The British Press; or, Morning Literary Advertiser. — London, England, 1824-01-13 00:00:00

NAVAL INTELLIGENCE. THE WEST INDIES. y TIII, JAN. a—Lieut. James MiDismal Is appointei to I FA tract of a letter front Detnerara, received in Glasgow -e. Sailed the Heftier, in, Captain G. Gosling, for the by the Unicorn :-- A ; Vigilant, on • cruise- In Harnosse—Britunnia, I Vou will long ere this hove heard all the particulars of the revolt ()mut, Genoa, Shamrock, Hasty, Lyra, limy amongst t amongst the Negroes of this colony, with tile account of its sup- Wales, Vandeleur, and Defence, revenue cutters. lk- pre-aion ; but you can hare only a faint idea of the trouble and a and Main--Partridge. In the Sound—Tribune. , I fatigue to which it has reduced us. The colony still continues ,oItTANOVTII, JAW. 10.—On Tuesday afternoon , the ( am. ! tinder martial law, and I fear due feeling is now so deeply rooted -,, 110, Captain T. J. Maling, finally cleared St. Helen's. with among the negroes that they have a right to be emarr ipalrd, that wind, for Rio Janeiro, N alparaisn, and Callao, with the' nothing but an imposing military force will keep them to their and Vice-Consuls bound to the Independent ?itates of duty. Whether government will grant us frrther protection in Ame:ios, and their families on board, comprising silty . this emergency is still unknown; but if not, we trust remain urder arms fur our own protection ; and the duty is PO harassing, that I fear it will have the effect of thinning our white population, already in a sickly state from over-fatigue. How sadly the fanatic at home do misrepresent the state of the negro population ! Almost all of my friends in Scotland are labouring people, aim gain their livelihood by the sweat of their brow, and I wish to God I could say that ti n y enjoyed the comforts of life as much as the negroes of this colony do ! Believe me, Sir, it is a generous wish ; for since tuy arrival amongst them, I solemnly assure you I have never witnessed as touch misery as I have beheld in my father's tinnily, and, thanks to Providence! I never witnessed much there, (although I have seen some). I have had charge of between three and four hundred negroes for the last eleven years, and now have nearly five hundred ; an that you will allow me to be a judge so far in this matter: but the confidence is now much destroyed be. tween master and slave, and Hod alone knows what will be the re- salt of the late measures of tiovennuent, if carried into effect. I have a small stake in tills country, which, were I to leave it, would be of little value, and I must now stand by it ; but I do not intend vesting any more of my bard-earned savings in West India property—Glasgow Paper. The Tyne was paid off at Tuesday, and laid up. The Jupiter was paid off on Monday, mcommiasioned by Cap , Dunn, and her crew ordered to be Increased from 303 men to 4sl, Captain Stmt, is to be reduced to the full establishment, and placed under the orders of Admiral sir hitshed. it. Pringle Stokes, late of the Owen ilendower, is confirm. the rank of Commander. Lieut. E. Handfield is appointed Pandora. of war, to he built on Captain Mayes' new principles ed in the superior sailing of the Arrow cutter), is laid at Portsmouth Dock-yard, to be called the Champion. Majesty's new steam-vessel Lightning, of one hundred horse is going to l',:tsinouth, for service there, principally in g ships in and out of the harbour. letter from Cork Pays, that Lieutenant Harty. commanding Whitworth Revenue cruiser, which lately arrived at Killiliegs, up the head of a powder cask, marked "Arab," at Malin also part of a case for spare powder, the magazine door of a , nd, at another place, some boxes of candle', and other wreck. There is no longer any doubt that the Arab and that all the crew perished. IRELAND. FATAL AFFRAY IN THE COUNTY OF WEXFORD. 'From the Kia,-any Moderator.] The circumstances of the fatal occurrence at Taghmon, in the county of Wexford, on the night of Friday last (2d instant) hav ing been variously stated, the fallowing authentic paficulars , de rived from the polite communication of a gentleman who assisted in the official investigation of the case, cannot but be highly ac ceptable:— It appears that, between the hours of 11 and 12 o'clock, on the night in question, which was the fair-night of 'faghmon, tterjetuit Thomas 3loyles, of the Police, now stationed at that place, had entered a public-house for the purpose of clearing it of a drinking party, and, in the performance of that duty, was struck by one of the company, on which the Serjcant went out, returnel with two when of the Police, took the assailant into custody, and conducted him to the gaud-house. The Police then returned to the public. house, and on entering locked the door. A mob had collected out side and attacked the house, demanding the liberation of the pri.. tuner when the scrjeant (Moyles) after repeatedly calling on the rioters to disperse, and the windows of the house having been en thely demolished, thought it necessary to the personal safety of his party, to lire on the crowd. The shot took effect—it young man of the Caine of Brennan was mortally wounded, and atter running a short distance fell dead! Two more shots were tired by the sec giant, happily without effect, and the crowd ultimately dispersed. Moyles was taken into custody by C. Waddy, Eaq. tbe next resident Ma gistrate, we believe; and on the ensuing day an inquest was held on the body of the deceased, before three Magistrates, in the absence of die Coroner, who lived too remote front the spot to attend on the instant, and a most respectable Jury. Several witnesses were examined, and, after a minute inquiry into this deplorable transaction, the Jury found—" That the deceased, James Brennan, of Kilgarvan, came by his death by a gun-shot wound, inflicted by Sergeant Thomas 31oyles, of the police establishment." The fatal ball entered by the right collar bone, penetrated the lungs, and lodged in the heart. hloyles has been counnitted to prison. As endeavours may be made to attach a party feeling to this melancholy occurrence, we deem it right to add, that Moyles, the police constable, is a Roman Catholic. PLygoaTo, Primrose. So station ; hark. Ocean nee of Walm een Island and Porramotivt ague, 00, ('apU rat wind, for .nulls and Vic uth America, sock The Tyne was The Jupiter WI in Ihum, and I The Phaeton, establishin runes {{'hitched Lieut. Pringle • • in the rank of • the Pandora. A sloop of w: semplified in • nat Portune His Majesty's wet, is going • wing ships in A letter from clVhitworth eked up the h g; also part eel, and, at yen of wreck, /undcred, and Sh Attend, l'nbir Esperance. Jongc Sophie X. le., Mare! Lark, %%vent Charles, Stal Telemachus, Trim. Stmch Emma, Nisi Williams, 11 Salacia. Play Ann, Flenint Watchful, V • liasforth, He Weilin gum. William and (:art Ilenricli Confidence, Jernon, Nan Lucinde, Set Orion, Behn Pauline, Hui St. Pierre, Pe i'riendschap, Vrybeid, Du Voltigeur, D Vinery. Wy Malts, Parki A beona, Tin Lively, Mid Albion, Had Nelson, Phil Prince of Wi Victory. Cut Union, Lour Wensum, L Liverpool pa Union, Gilb4 Alert. Kr& )la Atalanta, tin Lonsch. Wi Duke of Ku ENTICRLD ; Willi d, for Br them, for He Batavia. CLEARED I • ode, for Jam ' reason, for G Fainovwt , • •• • for t h Noreen,: sbon ; and PLYHOUTI d John Ma upe and tb PORTSHCH unknown. 13 Helen, Wilma Eden, Pearso l!nderwood, names unknoi BRIGHT°, wen, 230 tons Buenos Aire the late ,miles , crew (officers saved by taki, • nothing but a a IFest were brought where they L nrighton (w to Sheerness, bound to the thither they c beizg great kindness expressions of i);IAL, JAI sailed ttmlay, and Fortitude Hugh Crawfo ORAVESE) Liverpool par Texans ; Turner, from Circassian, 11 coda ; Super' ditto ; Lucite ditto: Conti Lisbon ; Jan Berlin ; Eon Aline ira ; W Mason, from General Harr for the South GREENOC Wick, with I having nun repair. 011311 ALT, and hence to tiered three 2,210 dollars, trunks belono BREMcm, steady diachai an shore, bat' The Dem totally wreck The Amen on the &I ins The Flitch by the crew, water. The Loyal North Bank into Dork to The Ihrbli will, loss of (I overboard. The Englis Si, ran aga warped in the The West Good Intent,, stun snit. Ow Blagate 11. • la Belle i stied from P Pasengers, woks, in eon ▪ Arrived tin sco, to embarl the Woodparl eon, for A nt i g el In& Wilson, Arrived at ti from Iternara A. kng. 171 ' allay theme& a ves, which 1 tied sway the r. ; as C f 4 g oy 4 3luirh visk l' t bl ~sstss rue Si he lire retina,, s h +MUSTY " we SHIPPING INTELLIGENCE. CUSTOM-HOUSE JAw. 12. ENTERED INWARD!. Arend, F:lbing (De Bie, broker), from Antweip. Esperonce, V. (ieyt (ditto), ditto. Jo"Re SoPhis, Aluys (ditto), ditto. X. March (Chapman. broker), from Petersburgh. Lark, Vireos (Ilay, broker), from St. Michael's. Charles, Stabb (ditto) ditto. Telemachus, Leaky (Jackson. broker), Avon Almeins. Trim. Srmchan (Burnett, broker), from Lisbon. Emma, Wise (Smith, broker), from Riga. Williams, Williams (Jackson, broker), from Carthagena. Solaria. playle (Burnett, broker). Ann, Flemming (ditto). front Watchful, Warren (ditto), from St. Allehaers. liasforth, Hodge (Powles, broker), from Archangel. Wellington. Coates (Waltham, broker), from Hottenburgh. William and Mary, Way (Archer. broker). from Seville. Carl (enrich, Burmster (Bremer, broker), from Riga. Confidence, Alichaels (ditto), ditto. Janos, Nanning () e ltie, broker). from Bruges. Lucinde. Schweroon (Benh.to, broker), from Memel. Orion, Behrens (ditto), ditto. Pauline, Hunt (Barry, broker), from Virginia. St. Pierre, Potter (De Bit, broker) from Ostend. Vriendschap, Lucy (ditto), ditto. Vrybeid, Duna (ditto. ditto. Voltigeur, De Ryter (Simon, broker), from Antwerp. Vinery. Wyldschugt (Holman, broker), from Worcum. Malts, Parkin (M'('arthy, broker), from Seville. Abeona, Turner (Thompson, broker), front Jamaica. Lively, Mitholl (Hughes, broker), front New Providence. Albion, Haden (('heap, broker), front Berbice. Nelson, Phillips (Former, broker), from St. Michael's. Noce of Waterloo, Page (Drinkald, broker), from Ostend. Victory. Cubist (De Bie, broker), from Harlingen. Union, Lot man (Adam. broker), from Terceira. Wensum, Littlewood (Norman, broker), from Lisbon. Liverpool packet. Bloomer (Footner, broker), ditto. Union, Gilbert (Burnett, broker), ditto. Alert, Kidd (. Alouipon, broker), ditto. Staperbe, Ilatheson (Adam, broker), from Seville. Atalanta, Smith (Pu n t aid Co.. brokers), from Minoru*. Louth, Willdridge C. Read, broker), from Batavia. Duke of Kist, Pou broker), from Rottenlatn. JANUARY 10. NTICILD OUTWARDS.—The Itch. for Rio ; Alice, for Ja ca ; William, fur Ilamburgh ; Thomas, for ditto ; for Brawn ; eincinnatus, fur Ncw York ; Two Bro a. for illarnburer; Najade, for ditto ; and Rosanna, for wia. . CLEARED OUT w ARDs.—The Swift, for St. Michael's: Forti ale, for Jamaica; Tm, for Trieste ; London packet, for Malta; triton, for Genoa ; and Berwickshire, for India. FROM LLOYD'S LIST. ,311011Til, JAN. 10.—Arrived the Lively, Hodgson, from; a for Sierra Leme ; Union, —,, from Hayannah—aarled :ovember. Sailed the Duke of 3lsrlborougl. packet, for AI ; and Sandwich packet, for the Mediterranean. -rigour u. Jas. 10.—Arrived from London, the Atalanta John Shand, for Jamaica ; Vibelia, for the Cape of Good x ; and the Newcastle, for Trieste. 0175,10 V JAN. 11.—Amred Wend vessels, particulars :known. Sailed the Eupliemia, Nettie, for Buenos Ayres ; Alden, Wilson, for Naples ; Woodpaxk, Franklin, for St. Lucia; Eden, Pearson, for An igua ; Alfred, Wilson, for Gibraltar ; Underwood, Remmington, for Demarara ; and several others, names unknown. BaIt&HTOX, JAN. 12.—An American ship, named the Con pea, fife tons burtheo, W. ('ox la Liverpool man), master, from Buenos Agres to London, laden with tallow and hides, in one of l the late galas, being leaky, foundered 42 N. long. W. 19. Her crew (officers and men) consisted of 19, of whom six only were saved by taking to their boat. After being 18 hours at sett, with nothing but a little fresh water to subsist on, they were taken up by a IVest Indiaman, and landed at Dartmouth, front whence they were brought by Sir George Thomas's pleasure yacht to Shoreham, where they landed on Tuesday. On Saturday they went from 11righton (where they found many friends) on their journey, to Sheerness, having heard that two ships were lying there, I bound to their native land, being all Americans. On their way thither they called at Summer Howie, where the noble owner, on being satisfied of the truth of their narrative, treated them with great kindness and liberality, which they acknowledged here, with expressions of gratitude. 14:at, Jaw. 11.—Came down from the River yesterday, and sailed to-day, the Hon. Company's ship Duke of York, for India ; and Fortitude, Martin, for Jamaica. Arrived and remains, the Hugh Crawford, Wilson, fro:a Valparaiso. °Ray as nri n, JAN. I . 2.—Arrived the Alert, Kycl. from Lisbon; Liverpool packet, Plomw, from ditto ; Brothers, Lawman. from Terceira ; William and Mary, Way., from Seville ; Abeona. ' Turner, from Jamaica ; Princess Charlotte, Blythe from Ceylon ; Circasinas, %Came, from Bengal ; Loonch, Weldridge, from Ba tavia; Superb, Matiiieson, from Seville; Anti, Fleming, from ditto ; Lucinda, Stephenson, from Memel; Orion, —, from ditto: Confidence, Mitchell, from ditto; Union, Gilbert, from Lisbon ; James, Leoget, front Magadan; Albion, Hayden, from Berlin : Emma, Wise, from Riga ; Telemachus, lathy, from Almeira ; Wellington, ('oats, from Gottenburgh Ossforth, At kinson, from ditto; Albion, Haydon, from Berlin. Sailed, the Genera! Harris, Welstead. for India ; the Royal George, Barney, for the South Sea 'Whale Fishery; Aurora, Watkins. Alicant. zeorova, JAN. o.—The George Fourth, Salmon, from Wick, with herrings, from Trieste, put in here on Sunday, leaky, haring encountered very severe weather, and mast unload to repair. Gina ALTAI, Dec. 19—The Santa Fermin*, Pino, from Cadiz, and hence to Genoa, put into Almeri, 20th ult. having been pion dered three days before by a Spanish Felucca, off Cape (;etas, of 2,21* dollars, 2 barrels of awhineal, 21 serons of Indigo, and some trunks belonging to the passengers. Boa m no, Jam. 7.—The Oscar, front Virginia, which had al ready discharged pert of her cargo, drifted down the river sod ran on shore, but it is reported has been got GE. The Deux Daniels. —, from Martinicue to Minima, was totally 'wrecked on the 2J inst., near Cayeur„ Crew saved. The Aurora, florkwardt, from Memel to London, was stranded co the &I inst., on A flatland. Crew saved. The }Web's. Burl° from Lisbon, to Gibr a lt ar , was a b an d one d by the crew, 13th ult, ;ff Cape St. Vincent, being nearly full of water. The Loyal Sam. from Liverpool for Bahia, grounded on the North Bank on Thursday night, bur has been got off, and carried into Dork to repair. The Dublin packet, from New York, has arrived at Dublin, with loss of foremast and bowsprit, sad pan of lice cargo thrown o►erboard. The English brig Amelia, which put to sea from Memel on the f 413 against a white buoy, and broke htr rudder. bile was warped in the following day, and probably must unload. The West Indian packet, Munro, front, London to Jrinaira (Gond Intent, Shepherd, from Newport to London ; and the Le vant Star. Owen, from Loudon to Liverpool, were all on shore in Blugsie Kay yesterday. La Belle.llliance, Indianian, Captain Rolfe, bound for Madras, *dial from Portsmouth on Wednesday morning, with a number of P a lengen , , sonue of whom hare been detained at that port many atcLs, in con sequence o f t h e l ong cont i nuance o f southerly winds. Arrived suit Saturday at Portsmouth. the Ilenry Porelter, Thom sen, to embark passengers for the Cape, Madras, and Bengal; also the Wnadpark, Franklin, for Alsdeira and St. Lucia ; Eden, Pear. so n for Antigua; Underwood. Renimington, for Demanua ; Al fild. Wilson, for Gibraltar, put in with contrary winds. Arrived at Port Glasgow, on Sunday, the Unicorn, Wilson, 4 ,. 011 hernsrara ; *ailed thence Rio Nov. On the 36th ult. lat. N. long. 111 W. exptrienced a severe liale of wind, which carried Slay the mainmast lead, top mast, main yard, &c., and shipped which knocked in the dead lights, store the jolly-boat, ear may the greater part of the bulwatki, and washed one man another man was blown off . the main yard-arm, end - "'" L `we drownrd.—Left loading, thc Elizabeth, Sin, asim ; Esye „.9","; lioyd ; Venus, Ramsay ; to sail sth December: and isik 3 luirhead, to sail 15th December, all for Clyde. Spoke no 11, 1 ,:' .9; tES a►oIEN w 9.-lAdy Ridley. Scott, of and from 1 Ins won fur si ma L eone , D ec „ 29, all well ; on 6th January, the ,ptina, Brisham. from London for Alieart, all aril on 1,- r u aTY. the Aroma, liolmer, from London for Jamaica, ' l 'l4 well, by the Speculation, arrived at Dover. STATE OF NEWGATE. NEWT OP ThE NEMESIS or PILISONS COMMITTED TO UN MAJESTY'S GAOL OF NEWOSTE IN TIIE yeaa 11e23, AND HOW THEY HAVE BEEN DISPOSED OF : Males. Fem. Total. In custody Jan. 1, 1823 . 183 67 200 Committed to Dce. 31, under 21 yrs. of age 675 129 } 11 2 100 Ditto ditto above that age - 1,021 336 2,480 Of which there have been executed . - 18 - hied - - - . - 5 , Removed to the hulk*, (import . - - 100 Ditto ditto Portsmouth - - 30 Ditto ditto 16 heerneu . - 244 Ditto ditto Chatham - - - 25 Ditto ditto Woolwich - - - 91 Ditto to the Penitentiary at Milbank . . 28 IDitto to the Refuge for the Destitute . - 23 Ditto to Ilethlem Hospital . . - 1 Ditto by Habeas Corpus, for trial at the Awdsm - 14 Ditto to the Houses of Correction for London and . Middlesex - . . Ma Discharged, having received his Majmtfs pardon 11 Ditto, having been acquitted at the Old Bailey .._ . • " :sessions .. - - - . - - 147 Ditto, upon bills of indictment not having been found - - - - - - 231 Ditto, not having been prosecuted - . 25 Ditto, having been imprisoned pursuant to sen- . - fences - - - - 71 . - - Ditto, having been whiopeol . . 27 Ditto, having been tined one shilling - . 112 ... • ** ' ` o 27-2,188 Ditto; upon - bail and other causes . - Remained in cuatody Jan. I, 11121, Males 218, Females 78 194 4 460 .. . •Of which number, W 9 hsd before been here. Cemmittaliie: creased this year, IL STATEMENT OF THE NUMBER OF PERSONS COMMITTED TO HIS MAJESTY'S GAOL OF NEWOATE, AND CONVICTED IN THE YEAR 1823; AND THE NATURE OF THEIR OF FENCES, TOGETHER WITH THE NUMBER ACQUITTED, DISCHARGED, SENTENCED, ETC. DOTING THE SAME PERIOD. . Burglary . - - . 34 Housebreaking . . - - 10 - H igh way robbery . - - . 13 -11 one-stealing . - . . 7 . Maliciously cutting and maiming . . 6 Murder . - . . 1 - Returning from transportation . . 2 Stealing in a dwelling-house to the value of 40s. and upwards 47 Sheepstealing - - . 1 ['tiering forged bank notes - - - 4 Bigamy _ . - - 3 . - .Manslaughter . - - - 16 Miadenteanoun . . - . 26 Selling counterfeit coins - . . . . 2 Receiving stolen goods . . . 11 Tramiposing tioldsmithe Hall mark . . . 1 Conspiracy - - - - 3 Larcenies of various descriptions . - 1,071 1,259 Of which there were sentenced— To. death - - - - t 124 To transportation for life 69 .To ditto for fourteen years - 36 To ditto for ',even years - . - 309 To imprisonment for two years in the Houses of Correction 11 .To ditto for eitthteen months . - 1 To ditto for one year, ditto . . - 103 To ditto for nine months, ditto - -.3 To ditto for six months, ditto - 119 - . -To ditto for four months, ditto - . 9 To ditto for three months, ditto . . 109 To ditto for two months. ditto . - - 75 - .To ditto for six weeks, ditto . 14 To ditto for one month and under, ditto . L 6 - In Newgate for various terms . - 67 . Fined one shilling and discharged - - 135 W - hipped and discharged - - 21 - 1,259 .1 rmiitted - -• 557 Dischurged, bills of indictment not being found . 230 Discharged, riot having been prosecuted - 2ti -- 2,1,72 f Eleven of which have been executed, with seven other con vieud in the year 1822 of the following offencesl— t tutting and maiming - - - 2 - - Forgery . - - - I Forged notes - - - - 2 Burglary . - . 9 11;ghaay robbery - - - . 1 SAlliffilly . . . I Stealing in a dwelling-house, to the value of Os. and upwards 2 J. WONTNER, Keeper. (The above annual return has been tran■mitted by the Keeper of Nergate to ev-ry member of the Court of Aldermen.] OLD BAILEY SESSIONS. These 'lessiona commence to-ntorrow. Them were 210 prisoners for trial yesterday morning, viz. 15 fur London, and 171 for Mid. dlesex. The following are the crimes they are charged with :-- IN LONDON. 8 Burglary. 1 For Highway Robbery. 2 Highway Robbery. 3 Stealing in al/welling-house. 13 Stealing in a Dwelling. 1 dl S Receiving s to l en (laus. house. . . I Embezzling. _9{ Larcenies. I Alaliciousty Shooting. 2 IL ttering framed Notes. - 9 Stealing from the Person. it Iteceiviiig Stiiien Goode. 2 For shirking by False ?re- 127 Larcenies. tences. 7 stealing from the Person. 1 Iligamy. 1 Selling Countafcit Coin. Is mIDDLESEX. I For a Haps. LAW INTELLIGENCE. COURT OF CHANCERY, laticoLx's MONDAY, JAN. 12. This day the LORD CHANCELLOR resumed his sittings in Lincoln's Inn Ilan. Mr. 't% ETHER ELL, previous to his Lordship coming into Court, was sworn Solicitor-General. The Learned Gentleman took tho seat at the bar which the late Attorney-General occupied. The Lord Ch.. icellor and the Counsel addressed him as Solicitor-Gene- ral in the course of the day. I:IOITRLAY V. THE DVICIF: or 8011F.VI6T. The Loan I'HANCELLOR said that he had directed the papers in this case to be sent to him previous to the vacation. Through some neglect, however, on the part of the Solicitors, those papers had not been sent to him. The papers had been lately sent to his house in town during his absence in the country ; they were not forwarded to him t And, it is probable, though they had been, be should have made no mu- of them, as all the papers were not sent to his house. Until the affidavits, verifying the plans, were produced, he could not give julgrnent in this care. Mr. (later said that there would be considerable difficulty in ve rifying he documents. Mr. Gourley (who appeared in a weak state of health, and in very depressed spirits) stated that he had been confined for the last ten days, and it was with no small difficulty he was now enabled to appear before his L. rdrhip. lie cnitittiencA by complaining of the delay in the proceedings of the Cutlet. There war an observa tion of Lord l'hurlow, that if the machinery of the Court were well worked, it might be productive of great benefit to the due and ef ficient administration of justice. but— The Loan CHANCELLOR inwrrupted him.—" Sir, T don't sit here to hear observations on the practice of the Court." Mr. (lourlay bowed and resumed—lt was twelve years ago since he first became a str:tor in this court. Ile was tam the expectant to a large fortune; then he attended for the purpose of witnessing the proceedings in his case; but now, unlisppily, that which he did before as a pastime, it was now a matter of painful necessity for him to perform. He traced his misfortunes to an error in the adjudication of Mr. Justice Park, and proceeded, in terms of great severity and harshness, to comment on the character and conduct of that learned Judze. The Loan efemeciet.con again interrupted Mr. Gourlay—He could not hear such observations as those in which Mr. Gourlay thought proper to indulge. His present conrse was most irregular. He would not allow any member of the bar to re-argue a decided ease, and he saw no reason why a suitor should be permitted such an indulgence. Mr. Gourlay persisted in the same line of observation. The LORD CHANCELLOR, with some impatience, again inter. posed—lie said, that the only inquiry he wished to make was, whe ther the plans now in court were the same as those used at the trial in the courts below. His Lordship then directed that he would make an affidavit to this effect. _ _ _ Mr. (iourlay scented disposed to continue in the same line of comment as before. The Loan CHANCEL Loa directed the Registrar to call on the next ewe. Mr. linurlay still persisted. The LORD CHANCE I on (with great animation.)—" Sir, I request you to remember the place you are in." Mr. tiourloy at length desisted, and went out to get the affidavit sworn as directed by the Lord Chancellor. tivt.i.va in re uttrrs. _ _ The SOLICITOR (ii:NERAL appeared in this case of bank ruptcy, for Geller and Co.. creditors of the bankrupt Hind. Hind became a bankrupt in 11110 ; Sell and Watson were appointed as signees. They transferred a quantity of coffee, the property of the bankrupt, to Geller and Co. on which they received advances to the amount of 7,0001. Geller and Co. did not put in their claim until 1813, when the Commissioners disallowed the claim. Gel ler and Co. presented a petition to this Court in 1816, praying that their claim might be, tried at common law. The ground of this application was, that Geller and Co. regarded the Assignees as brokers and agents, and not as Assignees. Hind was viewed by them as the principal employing them, and it was contended that his estate was thereby made subject to his debt. That the Assignees should not be regarded ass such by Geller and Co. was sustained by the circumstance of Hind's interference in the sale of the coffee, after his bankruptcy. On these grounds he prayed that the claim of Geller should be determined at common law, and that the bankruptcy should not beset up in opposition to the action. The Loan CHA NCE LLOR expressed his unwillingness to grant an issue at common law in this case, as issues of this kind were ge nerally attended with great delay, and heavy expense to the parties. Ile would himself read the affidavits, and on Satunlay nest would give judgment upon the claim of Mr. Geller, if by that time he could arrive at a sufficient knowledge of the facts of his claim to would enable him to do so. COURLAY V. THE ntruE Or SOMERSET.. Mr. Goutlay, at the close of this case, applied to the Court to re eeive an affidavit in his cause. The Loan (lIANCF.I.I.OR—Is it tiled? Mr. Gnurlay (not seeming to understand the meaning of the Lord Chancellor's question)--1 am ready to read it. The Loon I'IIANCELLOR—By the law of the land I cannot permit any affidavit to be heard here that is not first regularly filed. If you do not understand what that means, any gentleman at the bar will explain it to you. You really do no service to your own interests by this mode of proceeding. Mr. AGAR then whispered to Mr. Gourlay the proper course to adopt to entitle his affidavit to he heard. Mr. °outlay then said he would go and tilt it immediately, and le:t the Court. COURT OF KING'S BENCH, Mosair, Jaw.l2. 'Before Me Loran Cater JUSTICE.] BENNET V. ROCBELL. Mr. C. Pin LET PS opened the pleadings. Mr. A tiot.eit us addressed the Jury. It was an action brow; ht for a malicious charge of felony. The plaintiff % name has been repeatedly before the public as keeper of gambling-houses in Pall Mall and its neighbourhood. The defen dant was an attorney suspected of having been concerned in the prosecution ; when he went into the King's Bench he was dragged to the pump and pumped on ; the plaintiff was alleged to have assisted when some called out, "That's him! pun him wpb In!!! him Pip !" and to have been particularly active in keeping hint in the trough while he was pumped on. 'the defendant proceeded to Union Hall, and charged the plaintiff upon suspicion of having robbed hint of his pocket-book, containing six 101. notes. (All the circumstances were detailed in this paper at the time.) Robert Staples, Clerk to the Magistrates at I 'nion-liall, proved the charge having been made, the warrant granted, and the charge having been afterwards dismissed. John Butler. clerk to Mr. harmer, stated the circumstances which came under his observation. Thomas (lore, turnkey, gave evidence of the pumping, and of the subsequent charge made against the plaintiff, of having robbed the defendant of six 101. notes. Thomas Easton. solicitor to the Marshal, was told by Mr. Rou bell, that in the King's Bench, on the 24th of October, he was forced up to the back of the prison; he immediately missed his pot ket-book, and that Bennet was the person who took it. Ile bad known Bennet before. Mr. Roubell wished to have Rennet's mom searched immediately. I went to the staircase, No. 11, where lien net's room was. Ile was cooling down stairs. I told him my bu siness, and searched his room, his boxes, his pockets, and every place I could. I told him what I searched for. Ile himself pro duced the keys. I found several notes, none so low as 101.; several pocket-books, none red morocco. I told Mr. Roubell. and had the robbery then advertised through the prison, with a reward of 101. IVan. Hewitt, clerk in the prison, stated, that when the warrant was brought, Mr. Roubell said, "Now, 31r. Bennet, you will be locked up in the strong room." Mr. Allen, the Magistrate, stated the result to have been that several persons were committed for the assault, and Mr. Bennet WWI discharged both for the assault and the felony. The notes in his head ware taken by himself. The notes were read in evidence with consent of both parties. John Exudeer had kept the Pulteney Hotel ; was in the King's Bench on the night of the assault ; heard a scuffle and noise; 3lr. Bennet was then at the grocer's shop, No. 0, staircase, with several other persons, and came to where witness was before the noise, and remained there till the noise was over. Witness and Bennet never went nearer the pump than No. 8; he was rather clumsy to walk; he wen - no distance from witness at all ; he could not have taken part in the pumping. Croes-examined--Defendant was pumped on twice; I heard them cry out, " Informer, informer!" 3lr. Staples was re-called, and read the depositions at Union t ball, upon which the charge was dismissed. John Fitzgerald was a prisoner in the Bench on the 24th of September, when the assault was committed; he saw Mr. Bennet when the pump was going, twenty or thirty yards off'; AI-. Bennet appeared to have come from the tap in an opposite quarter from the pump ; from the beginning to the end of the pumping Mr. Bennet was not there, on witness% oath; he was ill with the gout; he was dressed in a black coat. [This evidence was given to meet a statement of defendant's that I he wore a blue coat.l Cross-examined---I never heard that Roubell was coining to the prison ; I beard the cries, " Pull up, pull up!" but I never heard the name of 31r. Bennet mentioned. John Brown was in the King's Bench on the 24th of September. and in Mr. Fitzgerald's shop saw Mr. Bennet; he remained near witness the whole of the time, and could not have taken any part in the transaction ; he told me it was some informer against bringing spirits into the prison. Cross-examined.-1 keep no shop. I did sell oysters at the be ginning of the season. I had no particular acquaintance with Mr. Bennet. I am not of the sante class. lam a prisoner. I was waiter in the tap-room. I do nothing particularly since. Charles Handy, printer, cousin to the defendant, brought the copy from which he printed the bills, and believed it to be .le ferttlant's hand-writing. lie printed about 200, and Mr. Roubell was to pay for it. Two bulls were read, setting forth an atrocious outrage end rob bery by Richard Bennet and others. John Smith, clerk to the bankers. Spooner, Attwood, and Co. proved the payment of a check fur 1001., and the numbers of the notes given to defendant. George Perry, clerk in the Bank of England, proved payment of taste of the notes (for 101.) the first on the 25th of September, . and the others at different subsequent periods. Mr. Shuttleworth, collector of taxes in Mary-la-bonne, received the two notes presented (two of the news above described) from Mr. Roubell on the 111th of September, in payment of Assessed Taxes. Mr. Taylor received that note on the 24th of September, from Mr. Ebert. Mr. Ebert paid 100/. worth of notes to the former witness; he received them from Mr. Jones. Mr. Jones paid that roe. The erne of Rouhell was &Along, not witnear's writing. It was on it when witness received it. This was the case for the pmvecution. Xt.. SCARLET T then submitted that the plaintiff must be non suited. The LORD CM r.E JUSTICE was of opinion that there must be I malice proved, and none wan proved. Mr. DCARLETT. notwiihntanding, addressed the Jury. Ile contended that the defendant had had probable (muse for every step he took. Could any man doubt that Rennet sat one of the party who invited the defendant, by mean* of Jacobs, into the prince It was not a very unreasonable suspicion that Rennet, having been prosecuted by Mr. Itouhell as attorney, had been a party to the outrage, and also that he would not be averse to put his hand in another tran's pocket. The Jinni) Corey JI7 sT tc E summed up. Ile thought that the tualicioun prosecution and the libel deserved very serious con sideration. It was his opinion that the plaintiff was entitled to their verdict on this .cooed point. Verdict for the defendant on the first charge ; for the plaintiff on the second.—Manages 101. COUNTY HALL, WARWICK, SATURDAY, JAN. 10. [Afore a Sinyiul Jury.] CARL V. LILLiNG TON. This was an Sheriffinguii;l;f7irethe tVasseiThs damages against the defendant, for criminal conv.raation with the plaintiff's wife, judgment having gone by default. lhiniagea laid at 2.004/1. Ihe plaintiffis an eminent merchant and factor at Birmingham, and the defendant his clerk, who has since left the country, and is now stated to helm America. Mr. A Dams opened the pleadings. Mr. RY:AUER, who was brought down specially from London; stated the plaintiff's case at considerable length. Ile commenced by observing, that they were assembled to award damages for one of the most grievous injuries man could receive from man. The plaintiff, as they had heard from his Learned Friend, who had opened the pleadings, sought a compensation in damages, as far as peenniarx damages could be a compensation, against the defendant, for seducing the affection and defiling the persoa of his wife. The crime of adultery had, in all ages, been 'held in the greatest ab. Ihorrencc, as one of the greatest offences against the well-being of society. By the Divine law, as delivered by Moses, it was puniah• able with death. The awful sentence was, " The adulterer and the adulteress shall instantly t : pm to death." The municipal law of England, in that particular, was, as he must be permitted to think, defective. It did not make it an offence "to be punished by the Judges," but gave to the injured husband a civil reparation only by action for damages ; and enforced no other punishment on the adulterer than the payment of such damages as a Jury might award. An excellent Bill had been brought into l'arliament aLw years ago, and had passed the Lower Ihsuse, to make adultery an offence punishable by tine and imprisonment. It had, however, been thrown out in the l'pper House by, as a great man of that day (the late Lord Ellenborough) most eloquently termed it, a conte. derated host of titled adulterers. The only compensation, there fore, inadequam as it was, a . .ich the plaintiff now could have, was by such damages as they would think tit to give him, for the loss of his happiness, and the desolation of his fee'.• igs, in finding him ! self bereaved of the affection of his wife and his tour infant children during their infancy, and the formation of their minds to virtue I and religion at a m iturer age, which a virtuous mother could but afford them. Mr. Reader then stated, that the plaintiff, 31r. Carr, was a merchant of considerable eminence and unimpeachable re f spectability, residing in Birmingham; the defendant was his con fidential clerk, at a salary of two hundred pounds • year. 'l'he plaintiff married his present wife in May, 11116 ; he was at that time I of the age of 34, and she 19; a disparity, though somewhat grater than may be wished, yet not such as to preclude the expectation of complete happiness, especially as it was with the lady's entire and cordial concurrence, us he was then certainly the object of her exclu sive affections. Ile then stated with great times and perspicuity, the facts, as they afterwards appeared in evidence, a nd rea d the two following extracts of letters, which he said he would after. wards prove were sent by the defendant to the plaintiff, within one short month of his seducing the plaintiff's wile to desert her hus band and her four children, the eldest of whom was but four years old, and the youngest not quite twelve months:— Birmingham, Sept. 1, 1823. Sir,—While I am writing els, the friends of Mr. l ester are lay. ing him out, having just departed to that unseen world, where judgment will be administered with equity. To him this world is nothing ; and what will it be to us, more particularly to those on the borders of the grave, who are tyrannizing and oppressing the innocent without cause, and persecuting to perdition, as though worthy of death. Let hint that thinketh he standeth (the Scriptures say), take heed lest he fall. By their works will he judge, and not by profession. lie searcheth the thoughts and intentions of the heart. %Ye need be also ready, for in an hour when we look not our souls may be required. I don't know when I have experienced so much sorrow. as at this sudden decease of 3lr. Foster. But where is his soul? Time will tell. I know not how to leave this medita tion to descend to earthly considerations, of which my best interests have been assailed by wicked pr.lessors; but know, that for all those things Dad will bring them into judgment. I lave done my duty to all concerned. I have followed peace and pursued it, Laving a conscience pure; having acted with honesty, purity, in tegrity, sincerity, and veracity, I now leave the issue of the affair to Providence, who knows the end from the beginning, and will im. part to every one his just desert. I shall my no more on this sub ject, being enabled to vint!icate my conduct with innocence and faithfulness- 1 have just had a note to announce to me, whilst writing this, that my father has suddenly been taken ill, and danger. ous. la this the time to continue in discord? How hung will it be before it is tutuounced to our souls—This day it is required of thee ? Roping we may be prepared for our departure, when it cometh, I remain, Sir, your most obedient, W. D. LILLINGTON. To Mr. Carr. Birmingham, Sept. 8, 1823. Respected Sir,—The peculiar and distressing situation I am placed in, between the two contending parties, is far from proving an enviable one; but, as I have ever wished and proved myself desirous of increasing your comforts in every possible manner, and that it has proved abortive, I have this day had a final and determi nate consultation with my friends to decline visiting your house at all. I have ever been foremost and studious to promote your wel fare and peace, and in all cases have been a zealous advocate for • our good, through opposition, wherever I have seen it. Could I Lave acted to please you both mutually, I should have been happy, but as this has not been the case, I must endeavour to please my. self and friends; therefore hope you will not be displeased with my conclusion, fur at all times, you will find by experience I shall do every thing in my power in endeavouring to please. What would be the world to me if unaccompanied by poite of mind? What will afford it to me on a dying bed ? I have tak.m a little cold front getting up . last week, hnving been awakened at three o'clock by some one in the yard ; there were two thieves on the premises. got up and awoke Mrs. C. and Betty, and I went down with the pistol, and the watchman and I examined the premises; and Hunt and Phillips. I was out about an hour half-dressed. Three times last week we have been disturbed. Poor Mrs. C.! I really pity her; knowing her to he surrounded by deserted friends. May the Lord support her under this heavy and afflicting dispensation. She has left the room when I have been there in sue violent fits of grief, and t.one up stairs or in the drawing-roan; and I have really been afraid to leave her; she needs emaciation; I have thought of coming over to tell you several times, yet could not do it conveniently : and sometimes I Lave thought to write, and have not known what to do for the best. Pray do every thing possible to restore the healing balm to a bleeding heart; you have only to tell me what you wish. and I will do it to the best of my judg ment. Your letter 1 have just received, and will attend to its instructions. What should make you or Mrs. Carr unhappy ? Is not Providence smiling upon your endeavours by hundreds • year more than ever? fh . yes. Let not the Satanic influences of mortals advise you from it. I feel obliged by your kind in quiries relative to my father, whom I am happy to say is much Letter. flow a certain female, 3lrs. D., can be so actuated, I cannot account; and do for my part act in accordance with Mr. James' instructions. Forgive your enemies—bless those who curse you : render not evil for evil. I have nothing particular to add, and assure you I shall decline sleeping at your house henceforth ; and that we may all be partakers of the blessed inheritance in that world of bliss and glory, where there will be no more sorrow or sighing—but all tears will be wiped away, is the sincere wish of Your meat obedient servant, Mr. ('arr. W. 11. LILL' lsaiTON. The learned Counsel commented on these letters in a very forci ble manner. 3lr. (:arr (he said) was A pious man, the polity of his own mind admitted no suspicion that these letters were the mere effusions of cant and hypocrisy, to cover the defendant's free designs against his peace and honour. This appeared to him one of the most atrocious cases that ever wes before a Jury. The da mages were laid a 2,0001., and he called upon the Jury to mark their abhorrence of this defendant's conduct, bound, as he was, to consult his peace, and protect the honour of his friend, benefactor, and master, instead of being guilty of the basest violation of every principle of gratitude and allegiance, by giving exemplary 14- maws. And he could not help thinking, that the whole of the da mages laid would not be more than the plaintiff was well entitled to demand at their bands. Mr. HEADER then called Marianne 3labson, who proved the plaintiff's marriage with .Hiss Duaderdale, in 11116. Plaintiff was then thirty-four, the lady nineteen. A certifieate of the marriage of the parties was also put in. Elizabeth Hall, examined by Mr. AnAlia.—Knew Mrs. Can,' the wife of the plaintiff, in 181, and 1811.1, and was in habits of in timacy with her to Christmas, 1821. Mr. ('are was in the habit of going frequently on business into the country. Witness used to sleep with Mra. Carr on those occasions. Mr.: al Mrs. Can lived very happily together. Ile was a kind and affectionate husband, and her conduct towards him was affectionate indeed. She was dis consolate in his absence, and delighted to see him on his return front a journey. Ily Mr. Hor.nexen.—T he age of Mr. Can was forty—fourteen or hftecn years between him and Mrs. Can. The intimacy be. tween the witness and 3lrs. Carr terminated when she went to llockly (a villa belonging to .Mr. Carr, near Birmingham). Mrs. Carr then neglected her. Mrs. Mead, examined by Mr. ItranEa.—Knew Mrs. Can ten yeah before her marriage. She then lived with her uncle and aunt, who adopted her. Witness saw Mr. Can and his wife live very happily togetl..cr. By Mr. (fount aw.—Knew that Llllington, the defendant, was a clerk of Mr. Carr's, and that he slept at their villa at liockly by Mr. ('arc's desire, in his absence, for protection. Mrs. Easam, examined by Mr. Arrests.—Knew Mr. ('an in 1819, 11120, and 1621. Mrs. Care lived with her uncle, Mr. I)un derdale, before her marriage. Mr. Carr is about forty. Mrs. Hannah 1/untlenlale, examined by Mr. READER—WeII the widow of Mr. John Dundentale, who was uncle to Mrs. Carr. Iler husband took Mrs. ('an under his protection when she was but four or five years old. MTS. ('arc's father died, leaving seven children ; Mr. Dunderdale adopted the youngest and the dies:. Mrs. Carr was always under their care,. except fora short doss abd was sent to Nottingham for medical advice. She was always an affectionate child ; lived with the witness until she married Mr. Carr ih MIR. Mr. Carr was recommended Off ti:e hitsband d ; their house was always open to receive him. Mrs. CAW mar ried entirely with her own consent. Mr. and Tim Can lived in St. Mary's-row, Birmingham, after their marriage, for two year.. Mr. Carr made a particularly kind and indulgent husband; they were mutually kind and afgetionate. Two yearn .Per marriage they went to live at a place called Bodily, near Ilirmiegham. Mr. Can was frequently absent on journeys fur his business. They lived happily at Ilorkly. About eighteen months wits , se obsened that Mrs. Cart did not behave with the proper respect to her husband. 111 r. lallington way then in the employment of Mr. Carr, and slept in their house. He slept there six or nine months before any alteration lit Mrs. Cerr s eot duct wts perceptible. When Mr. Carr was absent on his journey., sane man always slept in the house. A person of the DIMS of Cartriale. and a Mr. Freshwater, slept there before Mr. Lila lington. There was nothing in the want of respect from Mrs. Carr to he • huehand, to ground a suspicion that any thing improper was goingon. Witness first began to entertain suspi cion about Midsummer twelvemonths. When Mr. Lillington was ill in April, and slept in the hamle t witness firs! began to think that all was not right. She thought it improper in the absentee of Mrs. Carr's husband. Witness made a represcreation to M•e. Carr, but without ane effect. She then wrote to her on the subject, in consequence of which she received a visit from Mr. Lillington and Mrs. Carr. Mr. Lillingtoo appeared hart on being charged that he was seen haneteg en Mrs. Carr's ann. Mr. Lillingron said, " evil to them that evil think ;" and he spoke of Mrs. Carr's being a chaste and vinuous woman. lie also 53J.., that any persona who saw him must observe that he was very weak, and unable be walk without support. Wittiest said, the world would be reedy to condemn Mrs. Carr, and she had nobody to tell her when she was wrong but the witness. When Mr. Carr returned front libt journey in July, witness gave him a hint. She had then no idea that there was anything eriminaL Witnesa wrote to Mr. Cart when he Irene on another journey ; she wrote in August and in Septen her. Hi did not return till the 211th of September. Mr. Carr appeared to witness to have a great opinion of his wife, and great conCieece. Mr. Lillington wad s cotiblential clerk, at Vail. a year. Mr. Lil lington was a lemon making a profession of religion. Mr. Carr I was always a very current man. Mr. Can came to witnesses this 129th of September, in consequence of what then passed. Witness went with hint to hi, house, where he saw Mrs. Can and Mrs. Shelton. Mrs. Carr went awsy on the Monday ; alte returned on the Tuesday morning, and then went away again. Mr. Carr was desirous that she should remain • she came on the Tuesday to pack up her clothes, went elf then. and rawer returned. Cross-examined by Mr. floenterw.—The family at lloc}ly consisted of two maid-servints and one mina, who ocentionally worked as a gardener, or at any other job. There were six bed moms on a Hun?, and there was it door opening from Mrs. Carr's room to the room where Lillington slept. Mr. lillington was about twenty-five. Mrs. Carr had four children ; the eldest I five years and a quarter, and the youngest only twelve mottos. - - - - • - - Susan l'u ' nh, examined by Mr. ADAKS.— W as serv a nt t o M r s. Can from May to Sep erulwr last. Eliza Ward, her fellow.s rant, slept in the same room with Mrs. Can when her master was away. Mr. Lillington desired hat on the Sunday Mr. Carr went away, to say he was not there, though he was. in fact, there twice that day. When Mrs. Carr was going away, witness begged of her not tolcsee her 'tense. Mr. Lillingtms and Mrs. Can left the house together, twenty minutes past eight. Mr. Can returned at nine, after they were gone. Mrs. Shelton, a lidy living at Dirminglism, deposed that Mrs. Carr came to her house when she left her husband. Mr. Lilting. ton called on her dine. Mrs. Carr sent for her clothes to her h.ut band, and they were sent to her hv one of his packers. Mr. Benjamin illackmore, of Chapel.street„ Bedford-row, Lon don, examined by Mr. Ansus—Knew Mrs. Carr, who came to his house on the Ist of October last. She mine to consult his sort professionally. who was not then at home. Mrs. Carr stayed at his house two nights. Witness then took lodgings for Mrs. ('arr, at No. 17, Henry-street, Pentnnvi!le. She removed there. Witness saw her on the Sundry morning following, walking, after church time, with Mr. Lillington, anti in arm. She asked if there was any news from ilirminghani ; witness said not. Witness called on Monday at Mrs. Carr's. She said she wished to remove from the lodgings, as Mr. Lillington had an uncle in Charlotte-street, Blackfriars -toad. with whom be wished to put her. Mrs. Care said it was exceedingly dull in Pentonville. and that it would be better to go. Mr. Lillington and Mrs. Carr called on witness to ask him to speak to the landlord of the lodgings in Henry-street about the rent ; witness went t 3 the landlord, and in consequence of what he then heard, he spoke to Mr. ',Willow' and told him it was extremely improper in him to sleep under the sante roof with Mrs. Core, lied the witness expected such corduet, he would not have taken lodgings J.ii.ington's answer was, the accusation was iinpossible, as he and Mrs. Can passed as brother and sister. Cross-examined by Mr. GOI.HURN—Mrs. Carr asked witness to address a letter to - Mr. Lillingma, because a man's writing was mots narked than a lady's. Hz hail no objection to address this letter to liillington, because he had seen him before. He addmused it at the time without any knowledge of its contents. Mr. John Bunting, proprietor of 17, Henry -street, Pentootrals, confirmed the account that Mrs. t'arr took the lodgings at his house. A person who called himself her brother called on her. Witness walked in the garden at the time; saw Mrs. Carr's bed room window up, and the curtain drawn up, but as he came froth the bottom of the garden he observed that the window was let down and the curtain drawn close. Mrs. Carr left his house on the Tuesday following. Mr. Lillington paid the rent as if for his sister. Rachel Lip tell, examined by Mr. Anams.—Was servant to Mr. Bunting, at No. 17. Henry-street, PentuaviUe. Remembered Mrs. Can coining to the lodgings. Mr. Lillington came on the Sunday morning following. %l knees took his name to 111 n. Carr, who de. sired Mr. Lillington to walk up. ‘lnt. Can came to the drawing. mum door to receive him. She said " How do you do, William ?" She called him William. They then went into the room together., Mrs. Carr desired witness to make up the bed in her roam adjoni. ing the drawing.room. Witness did so. Shortly after, Mr. 14,. . lington called fur a boot jack. Witness made up the bed, and put it in order for the day. Witness went soon after into tbs drawing-moon, to put coals on the tire. There was no one in lbw drawing-room. though Mrs. Carr and Mr. Lillington were then' . short time before. Mrs. Carr's bed-room adjoinea the drawing. room. In a quarter of an hour. when she next came up, they re turned to the drawing room. Mex. Carr first came out of the bed room in the same dress, and Mr. Lillington in three minutes after, Witness went into the bed-rain in a quarter of an hour after, and observed the bed was tumbled. She knew two people had lain there. She made the bed again. Witness went into the drawing room soon after, and saw Mrs. Carr sitting with her arm round Mr. Lillington's neck. She saw them at another time ;he was sitting on a chair opposite to MN. Carr, a ith his legs on her lap. Mrs. Can asked if a bed could be had in the house for her brother. Hs slept there two nights. This witness was not cross-examined, but was recalled to prays the identity of Mr. Lillington as the person who slept there. Mr. Benjamin Walt n wrs present when Mr. Carr asked Mr Lillington where he Pad been since he went off his journey ? Mr. Lillington made no reply. Mr. Carr then asked hint in a warmer manner. Mr. Lillington said, to London, as he had been sent ter. Mr. Carr gut up in a great passion, and thrust Lillington out of die room. Mr. Robert Riackmnre, 7, Chapel street, BedfordTOlV, London, solicitor to the pldintiff, deposed, Oat the person pointed out hy him at Bromsgrove, in Worcaterahire, to witness Rachel Lippd4 was the defendant. On his cross-examination by Mr. Ilounevcm, he stated, that when Mr. Carr arrived at his house in London, he was at Binning ham ; that lie had frequent cum ersations there with Mr. Carr re specting his wife's absence, and as nothing criminal had then been disantercil, witness endeavoured all in his power to effect a Neon. ciliation between Mr. and Mrs. 'err ; and when he left firming. ban Mr. Carr told him, that if 3lra. Carr was convinced of her error, and would drop the acquaintance with the defendant, he would take her back, and endeavour to make her happy. Mr. Joseph Thornton d !posed, that the defendant told him that he was left a legacy of NMI, which, with money in the funds, and his salary of M I. a-) eat, gave hint an income of UM a-year. The letters ware then read and put in in eviienee, and the east fur the plaintiff closed, Mr. Ilnaustreo, for the defendant, then rose and said, it wag his duty to address some observations to the Gentlemen of the Jury on behalf of the defendant, which he would condense as fair as the nature of the case and the opening statement of the Learned Counsel for the plaintiff would admit. His Learned Friend bad commenced his speech by commenting on the law of Moses sod the penalties inflicted by the old law on the adulterer. Bat the Jury must be aware that adultery. however heinous it might ha, was not in this country a criminal offence; it was, according to the law, a civil offence, and there was no power to punish criminally for it in a Judge, much less in the jurisdiction of a Jury. The duty they had to discharge was to say what compensation the plaintiff should receive hi the present case. They should recollect that the husband was forty, and die wife not more than twenty-six year. of age, and that the defendant was but twenty-four. This disparity of rars was a strong feature at the outset of the ease; it was impossible there could be a full congeniality of dispo sition between a man of forty and a wife of twenty-six. Ile was aware that there were many Instances of greater disparity offering themselves in every day's experience in society ; but the present, though not an extreme case, was worth attention on that ground. From the time of Mr. t'are's marriage, he and his wife—the unfor tunate lady whom guilt was that day the cease of their inquiry— liveth—no, not lied , but continued as man and wife until .Septews. bee last; for, in fact, he was absent from home more than half that time. Six weeks in each quarter he was on his commercial journeys, extending, his connexion, accumu!ating wealth, sod se glecning what should be dearer to hint than pelf—his wife. His Learned Friend, in his opening, had aggravated the injury, by saying that Mrs. l'arr was a beautiful and accomplished woman but the .lury had the opportanity of hearing. front the mouth of a pretty girl, who was therefore a good judge of beauty, that Mrs. Carr was very plain indeed. That ground must Matinee be abet". Boned. The husband neglected not only proper attention to hot wife, but neglected to take notice of her conduct when she gave hint such reasonable came of suspicion—not grounds of suspicion to justify his turning her out of doors, but en call for a watchful attention over her conduct. Ile was strangely negligent indeed. In July last lie was written to by Mr.. Dunderdale; in :twist and September he was written to by the sante person ; but his takes no notice; and when did he come twine? not till the very lest day, the day on which his wife went away. Was that the proper nor. duct of a husband watchful of his own honour and his wife's t fame Did his business require all this absence? Were them not traveller to collect oreerm for him ? Or Jr hr found it neces sary to takes journey to keep his connexion together, there was no rcasonahls pretence to keep him awry from his family half the year. There was great reliance placed on their domestic felicity, !, ~ ~. .~ i ~`~ i