain ter their laudable exertions. ACCIDENT TO A STEAM PACKET. [From the Bostos Gazette. ] On Saturday evening, the 15th instant, an accident occurred to the Waterloo Steam Packet, employed in the Ferry between Hull and Baehr+, which had nearly been productive of very disastrous consequences. The packet left Barton Jetty, a little before seven o'clock, with wind and tide in her favour; and was proceeding along the Lincolnshire coast—the might cloudy and dark. About twenty minutes after starting, the Captain wert down below to collect the fare from the cabin zingers. The sail was set ; but no person was employed in out ahead . In an instant the packet struck against the brig Amid, Captain Foster, lying at anchor nearly opposite Barrow. The crash was tremendous. All the dead works on the starboard bow over the fore cabin, were stove in ; and the mast and chimney funnel fell down, almost in stantly. The blase of fire from the furnace, in the darkness of the evening, excited the dreadful apprehension of the passengers, nearly thirty in number, that, even if the vessel did not sink, they would inevitably fall a prey to the flames. To add to their consternation, it was found that the Captain and crew, upon the packet striking the Lizard, had made their escape on board that vessel, with, we believe, one or two of the passengers, leaving the rest to take care of themselves. Captain Bennett, of the Venerable, of Hull, who was returning in the packet from Barton, had run out of the cabin, on the accident occurring, and after nor- ' , rawly escaping falling overboard from the broken state of the packet's bow, had actually got one foot upon the Lizard, when providentially he vas led, upon the instant, to decide upon re maining with the packet. To this the safety of the passengers is chiefly, under (lod, to be ascribed, as, by the desertion of the crew (which was not at the moment known) no other person com petent to take the management of the vessel was left on board. Upon getting clear of the brig, it was found that the steam-engine was stopped, owing to the anchor having been driven into the paddle box ; and the vessel was left at the mercy of the wind and tide, with the probability of having received material injury.— , Mr. Nainby, of Grimsby, one of the passengers, suggested letting off the steam, to prevent the boiler exploding, which, after some difficulty, owing to the fall of the funnel and the mast upon deck, was accomplished. Captain Bennett took charge of the vessel, and the passengers rendered every possible assistance. At the sugges tion of a gentleman, a forestay - sail was erected on a stower, with guys to steady it, and the wind being southerly, and the tide run ning down, although the vessel had scarcely steerage way, and the night was dark, they succeeded in making the shore, a little to the westward of the Dumber Dock, where Captain Bennett ran her ashore on the mud, and the passengers were landed in safety about an hour and a half after the accident. _ . On the packet striking the Lizard, tm or twelve of the passen gers crowded into the packet's boat, hanging over her stem, and called upon those in the packet to lower her down, or cut the ropes ; in either of which cases, from being so overfilled, every person in her would undoubtedly have perished. The boat was subsequent ly let down with four persons, and two or three more immediately jumped into her—others would have followed, but the former, very judiciously, cut the painter. One yoil.ig lady of Hull, who, with her mother, was among the passengers, understanding that the latter had got into the boat, was determined to take the chance of life or death with her, and accordingly attempted to let herself down from the stern into the boat, as she supposed ; but finding, while hanging by the hands, that she could not with her feet reach the boat (which indeed had put oft' from the packet), she called out for assistance, and was happily drawn again on board. The small boat reacbed the shore in safety, nearly at the same time as the packet, and the latter was also reached and boarded, a few miniites before she took the ground, by the Captain and crew, who had tullowed them in the Lizard's boat. One of the crew, who was at the helm at the time of the accident, had his arm broken by, it is said, the falling of the mast. During the dreadful storm on Monday night last, a lock-keeper on the Royal Canal near Ballinacarig, and his wife, were blown into the lock, where they both perished. It is supposed they were engaged opening the lock, when the violence of the storm precipitated them into it. They were found next morning locked in each other's arms.— Dublin Paprr. AWFUL INSTANCES or SUDDEN DELTII.—On Tuesday night, between right and nine o'clock, as Captain Perry, formerly of the East India Company's Service, but of late years a pauper in Linebeth workhouse, was proceeding from the supper-room in that establishment to the sleeping ward, he fell backwards in the hall, and instantly expired. The same night, a master chimney-sweep named Lutnton, residing in the Mint, in the Borough, having been informed that a bag of soot, his property, hail been stolen, exclaimed to the person who gave him the, information, " 'f hen God strike me dead if I don't serve them out for this !" (mean ing the persons who bad robbed him.) The imprecation had been scarcely uttered when the unfortunate man dropped down dead, and instantly expired. Inquests will be held on both the bodies. CHILD DitOPPlNG.—About eight o'clock on Monday ' night a female infant, apparently about a fortnight old, was left by its unnatural parent, or some other person, on the steps of the stairs in one of the chambers in Gray's Inn. The little innocent was carried to the workhouse in Little Gray's Inn-lane, where it is taken care of, and likely to thaw:. POLICE. ' AIANSIO:N-HOUSE. Charles May, a solicitor, was brought befole the Lunn MAYOR, charged with having defrauded Messrs. Clifford and Sian, of t h e Temple, of the sum of 51., order the following circumstances 141 r. Clifford stated. that the defendant walked into the iritaess'a and his partner's shop, which is a law stationer's, and said he wanted a thirty shilling sta--m. He said he knew Mr. Mao. and thnt he wanted the difference between 51. and the price of the stamp Mr. Shin then entered the shop, and the defendant immediately said to hint, " Ah, my gad friend Sian, how do you do ? I 'tact (.1/., and you must give me cha nge or a c a h s t ts... k m ipm fo isi r ., 7w upwards of Mr. Stan said he knew Mr. Mny by sight, and not doubling th a t he was a respectable man, did not hesitate to give him the stamp end the change of 51. The defendant told him he banked at si r 1 John Pinhorn's house, and gave him a check accortilly. When the check was offered at the counter. it was refused, an the witness was told that Mr. May was in the habit of amusing himself in that way, meaning that he drew upon the house without having eat s . 11r. Webster, a partner in Sir John Pin hom's house, stated, th at he did not know the defendant persona:ly, but he knew the de. fendant kept rash at the house four years ago:- Witness was m e i_ tire that as long ago u that time, the house refused to take the defendant's money, on account of his . having kept his amour ., so irregular. There was, he believed, a balance due to the defertJant of eight shillings, but since February.ll32U, he believed there had been no each transactions with him. The defendant here declared that the house had neer, petted tu teethe his money. Mr. Weston .kited, that the money had certainly been refused: but whether over the counter, or whether notice had been sent to the defendant to that effect. he could not tell. Tneprisotier said, in his defence, that he believed he had mo re money at his bankers, when he gave the check, than proved to have been the fact. He alstistated, that he expected the sum of 3atet. immediately, after which it was his intention to pay it into the banking house, and which would of course have prevented any disaprointment to Messrs. Clifford and Man. As for the sum of St., be could have easily raised it, had he been driven to extreme., and could never have entertained a thought of defrauding. Th' LORD MAYOR said, it would he for a jury to decide ebe. (ter the defendant had given the check to Mr. Sian with a cocci. ousnesa that there were no effects to meet it at the banking house• The complainant was bound over to prosecute at the next seszioes. UNION-HALL. Yesterday Jaynes Ivory, a fashionably-dressed young man. nay brought before the the sitting Magistrates, Is B. ALLEY., and -- HEDGER, Esqrs. under the following circumstances : Mary Robinson stated, that on Wednesday afternoon last. the answered a knock at the door of the house where she lived serum. No. CO, Upper Thames-street ; when shc opened the door. tha rrisor.er and another who was with him asked if Mary Hob rsen lived there. She ssid that was her name, upon Utich the prisoner said, •' I have just arrived from India, and have brought you 'lnc news from your brother;" upon which she asked them into the kitchen. The prisoner said he had a parcel at home for her, he would give her at another time, as the goods were 'muggier], and requested to know where her mother lived. She gave them the ar!dress. The prisoner and his companion begged to depart, say. ing they would certainly call the next day. They, hose/es, called again in the evening, and told her, as they were goirg out of tern, they you'd tell her all the facts. Her brother was in a very hers. tive situation In Calcutta, but would not be home for three Furs, They had brought home a large tin chest and a brown paper pu ce!. covered with tar, but of its contents they knew nothing. 'he went up stairs with the tea-things, and on coming down again net the prisoner and his companion in the hall ; the prisoner bid ler good night, but returned, and asked the loan of ten shillings. She said she had not so much, but at length he borrowed three &tillers from her. In a short time after they were gone she missed a silver table spoon, a pair of shoes, and several other articles. She vu sure the prisoner was the man. Hall. the officer, said he had no doubt but the prisoner was one of a very numerous gang, who went about taking in the unwary who had relatives abroad. They had even visited various alms. houses, and telling the inmates plausible stories, send them nut for beer or paper, and then decamped with every other portable article. The offence having been committed in the City, the prisoner via handed over to the City Authorities. INSOLVENT DEBTORS. OFFICE, NO. 33, LINCOLN'S INN-FIELDS. PETITIONS TO RE BRAID AT TEE COURT, IN PORTRRAL• STREET, LINCOLN'S INN-FIELDS, JAN. 2% AT Xncx. Ainley, 1. Sowerby, Yorkshire, cloth-manufacturer. Andrews, J. Redcross-street, Southwark, hatter. Bailey, J. New Brentford. victualler. Berry, J. P. Foot's Cray, Kent, gentleman. Cr:.ckar, 11. J. Lime -street, Fenehurch-street. hair - dresser. Hasler, J. Cromer -street, St. Pancras, carpenter. Hampton, J. Castle-place, Whitechapel, excise-officer. Heath, J. C. Thomas -street, New -cut, lineii-draper's shopman. Hitchcock, J. Edgware-road, /II iddlesex, straw-hat-manufacturer. Meader, J. Princes-street, Lambeth, bricklayer. Minden, A. Mitre-street, Aldgate, ostrieb-leather - manufacturer. Nunn, R. S. Peerless-place, City-road, poulterer. Perriman, R. Doddiscombsleigh, Devonshire, no business. Pitt, J. Doddiscombsleigh, Devonshire, (-inner. Powell, E. jun. Hoxton, carman. Smith, I. Calthorpe-place, Gray's Inn-lane, out of business. Sutton, J. E. Great Surrey-street, gentleman. AN EXPERT TIIIEF.—We hare great satisfaction in being able to announce the apprehension of Daniel Taylor, who is charged with being one of the persons who have mote than once broken into Mr. liolph's shop, at &Bai -1 cay, Essex. It appears that this young in years, but old offender, had got to Babrabam, in Cambridgeshire, where he might in all probability have remained secure, had not his pilfering disposition accompanied him ; but suspicion of a minor offence brought him to justice for a greater, of which, if he is convicted, he will not have the power of doing further mischief. It appears that Taylor, whilst at Babraham, one (lay, as if by accident, called at a shckr maker's shop, and leaning over the half (Icor, Legan a con versation which ended in a challenge by Taylor to toss for a pot, when what was not effected by strength, was made up in quantity, as the sons of Crispin were in the end so soaked, as to be insensible of what was going forward ; the next day several articles were missing from the shop. From this time he became an object of suspicion, and was eventually apprehended at a public house on a Sunday. (hi searching his person and his lodgings, the most complete cheat of tools was discovered, which have rarely been found upon the oldest and most confirmed burglar. They consisted of three sets of skeleton keys, a phosphorus box (alias a phea sant), a darklantern, a centre bit, and some files. It being as certained that he was the person for whom a reward had been offend, information was conveyed to Mr. G. Rolph, of Bil lericay, and Mr. Wm. Rolph went to Babraham, and brought him up. The prisoner is an active, intelligent fellow, and was not the least affected by his situation ; on the contrary, he treated the charge against him with the greatest levity, appearing as though he was going with Mr. Rolph on a visit to his friends, rather than to a place of confinement. The same good spirits have accompanied him since he has been in gaol.—Bery Gazette. MARKETS. CORN EXCIIANGE„ Jaw. 24.1. The arrivals since Monday are large, being 8,500 sacks Flour: 5,300 quarters Wheat; 10,100 quarters English, and 11,500 qrs. foreign Barley; 8,700 qrs. English, arid 4,h00 qrs. limb Oats.— There was a pretty fair demand fur Oats to-day, but every other article was dull at Monday's prices. Ships at Market. 39 Newcamle 11 ettudeciand COAL 3IARKET, JAN. 2G. Shin, Sold. Price. 20 . . 30s Od to 404 Elet 9 - 304 Gd to 404 Sid . . DIED. On the 24th, after a few days illness, in his froth year, Mr. Wt 1. laston, of 13r;ghton. On the 24th instant, at Lower Edmonton, 3liddlesex, Captain Ebenezer Clark, aged 51. On the 19th inst. in the 77th year of his age, Nathan Salornot.s, Esq. of Great Russell-street, Bloomsbury.square. On the 7th of September last, at Madras, aged 73. Lieutenant- General Casey Lalande, eldest son of the late Henry Lalande, Esq. of Tooting, in Surrey, and brother to Mr. balande, of Sloane- Street. On Monday, at Gravesend, John Browne, Esq. on the Hen. East India Company's service. On the 2341 instant, at his house, in Bishopsgate•street, Mr. W. Jellis, aged 55. On the 1 lth Instant, at Chiswick, Mr. Phillimore, in the rth year of his age. At Wa'lawmen, on the 10th instant, Janet Blair, aged 72. For many years this woman was a common pauper, living chiefly on the bounty of the parish ; but a year or two before her death, a fortune of thousands of pounds fell to her unexpectedly, by the death of a wealthy relation abroad. In her latter days therefore she lived in comparative affluence, and aas in her turn enabled to halve legacies to her relatives and friends. On Friday morning, at the Old Steiae, Brighton, in his 13th year, Alexander, the youngest son of A. Riley, Esq. a native of New South Wales. HIGH WATER THIS DAY AT LONDON DELIDGU. Morning 36 min. after 6. I Mimeos 22 aria. Am 7. Printad at THE BRITISH.PRESS Ones, by J. W. Qum, ow, 181, Strand, and rabliabed by R. Calitoll, N 1181:46 1, r f;,7 ,I Is lid gm A • itet o.sfs' a I Cu Exeis a t h, o'Cloo sale a r Th AI ti place, lirel point M Die febr co I P Marl Higt Jaw G. 11 Han Sir 1 E. 1 sq Sir I W., T. I Job R I i II