The British Press; or, Morning Literary Advertiser. — London, England, 1818-01-26 00:00:00

A . -viPl.ot lt; otttet.z kr _: ..---- •••• - 1 ii ." , -.. ...e.: -..... -' 7 - V.,":-..... -•-•- ' - "N''...-Rtl 4 , 0 40 • 1 / 4 ; ) „.?;:47 . ...f7.,..."30 : ...! „.. 7‘ , . 6 r , ..... 06 4k ,, ,.3 a WINDSOR, J. 25. IF le4terdey the Duke of %Immix arrived at the Cool', on a visa to her MAJESTY, unit the PRIN.. CFS4I.A, dud afterwuds returned to Loudon to dinner. Taus morning her MAJMY. the 'Duchess of Croccssrsa, and Printer' after at tending Divine Service, ►ode out in s coach unti four, 'mended by their Ladies in by Saa 11l a i BRIGHTON, JANUARY Ci 4. %lost or the Cabinet Mitikers are arrived at the Pouliot), for the purpose of holding, this day, • Cooing!, at which the Speech prepared for the °pro aiL! of Parliament will lw rol ttetl to the Prince Regei.t. Hi% Royal Highness was in public oil hoist-Weft,ou Alonday. He looked extremely well. The Doke of Welliesoon ta expected. The Duke 1111 . Ciat 11110 is recovering. KING'S THEATRE. The encouragement Signora Coatit receivefl ft her feel the spectators was obvious in her ixtforiumice on Saturday evening. when she exhi- Lied a more perfect p 080, 1 1614111 of her theatrical power• iii the character of the Countess, in Figaro, and rxrried her vocal abilities with the happiest ef fect. The house presented a boilliont dilphey of rank and I.lshion. The Margnis of ANGLE+EY and the Ladies PAGET. tort errd OD Saturday et leis Lordship's resi dence in linrhogton-street, from Brawlesert. The Earl of SEFTON, by recount. received yrs terdae. we are happy to learn, is lout!. better, and in a for way of recovery. The Earl anti Countess of JER. Y arrived yes. terday rveniag at their honse sit kelev-vqoure, from the Duke of BEDFORD'S teat, %Vooburu Abbey. Sir HENRY BT.ScIEWOOD arrived at Portsmouth Mi `a+unL►y eirroing, (sous Brighton, to embark two of his puns, as Itlidsliiimieu. iu the Ern:await. The Right Hen. THOMAS GICVNIrtI.I.E arrived on Saturday ut hiy hoube in 4:level•uid-aquure, fruits a tour. lonel DICKINSON and THOMAS BACON, Esq. I r ft th e St. Jameh's Hotel, Jenny's-street, yester dot•, fur their peat iu Berks. Should the practice of a manager flogging an author become general, a thrMing machine will be feuml a urcesaary piece of machinery in our Theatres. Portsmouth thertre opened foe the season on Monday last, with the performance of Mrs. MAR DYN. Mrs. Davisom eommences au engagement at that theatre this night. Arrival. at Jordan's Hotel, St. Jamea'..street : The Right Mil. the LORD ADVOCATE of SCOT LAND; T. 11 . HI ORE. Esq. M.P. awl Mrs. IV nu T oRE ; J. E. BAILIE, E.q. M.P. ; General liy•Tact:; and Captain and Mrs. PALMER. Departure* fruiu ditto:—Sir 'l'. R. and Lady lisiciart,oud Mir. LIN N AID* ; Sir C. and Lolly li% ASV ; Colour{ and Mn'. AusriN ; Mrs. J. WALK I R and (airily; C. COOKE, Exl, and Mr. 5. and %I.'HUETAKER. Arrivals at BLike's Hotel, Jerinvii-street Ilai‘i:-Geiteral Sir ALEXANDER CAMPBELL, Bait. fraiU hi* seat in Devonshire; Captain and llrs. Cu %REM E, from the East Indies ; Copt. Bitioris, U.N. from Pam; General and Mrs. TRAPANI, f.lstilly, from Cheltenham. Dry:alums front ditto :—M.ijrir-Generol Sir *EDWARD BETIA R. Bart. and Mr.. BUTLER, for Dahlia; K. W. PALMER, Esq. fur his brat, Home Park, Berk.. Ansoog the lost orris:ill tat reuth TArl am! Countess a Cork and Imaily, Bishop of Rath sint Weil% Lurd dr Chtforil, Sir William Hall, Lieutenant ner.il Sir 11. Cosby, Sir J and I.aoly Rinehtl, Loy P o u r ., I.siy Ann Plate, Lii•iitroasit.(;ritrril Miner, riviiiral Oir, 11 , j..r ti , orral ilallows, Colonel Iliotoo, I.KuUurul•Cslonel Bomb, Lieut. 0:III I. Ci.loriel Cutler, I 01111 prime, Lieutenant-Cohn:el Ci.hre, Colonel awl MIN. Horner utd •ai.i ly, Coloucl Pc pryer, Colonel Pine Collin, a ol 31ajor Asuletw%. - . . Captain it st.t.'s seconnt of his Voyage to the Creat i.ao C.'hus Islauct, will be published on Sa turday. The "waivers:try of the hirdi-day of hcr Ma jedy was duly csletiratril at Portsturotth Ivy die ships of war lying torte. which tiled it royal, salute at nom, in which inaritestatioli ot joy, Atimipit Tow Mott.is's Iltoc.tato seitiatiton joilwit, and ii, lour .if the day each shop of that nation displayed 'fob ;, colons at the Data. and his imperial klajai I ational ellt• .1 t h e fore ~ i gil Wien WNW • lrhe triiniiii in the garrison celehrited tits happy an 4 lay, when they were drown ont rotitiM Furs by Lord 110 WARD, and tired a f. 'I-de-joie. Wr mate, with meth concern. lint t:ie amiable Duehros ut 11' ELLS ti GTO!, hall beet. !.... r -ly indis. Posed rut many tldp., ati-in , r from a dreadhil acci dent, no le.• than the brettCo ; ,. one of the tetalnmt ArAille. Th . .r lanientalile occurrence arnie in a tin -4,11.11. Will. The Ciituvring are !lie I.cl:a :—lles 4 11sce Nor marlin,: a boors Irons In i ;:410,1•011.11111%. baud, ill aim II he arid, " in les. th.ot Surly lawns of er the receipt (Ilk's I Pisan tie ill Lemlill/li." 'Elie I.ho.hroi had ',nicer& d thus fir, alien iii liiii'd lilt. Tlllifr. In the kurtied anxiety to receive lo- ...el ""ne elnitur e. she dew to hi 3 atm., hut unh,rto ortely one of her feet corning in cosititet With it table In. d ioirg she fell, aid met a ith the accident Hhittlf . 4 14e11. A series of hasterir fits followcil, and her en , l'e did not recover till site wit, corned to bed. Il i • his arose front eXtreme Alejection, the irstilt of in heslih for al bug time past. Tile ri rot yeah'''. tiat...i.o., that the I)tivlseas was taGer better, but slip Ctol.r.!licit to litt bid. DUELLING. "Ititt.Tlf, JAN. In. The legal isignirc instituted ag stn.'. Col. Tim4l, and the ei.derunt Captain of cavalry Goseliitikr, fur lighting a duel, is now terminated, awl his b-en followed by a sentence which is entirely conform able to the severity of Our laws 111)011 duelling. Tins first mergence ling been pronounced only on the officers eiignged in giro afftir. Colonel 'Meg has been sentenced to nine years confinolstient in a for treys, and his second to the saute punishment for fou► years. It is said that his Majesty has confirm ed the sentence to its full extent. Sentence has nut yet heen missed. Upon M. Go•ehitzki, who list ing been prerionsly cashiered for other transgres sions, is no longer amenable to military The above dectirron has excited great sensation in the public, who loam been accustomed * to inch." very indulgentlyof affairs of this nature. Oar laws, which lire oriel' over ►evere in regard to duelling, generally found its the way of thinking of the Judges, or the isolulgenca of the Mowing', ■n application more suited to the nature of a crime which the spirit of the times renders more excusable than it is in itself. It is therefore believed. that the equity of the King has suffered the rigour of the law to take effect in this case only. because an affair of military duty was the origin of the crime. It is honed. however, with the more confidence, that the King will mitigate the sentence of Colonel Thiel!, as hie Majesty hair lately given him a fr.wli .-• '- favour, by enstforritle on him Ow holooturdbie post of Inspector of the Landwehr at Potsdam. TM IC CIIAS M. The Hampshire Holm& will sweet this 'lay at Herriaril House; To-inurrue, at Hrunkwooil Park; Thursday, at MrillitiAl Green ; Saturday, at Cheltuu House—at tea o'clock each day. The Humble'lon liottmls will meet this day at the Water loo I'm ; Wednesday, at Old Winchester 11111 ; Fridas, at Steven's Castle Down—at ten o'clock ekch day. The Goodwood Hounds meet this day at Granule' Wed nesday, ■t the Black Roy, Fishhutsre ; and Friday, at Fite hall—half-past ten each morning. These bongo& hive killed 171 brace of fuses this season, 'Nieto( which were last week, one after a run of Any minute*, another in an hour and twenty minute*, and fliebird in an boar nail forty 'ninnies, each time without a Sir Thomas Mosques Hoes& will meet this day at Shurkburgb Hill, and Lord Middleion's on the 97th. at Shen. aington New Ina, fur the enarewienre of those gentlemen who may &Head the Ball glees at Banbury on t►e 16114 for the benefit of the National School established there. O P AN AWFUL DE.4TII. ..--....--. OR the ?Minot. • Sheriff's officer went to the house of Prier Holway, a farmer, near WeSmoot., in Somersetsbire, to levy an execution far 111. His wife npbraided Holway for not having informed her of his being served with the ini tiatory pewees, as in that rate the espen.es might have been avoided. In the course of her reproaches she calm-seed a wish that he was dead. Hotvray then mod he would go to his son's, a distance of shoot two miles i to get his assistance to pay the amount of the levy. Jest before mounting his horse, he took oat his anuff-hox, moil presenting it to his wife asked her to take a pinch, ithich she seoenfial7 declined, and moil, she wished " that he might break his neck before he came home." This wish was unhappily realised. for on returning with his sun, he slublealy dropped from his horse hi a St, and dislocating his neck, expired without uttering a sellable! A coroner's inquest has been hell ow the body, who returned a verdict of Died Ay Ike Vlsitioliort of doff.— llor wife has been ever stare iv a must afflictiug stare of wretchedness. _ The funeral of the Right lion. G. Ross, took place on Friday at Chriitchurch. Nine mourning coaches and a hearse left Southampton for the occasion. The remains of the late THOMAS SHERIDAN. Eig. (who died atone tins since at the Cape of Good [lope). brought home in the Abeonas tran ►port. left Port►uwuth ou Saturday morning for London, for internelit. A Public Meeting will this day be held it the Crown and Anchor Tavern, to consider of the in crewed price of porter. The proceedi ,, v .iii lie detailed in the Monday's Edition of The Observer. OtiUnfitly, as two young Gentlemen, sons of ---- Comae, Erg. and Mr. BYASS. surgeon, of Arundel. were oiling in a bout en the Rarer Arun, below the town, • squall of wind upset the little vessel. and they were both drowned. The Semaphore signal post. to communicate with the ships at Spithead. was commenced erect ing oit the Platform Battery. at Portsmouth, on Sa turday 1114:111bing. Shins treenail ling in Portsmouth Harbour—Queen Chodulle. liorlochrt, Vengetir, Spartan, Tamar, Drake, .SAintroek, and Pike. On Tuesday a Meeting of the Committee of Management war beid at the Pi.tistpouth Cams( °Mee (et etbich the HOPI of EORKIIIONT, Vietothil K UTIS. and Sir 1.. Cotters. Hart. attended); when it *as determined that the Snrveyors should be in structed to snail out the quantity of ground wanted up the intended line of the Canal, iii order that the ittfittiAny be purchased, preparatory to commencing thadostportant work. fliatiout u,JIN. In.—Yesterday the Mayor and Aldermen of this Borough went in procession to the Hue. attended by au immense concoutse of peo ple, end canoed sonic notices to he cut down, which had been affixed there by order of the Ordnance Buard. by which a chains ass set up for that epui of land. A large niiitary force were 41110V11 up 041 the gio 00000 I, which presented ato table appearance, and created nu small tlegree of alarm, but no or riot's resistrn •e was made on their part ; and the business tvis e:ll:cted with leas diatwb.tmce than was at tint expectra . The F'e.ut•h rnarkr(.lL3ata continue to purchase with a+ubtt• ti;.• nertirigo cauxlit ull Purist 11111 l th. Tl, e) I,lllli Last eru.un so lOW us !hl. per bushel; but our ovw I • rtrurls gmvt•. ins Triermilay, Inking ut W.r•r J.tmat 34. per bushel. There are mite upwind& of •;Uu tessel. mod bums employed in o n . fishery. JAN. ?J.--Yesterday s Gentleman who Iris been *toying Nt tile Fountain Inn, came fill Isnr•i:lnick towards Ntr. DAY'S Singe, which runs into the sea ; tiller titittiits his horse r and giving it its chitte of JOHN (s ildt.Visiter in attend ance). he ran to the end of the stage, NIA leaped into the NCU. rollllll3lely thrre weir twvetai per* SODS on the %u, by whtnU Ins life Ofil %.IVc.l. LAW EvrELLIGENCE. COVET OF KING'S BENCH, %Tr% SATURDAY, JAIMART 24. APPEAL OF MURDER. tt'IL.T.?Atl ASHFORD V. AGRAHAM TliortNTON. '1 he pi tr,t , eritligs in this novel case Were re.tursed this (hy. The Court having. near the close of last Term, appoi,;ted the *scowl day of the present 'ferns, for receiving the replication of the Appellee to the counter-plea put is by the Appellant. iu answer to the plea of wager of battel. The Court. at a very early hour, was crowded— :not considerable sums were paid fur ittlinit•sioil.— There were several Lair. present. A great con course of 'People assembled in ‘Vestinioster-Ilall, determined, if they could not witness the judicial proceethigs, to have at least a view of the parties, wlyse relative situation has excited such unbounded interest. Ahrahnne %'.o-itton, the Appellee, entered the Court by the private entrance, at Mlle o'cick. lie troy ocrompoisieil by Mr. Gibbon, tip-matr of the Marrhul of the King's Bench, attended by one of the keepers of that prison. He took his seat in the centre of the bar, the keeper sitting immediately behind him. Thornton looks extremely well. Con. fitsement seems to agree with him. fie is now, we think, nit her more corpulent thin' when lie first op oast —a dr•—..-• ..:-..••••ie lo perfect composure. IVilliain Ashford, the A pellant, came into Court, at half-past nine—and took his seal, almost oppo site the spot vshr.re Thornton was placed. Both parties were dressed in black. Prior to the arrival of the Judges, Thornton was busily employed in lookint over the replication, that bud been prepared, and which his Counsel, Mr. READER. exhibited to him for that purpose. At half-past ten the Judges took their seats — when Lord ELLENBOROVGIII called on Mr. Clarke, Counsel liar the Appellant. Mr. C1.4111LE.--" My Lord, the Appellant, 'Wil liam Ashford. is in Court. Mr. Reader appears on the other side." Mr. READY.R—" My Lord, the, replication of the Defendant to the counter-plea is ready." Mr. CLARKE inliiintecl, that Appellee, 110 t De• fendant. was the proper trriii. Mr. 14.sntelb—" I Amid corrected. I must call him Appellee." The replication was then handed to Mr. Le Blanc, a Master in the Crown OCT. Mr. CLAOILE—" The replica nand he vefl• tied on oath." Mr. Justice BAYI.Vir—" Is it so verified ?" Mr. READER—" The Appellee is here. ready to verify the facts contained in this replication, by affidavit." The Appellee wa• then sworr to the *kith of the factt. After which— Mr. LE BiLaac• read the replication—which was in substance as follows : " 111 the King's Bench. Abraham Thornton, at the suit of William Ashford. On Saturday next, eight dap, after the morrow of St. Hilary.. "And the staid Abraham Thornton smith, that he, notwithstanding any thing stated by the mid Wm. Ashford, in his counter-plea, should be permitted to wage battel. For the said coualer-Plea 6 in sufficient. and lie is not bound 1•P•1he law of the land to give in any answer thereto.-- But nevertheless he with, that before wad at the time of issuing the said counter-plea, there were and are, lie following strong ',roofs and violent presumptions. that he is not guilty of the nukrder and felony charged against him by the said oft of appeal. That is to say—that, at the time the said Mary Ashford went to the house of the said Mary Butler, on the morning of the 87th of May, as above set forth, she went there alone and unaccom panied by the said Abraham Thornton. And he farther says, that she left the house of the said Mary Butler. at about a quarter after four o'clock. without him. and proceeded- from Erdington to wards Langlty, in the county of Warwick. A short time after she left the house of the said Mary But her. sit.: was met at a short distance from the same, is • direction leading from Erdingtrin towards Langley, by one James Dawson—the said Abraham Thornton not being then hi company withiter,•por in sight. And in a short tune afterwarderroltalloin the space of a quarter of an hour after she left Nee house of Mury Butler, she was met by one Thomas Broadhurst, crossing the turnpike-road from Lon don to Chester. She continued her course along a -place called Bell-last, towards Langley aforesaid, ahe being alone at the time. And the said Abra ham 'flioniton farther says, that at the said se weial places where the said Maly Ashford was, aa. o,furesaid, seen by those two persons, the said toad was broad and straight for a considerable dis lance. to :hat if he had been there he might have been seen. if proceeding in the same direction with her. And he farther says, that, on the same MCtflk. log of the 27th of May, at half-past, or to tatitysfive tnitsutea utter four o'clock. he was met be the M. lowing permits, viz. Win. Jew gs, Mahlia Jen atings.audJohn Hayden the younger, being persons with whom he had no sequaintatice, while walking in a tine that led from Erdington to Castle Brom* wick, which was the direct way from Erdingto• to the house of Appellee's father, where he re. sided—end the said Abraham Thornton was then walking very slowly. leisurely, and cop's pettedly, along the said lane--and did not appear In any degree of confusion or dltOftllef• He farther saith. that he stopped near the farm-house of John Hoh i b lig —atirl, when he went a mile flom that f as rm-house, he was seen by John Holding, still walkiug its the same direction from Erdington to Castle Bromwich. It was then about tire in the anorniiie. lle was well acquaiitted with the said John 116111161 g, and conversed with him for the space of a quarter of an hour. after which he parted from him. and continued to walk toward+ the house of his father at Castle B - wick. And the said Abraham Thornton farther that one John ‘Vixoleock saw him and John I loldiog flop anti converse together—awl he war afterwards seen by one James White, at half an-hour or irt minutes past live o'clock. at Castle Bromwich, when lie was walking slowly and lei surely towards 104 liitlwr's house. And lie farther saith; that the distance from the house of the said Mary Butler, elan . Bell-lane, and over the s t i r ! . harrowed-field, ill the collider j,ll.l.l MC1111011(.11, 1111 the pit of wilier where the said Mary Ash ford was drowned. is our mite. too fibrimigs, nut! thitty yard.. /Sod the disoloce f otti the farm house of Joint Holding to the said pit is one mile. three furlongs, and y;irti.i. Awl the itiptinice of 1 he Paid pit of water round by io ttie hone or his tither Is 101) *.tiles and 1 wo fin-limp at the And the said Atirolusin Thin, Ittilla funnier with, hit I the way to tile said farm-house of .1111111 Holdih g. the elder. by %%16411 any 'heroin travelling on foot could i •.eal it its the shortest. time, is il e j ing : that is In say—Along the said pit avd tlirotiqh certain closes. by the Chester road, near to the 1 skirtlen wall of one Mr. I lopkio.. moil -is over cer thin other enelo-ores, to it certirio haloe be rose Mr. I I.riffer's, and so to the farts-house of the said John Holding. the rider. Aid the. tlistithee of the said pit of water nom that measured by that wad, os olv• ulitv s VPVt'll forlongs, and 170 yards. And the sent A lit-wham Thornton farther seith, that the distalice from the said pit of water, in is direct lira., to th e fapirn-honie of the said John Holding, the elder. is one link. fair I furlongs, mid GO lards—but that there is, no fole• • path ill the direction last mentioned. eseisitt fist /111011 t one IhUndred yards by the ealial—thid, the intersecti o n of different enclosure.. owl the iiiterventi )))) of hedges, it would require a lii,Jvr time to prone-A by the la.L-tnentiouiii cool 'him the more Chico stools presiously rooted riot. Aid the s.iid Alsrahain Thornton farther Barth, that thse clo c k at the .urge or the wild Mary Butler. by which the time of the departure of :lie said Mary Ashford thelefrom is faxed, o coot pared, on the 27th day of Mar. before any iliter4.• titres was made ill the time, by Win. Psi'. a person wholly wok •Il to the said A. Thorritoo.anil called us a witioh.s by the Phoseeutor, with the true time kept at 011(1 found to be cm net. j And that the time Id• the clock at the 611111...1111Wte (If John Holding, the elder, was also. on the 11117th day of May, before any alteration was made in the time, c pared by Edward Twarnley. with the true time kept at Birmingham. and found to lie correct. And the said Alnallarn Thorium' therefore saith, that the quarter after four, when the said Mary Ash ford left the house of the said Mary Butler—and the t•iiity-five tmfuute. or half hour after four, when lie was seen at the iir3oh„ I lidding. the elder, together with the other times uncut .41, were all correct, being measured by the tribe time at Birmingham on t h at day. And the said A br4tin Thornton farther smith, that on his arrival at Ins father's Infuse at Castle !!toroth, on the monolog of the 27th of May, he changed the hat and coat which he wore on the preceding night, but no other part of his wearing apparel—mod continued to wear the same shirt, breeches, stockings, nod shoes. which he had on the night before—awl these lie also wore whets taken iuto custody for the mud felony and murder. And be farther saith, that on his apprehension as having been guilty of the said felony and murder, he was taken before one William Bedford, One of his Majesty's Justices of the Peace for the county of Whir wick, before whom the witnesses were examined in support of the charge—and he beiug also examined did give its his examination, which was afterwards signed by him—in which said examination, he Save am account of the several places lie had been is on the night of the 26111 and the morn ing of the 27th of May, and described the se veral persons whom be saw during the said night and t . x . Anil no fact stated by him in Ins said examination ham been, in any m ocher, coil i trailicted by any evidence then or subsequently given ; but, on the contrary, all the material facts have since been fully colifirmed by various wit nesses, as well throe for the prosecution of the indictment, as those examined for his defence. And the said Abraham Thornton farther said), that at the General Session of "yr.! 141111 Terminer, holden at Warwick, on Saturday the 22. 1 of in the 57th year of his Majesty George 111. before Sir James Bailey, Sir G. S. Holroyd. and others their fellows, be the said Abraham Thornton was indicted for the murder of the said Mary Ashford, amid the following is a true copy of the indictment. [Here the indictment fur mnriler, and the record of the A ppellee's acquittal, were introduced.—!'hen followed a declaration, that the Abraham Thornton merit' d in the said indictment is the same Abra ham Thornton now appealed of the 9B id murder— and that the Mary Milord mentioned in the said indictment was the same Alury Aelifurd of whose murder he is appealed.] " And the said Abraham Thornton farther caith, that the facts. circuinstancee, and prorif4, in the counter•plea mentioned, and considered as strong; and violent presumptions and proofs, that lie is Oily of the said :r.:;rder and felony, and also the said wend facts, tire lances, and proofs, men tioned in this replication, were. ill troth. proved at the said trial of the said indictment against th e said Abraham Thornton, for the said murder and felony. [Here wens introduced a copy of the indictment aramst the Appellee foe the rope, and of the re cord of his acquittal.] " And the said Abraham Thornton further mitt'. that the facts and circumstances set forth iu this replication, *fiord stronger presumption and proof that he is Nat Guilt y , than the said facts and cir cumstances, in the said counter-plea set forth. afford presumption that he Is Guilty, of the felony and murder of which he is appealed :—Wherefore he asks judgment—and prays to be permitted to wage battel against tile said William Ashford. (Signed) Anaurissi TunavriKa.“ the King's Bench—Between %Vahan) AA ford and Abraham Thornton. " Abraham Thornton, late of Castle in the county of War%%tek, but new 2 prisoner in the King's Bench piistin, labourer, enskeili math, that the (Nett' stated in the above eplicut ion are true." The replication and affidavit of verification hay ing liven gone through, Mr. CLARKE said—". On the part or the appel lant, I ask for time to answer ihi. replication. If your Lordship►' pietist, till Thursday next uill bes sufficient." Lord Er.t.snsoßoua►t inquired whether Mr. Reader would assent. Mr. READFIL—" My Lord, I can haw uo ob jection." • I.old ELLESIOROUGH—(to the Appelloo)-- ail - -v0,..:rii •... 4 , • _ t.. .. , A ` ou na!nppear on Thursday next to answer this leplicatiou." . , Tie C glen proctede I tn liettr orguot.tit* on nunions '' _ w trials, which were destitute of p;thlie i • , SI'SPEN." i 1 OF TUE H Br.:ts CORPUS ACT. A. t tlirrr•o'clock Lord ti.i.Ertaititoucui matted tie 101 l ,seen Informed th , it there weir some persons in Cit Art deairons of making motions; if .u. lie would brier them then. A nom of &vent appearanew, dressed in with his hair powdered, Own rose, nod said 1w has. motion to make. He wns not inspired yesterdny. Ife hod not onooney . eoloor 4 lo, nor wa... he rich enoor.:11 to throw away ten pfMillig i n enillinVing Other!. It: represtoot 1110 Illtgrotr. He wrote to Lord Sirtmoutli to Consult loot how lie was to stet ; hot his Lordship deelitseri nio ilot , orolo i! with him. He had applied to hie t oti t.f o ip (Lunt Ellentiorootit with the *Arne view, loot lois Lirdooloito had said, that hr was not a coonsettor: that is was not lois duty to give advice. hut to 'lt a.., ode. roofer these eireuonstoinces he load a4sioi ;o present littnewif to 1.1;•.2ir Lordttlius' notice. Lo'fil Et r 1 N BOROUGH —" We cannot listen to these interlocutory sin•tchta f r om ev ery who may thick prove' to address tm What is t.ie isvotiois tou have to snake E." The peihoia in tre4tion—•' My Lori!, 1 lec.o to fume, either that i oily Ile tll. - iffirged B oni tae rreognizittice4 :tap which ( hove betit fotcod to ter. or that I may he brought to tral forthwith. - Lord F. WM11011.013:4 —" Ow what y,runnd do you move to have your ircogilizancev di-charged ?'• rronsEy-(ANFRAL at this moment elf:- teed the Court.) • . . Lord 14:t.r.L.Nr.onot..cn now asked the !taint of the pers.or w:1.11 ildlite•sed 1 1 , 01 ? The two, Atemeretl—.‘ John Johnstone." Lord ELLi-.trPORCI.;O•• — l . 14 there nu! reengrii. &thee ut John Irhubtone before the Court _ DiALIKY, Clerk of the Uro•vti arnang his papers, and answered to the lir fir:native. r. Lord 10.1.1.E1BOROU:al—" Read the recogni zance." Mr. DcAt.tr.lr then read the recognizance, which was taken before F. I'. Lyon, Esq. at the Castle of Exeter, and hound the defendant John Johnstone, tinder the penalty of 1001. to appear iii leis ijes. t)'s Court of King's Bench nn the first they of tl‘o ',reseal Term, to answer to :all and every thing. which might be alleged against hem, and there to attend from day till day non! clischarLf.A. Lord ELLEN unitoutai—‘' Now what hive you to object to this recoznizance ?" NU. Jou SToN E—" wish to state the circum 111311CtS under which my imprisonnient took &ewe. 1 have prepared an affidavit on the subject, which I am desirous your Lordship should hear read." Lord ELLEN coaotow—... I yesterday explained that there was no occasion for the parties under rt.- cognizance to attend till further culled On." Mr. JOHNSTON I call yon to read my ease, which is stated in the affidaviL I hold in iny hand." Lord ELLEtillortorc MIA object is to be derived from hearing the affidavit ? ' Mr. JOHNSTON E—" The object which I have in view is to have my recognizant:el, cancelled, or to be brought th trial its soon us convenient. Ido not me?.ii to he importunate." Lord ELLENDOIIOUGII—" It must appear that we have a right to cancel your recognizance before it con he done. Av for bringing you to trial, that is not in our power." Mr. JouNsTown-- 1, I presume you v.ill give tne a decided answer." Mr. JOIINSTONE—" Then your I.cirtlNllist weans to say that )ou'rettate to grunt any one el my iiii plieulunis Lord EI.I.TNIOROUOM—" 11 !man to say what The ATTORNEY GENERAL now addretted the Court at followt :—" 11y 1.0 r d ,, 1 had let nottce whatever of any inch 111U1jOilb u% thtwe w!-Tolt you hove heard being about to he inane this illy, ware %l i la I derived from the orilinitry channels of Ittoblea information, iti which I istV reported thin which oe ettrred yestertlAy. Iu cnotetiotoce of n hat I thus collected, I tilt it my duty to attend here and to Snide, that I have every Beaton to believe the gent b. wan who hat been looking diet•.. apphrottnitt, had notice before he left 11.1Am:better that Ids atttridiniCtil in Court would not be required. Laid LI.LL NI.4O 611-.-'• Then the iuconvt ui• Mr. Justice BA YILEY—" Can yon chew us nnv grounds ui which we shall be antliiiiized its ditty lug the conclusion that the recognizance into verde you have entered ought not to have been taken ?" Mr. JOUNSTONE—" du not pretend to stiy that there are any such grounds." Lord are a-.any Then von are in gm condition to make this motion. Unless you tau spew us that your reeeizaiLinee has been illegally take; we have no right to disturb it. Nl r t cannot have the mine of the Court thus wasted." Mr. 3°ll%m:ism—a The object which I am de sirous of obtaining is of vast impoi Sauce to Oar." Mr. Justice BATLEY-4' sour ayplication is eon fined to two things :—First, that you should be brought to trial forthwith. To this you h a re re ceived for answer that tie Cuint have not the power to bring you to trial. The second tlitog for which you apply is to be discharged from your reo cognizance, sod main this your answer has he t q l equally explicit. There is no ground upon which the cen Courtsati c sfy u. omply I hat ) i .. y m t r y i r t e n tls re co 4; i tti za o .n t e : e .-st, u h,a,lb nl e gaily obtained from you. You say your affidavit. does not (co to shew that there had been au illegality in the mode of taking your recolonzunee, conse quently we can afford you uo redress." Mr. JolllesTo h F.—a Then 1 must vertiiiitly beg of the Court (45 l shall remain in town, and by in attendance from day to day, as my reci.gnizance reqoires) to allow me the means of %typo , me self. It would ont be prudent of me to fr my faintly, and still to have this rreogoi7ailVe lit hi over my bead. It is my t:ecided wish. if my rurog.. Utlonce can't be discharged, that I be bought to trial. Li the interim. I hope your Lordships will. • afford me the means of tieing comfortaldy. v . Olir Lordships will not think this request mu easiinatili.." Lord ELI.LNuttRoUGH —" four opplirphoo, if nut unreationaiblv e cti tautly ous traorclinaiv one. The Court have nu power to comply with s ou r kW sire." 'l;:ir • ? 1 * • I 40 1 1 il 4 4