The British Press; or, Morning Literary Advertiser. — London, England, 1826-07-31 00:00:00

ROME CIRCUIT. I.I:WES, FaIDAT, JULE 28. CROWN SIDE. [Before Mr. Baton 611.1111A1 4 1.1 PETIT TREASON—MURDER. Veonah Thote'l was indicted for wilfully, floninusly, traitor rally, and of het malice aforethought, murdering Benjannn Russell, her late husband, by admitaistreing to him a quantity of arsenic, at Brightling, on the lith hay last; and D. L.Nsmu was indicted as an accessary to the sante murder. Th% case excited an uncommon degree of inters-t. The Cour was coward to excess with both sexes during the whole trial, which 1 mud neatly twelve hourr. The female prisoner, who ap peared to he about 40 years of sp. was, in fact, only 31 ; and the man, who aepeared to be about 30, was in reality but 19. Both were persona of 11l favoured aspect, and in the low at condition er life. During the whole trial, trey conducted themselves with: es we pelety, ar.d listened to the proceedings wi h apparently i btimeting attentlan. The female was aceoinmetlated with a • but seldom availed herself of the iadulgence. Mr. Asionews (with whom was Mr. Danny) stated the ease fur the pro•ecution at con-iderable length. Ile opened it as a case depending entirely upon circumstantial evidence, and invited the most serious and anxious attentian of the Jury to an inquiry so fearful in its probabletesult to the prisoners. The deceased Ben lamin Russell, was a men In the prime of life, being, at the time of his deaths about thirty-six years of age, a man of lofty stature sad great personal strength. 11e had, however, been for some time prey ouely •n alt health, and was in the month of May fast recover mg from) i a t om; I det. The female prisoner and he bad been mare rift] five or six yews, and maintained themselves by I.:tilling, at Ii wash, 113 this county, tinceetoined gin and beer without a Pee tee. The? hod had three children, nil of whom were! now liv ing. It would ep•eear, beyond the possibility of doubt that the deceased bad lust his life by poison ; sled the question was, whe. their the prieenets were the eteliy participators in so heinous a crime. lie p opened to establish inch circumstances at strong sus piei n as must pal y a reasonable mind that both prisoners were trot nmental ego his death. The male prisoner had lodged in the house of the deceased about live or six weeks previous to hat death. With respect to the female prisoner,. the circumstances of suspicion in which he mainly relied, as showing an adequate cause for the com mission of so foul a crime, were, that she and her husband had lie d unhappily together; that she had frequently used expresiona of reeentutent and towards him, amounting to an intentirm of deetroying life ; that there was strong reason to believe an illicit Intercourse had subsisted between her and the other prisoner, that shortly before her htieband's death she had purchased a quantity of ar e de, under the pretence of using I. to destroy mice ; that bane hi. death she had used mysterious expreesione anticipating that suet, an event was lik e ly to happen ; and that af ter the fatal event ha I recurred she ciadueted herself in a manner ireomistent with , 1 the id:a of perfect innocence oe so melancholy an occasion. As to the case against the male prisoner, the eireumetances of suspicion against Mtn were hie belief that a eriniinal intercourse subsisted between him and the wife; that he was the first person to commu nicate the death or the deceased ; that he gave various accounts of tl e manner in which the d a It was supposed to hare happened, and chit he had dropred expressions, from time to time, importing a kn twledge th it the deeetuied hail come to Ida death by foul means. —Aber minutely &tailing the circumstances from which he called I.p n ts . .e J Ley to draw au info ence of guilt, lie produced the fol io .i •e body of ev dente:- 11'.n. Rau -11, the tither of the deceased. sal I he saw the deceased rest his oen Naas; in the evening of Sunday, 7th May He w o het quit. pert, was cheerful, and in good spirits. Witness lived 'nut a quarter of a mile from his sen's house, in the same p iridi of llurwa.h. On the Monday morning. about one o'clock, h • was aroused from his sleep by some dirt being thrown at his window. Ile got up, and opened the Casement ; it was dark. The let ale prisoner was outside, and desired him to conic down and let bier ie. ti:ie said that Benjamin, his son, had dropped down in a fit. or was dial. The other prisoner, who was immediately behind h: - , • a:.I the na.ne thing. They appeared to hare come together, and w.shed wenes• to help to get Benjamin home. Witness thee e I himself immediately, and accompanied Leans , about three mks into ills parish of Bnghtling, and teeny brought him to a Lot aft, wee w they found the deceased lying wretched on his back. Ile w.s then dead, cold, and stiff. His clothes were on, anti there was a handle chief tied round his body. The sent was not far from the house of a Mr. Holloway, a farmer, about lid or iU rods from (Reddish Wood. The deceased was lying stretched on his back atraight, the hands close to the body. l'itc prisoner Lenny then said, ihat he and the deceased had been stealing soma corn from Mr. Holloway's barn, and had divided it into two parcels. The sack hick the decered was carrying was the heaviest, and he complained of a pain in his heart at the time. The prisoner then offered to take a t so n ul Ilia load. The deceased declined. and advanced up the Held with the load on his back, and prisoner, on coming up is him, Mond him dead, but he did not know whether he dr.mped down in a fir or si.,d a natural death. It was then so dark that witness could not P.M the dress of the deceased mimic ly. 1f fitness and l.eany then snored the body into Gleildisli ‘Voosl, and placed it on some oat ; r rain or stubble. Witness's motive fur so doing was to hide the •ham: of a transaction in which the character of his family might be inj•ired, by thing discovered that a son of his had been guiliy of a r IVitness returned home between four and five o'clock, letting Letny to f.dlow him a: some distance. In his way he saw a de s•ni n interl Thomas Hawkins, and spoke to him. • Ali itners did no know he cause of his son's death until the following NVetines d..y, wit n tie Co: °lees Inquest was held. When examined bee Ire the inch st he dil net give the same account of the transaction wit cot Ise n itr did, because he understood that those who helped to move the body would share the Fame fate as those by whom the de , e .sed was p intoned. 0 t his cross-examination by Mr. PLATT, the witness said he had r.o recollection of what he had aid before the Coroner. He was n a seen. The testament was put i •to his hand. Ile held It up to his mouth but did not kiss it. Did not say that he got np on the 31 obey morning about lire o'clock. and that he was going after a tot of spirits when he saw the body of the deceased. 'l'i'mas 11 twkins proved seeing and conversing with the last witness on the 31onday naming, between four and five o'clack, on hi, w y hems, being then about half a mile from his house. He adte i him if any thing was the matter but Its said nothing was the matter particularly, only that his wife was very poorly. He said nothing abort his son. In about a minute afterwards witness s;.ir 1, any following the last witness. Joh t Wondvell proved that, about eight o'clock on the morning of the fib of May, lie MIS going into (Reddish Wood, and saw Lea iy there. He was then about six yor seventy rods from the Woe: wit re the body was found. In about a quarter of an hoot, l.esrey muffled, and approached towards witness, and told him he !mind a dead man at the top of Irleddish Wood. Witness asked hint who it was? He said it was Benjamin RusaelL Wit ness a-le_sl lrm how he can:, there ? Ile said that Benjamin Bus soli was going for a tub of gin, and that he (Leant?) was to meet him ti :ere at eight o'clock. I.eany said he had found the body in consequence of his having occasion to go into the wood for a neutral p , :rpuse, Vierwise he should not have seen him. Witness aske hiun :f he :h sught Benjamin had made away with himself? Lean said he thou:ht he had not. He said nothing about robbing Hallo ai* b _ _ . Joh;l;ihesiher proved, that about nine o'clock on the morning In quesCo ), whilst he was talking to a man named Crowhurst, the prism er Leahy came te•wards them from fileddi•h Wood. Mr. Crasher:A spoke to Leany, and told him that a Mr. Hopper wanted t 3 see Benjamin Russell. Leahy said he could not sec him, for he bad just found him dead, in the tipper part of Gledilish Wood.— Witness asked hint how he came to find Benjamin dead up there ? Lenny replied, that he was going there after a load of smuggled goo,:s, and that he (Lenny) was to meet him np there at eight onl lie said he found him when he was going into a coppice no a return-I purpose. He took hold of his hands, and found hint dead and lying on his back. He then add that he was going to tell Hannah Russell of it—and lie started away, as if fir that purpose. lie said be had been up rather late, that he had been up that morn ing at seven tne:ocht. Saw Leany again, about two o'clock in the ,:., moon, going towards (fiendish Wood. Ile asked him then how ri. tnenht Mrs. Russell would get her living, now that Benjamin w dead—whether she would carry the house on in the same way as •ad done ? He said, " yes, for that he could get gin and beer as . as Ben cou:d." • nanutl Cluttenden, a farmer, of Burwa.sh, proved. that in conse queuce of hearing of the death of Russell, he went, about eleven on the ono ning in quesCon, and found the body in (Reddish Wood, lying in some nny hind grass, among some brambles, at the dia. lance of five or six rads from some oat-stubble. Ills temples were shscoleund; he was also discoloured about the collar-bone. The grass did not appear to have been trodden before, the weather being very dry. There was then no handkerchief about the body. The riecvabc.. was then about three miles from his own house. H c was a heavy min. The face was while, and nut discoloured. Witness Ca , ract the belly to he removed to a barn at hand. Robert Hoehn, a blacksmith of Burwash, proved that he heard of the deaths of RuMell about the middle of the day. About seven sneion< in the morning he called upon hers, Rum% Leahy came in immediately after. Mrs. Russell said she had been very much alarmed that morning with a noise up stairs: a blunder mg noise, as if somebody had jumped out of the bed. That she wno up stairs and saw nothing was the matter: every thing was in its place; the child in bed fast asleep. She said she con sidered it might be a token of somebody's death. She hoped nothing had happened to her husband; but it might be a rela tion at a distance. She said that her husband went out early in the massing, between four and five o'clock ; that Ire went some- where towatils the (Reddish Wood, after a tub of spirits she ex pected. Site said that her husband hail ordered Lenny to come up after biro in about half an hour. A fter witness had heard of the death tef iluseell, he welt up to Mrs. littrasell'e house again, and found Lenny and her together, sitting round the fire-place. Witness asked lawny how he found the man? Ile said he ti und hint lying on his back, wills his arms stretched oat ; and he went to lift him up, and Lard a gurgling noise in his throat. IVitness said, " Perhaps the torn may not be dead; Ire may have dropped in a fit." Inany sail he was certainly dead ; nlrs. Russell said nothing during this conversation ; she was honing with her hands ver her eyes. The prisoner Leany ha:l bilged in Russell's house about sin weeks. Elaabath Elliot saw Leany towards ten o'clock on the lith of May, a little on this side of Barmaid], going towards Russell's house. I said, " IVrll , old chap, how is your temper ?" He made no answer; I asked him whether he was wild ? lie said, yes. I asked him bow his mistrees's(Russell's) temper was ? Ile said he del to knew, it wand be woe►e when lie got home I asked him 'tinnier they were going to be arfortned aranst t•gani e said no ; r was worse flu her than that; he hail just been and found her old f!n dear!! He (Russell) was up in the Gleddish Wood; he was V m g wr'ne some spirits; Re did not knew w:len he went away, TJ4E I3PITISH PRESS. • when I went, and put the key older the water-bucket; Hannah Russell had told me to do so. Thomas Luck, huckster. knew deemed ~ .rd his wife ; was often at alt . !) house; has heard Hannah speak pf her littaband several times last winter.; remembers ("roes ,in 4110 prit last; before that time has heard her say, several ernes, " I wish he Woilltl droll dead, and never come hack any more; he also heard her !ay so on she fair-day ; and on the last occasion she visited be w0u.41 not go to the fair ; it was sal.: before her husband's face; dec6ssetl was a free drinker. James French was at the deceased's house the Saturday befo; his4enth. , Ben, Hannah, Lenny. and witnesa Were present ; was the, also s nout eight or mne days before his death,; they were all there then ; Ilannah said she would kill hint (speaking of her hus band, who was (leaf or make off with hint, sine way or other, and that she would he the death of him. Her husband Went out just as the was making use of one of these ex pre,sions. There was no quarrelling between them that I heard. The expressions were made use of by Halanalt Ituw,ell to me. dark Blackford kitew deceased and prisoners; was at deceased's house the Monday before, the deceased's death ; prisoners were there, together wi t h witness and a person of the name of Crowliur'at. Deceased cattle in, staid about an hour, and then went to work again. Ile saw nothing particular pass between the deceased and his wife. A lwr Ben went out; she said she hoped lie would Inver come home again alive. She hoped that somebody would kill him. I replied, surely you don't mean that, Hannah ? Site said, " Yes, I do; for there ale people about that I like more than Ido hint." 'cite prisoner heany and Hannah we-e used to play together, (dui ke got her in his lap. They appeared to be very fund of each other. Decoded was often out, anti away from home. whether it was last night, in the night or that day morning, because he bad not been at home all eight himself. Ilattnalt old him that lien wanted Leany to come up and meet hint at the wood; he said nothing about having been at the wood ; lie said he found hint flat on his back,with his arms spread out—and represented hie position with a stick lie held in his hand. Witness was at Russell's house at ten o'clock, with others, and tae . , two prisoners, the same day; hey were talking about deceased's death; Mrs. Heinen said her husband was in bed with her till between five and six o'clock ; that Wm. Russell, deceased's father, come in utter her huebaial went out ; she had a token of something on the fluor—she said he had left her in trouble, and that she wished the death had hap pened with her. she heel three children. 11. Ililder, a labourer of Borwitsh, said he first heard of Russell's death between ten and eleven on the hlontlay. Saw the female prisoner afterwards, near the Wheel, formerly a public house. She inked him it he had heard whet a misfortune she had had ? Witness mid he had heard it, but he thought it was not right--meaning he did not believe it was true. She said it wee true enough, she fancied. Witness said he thought he should go up and see the deetased. She said she would go up with him, if witness would stop for her. Two men then came by, who said they had just been to see die deceased. Witness asked than how he looked ? They said he was very black, and very touch swelled, mid that witness could do no good if he went up to the deceased. The female prisoner was present all this !ins. They then separated. About noon witness called at the female prisoner's house, and told her he should go and see the deceased. She said she w o uld g o with him ; and having given the children their dinners, she went with him to the wood. In the way he asked her what time the de ceased went away in the morning. She said at nearly six o'clock, the time when the workhouse children were going to work. Ile asked her where the deceased intended to go? She sail he was going to meet a man with some spirits. Ile asked her whether the deceased hal got some money,?, She said he had not, hot that he was to go round owmtewliert for some, and that Leany was to go sod meet him ; and that the latter went away from home about half-past six o'clock, for that purpose, taking with him a piece of bread and cheese, for his breakfast, and saying, that he was too late to wait foe breakfast. Site then said, that wheiPhi.any' was walking through the wood, he heard something of a hlickleitd fly up; that hue looked round, and saw the deceased lyi;fa on the ground; she then said she dared to say she should be forced to bury the deceased on Wednesday ; th it she should like to keep him till Thursday, if she could; that she expected he would be very much swelled, because he had eaten to !teeny a dinner and supper on Sunday. They arrived at the place where the body then was, namely, the barn-floor, and the female prisoner saw her husband. In the course of the same. day he saw her again, and asked her what time Leany went to bed on the Sunday night ? She said, " Why, Hilder ?" Witness said, " I ask you, because you said he was in bed here." Repeating the question, he said, "He was not iu bed here—was he?' She replied, " It does not make stay aids to you." Witness then mitt, Why, lien (ineaaing the deceased) was not n-hed here." She said, " Yes, that he was, by the side of me." Witness said, " Well. but Daniel (meastine ferany) was not." She said, " No, not beside me, but he was a-bed here." He then mid her, " lie knew that Lenny was not a.bed there, because h e knew a m an who had seen bun." She said, " I know who it was told you that; it was Newt:ins; curse lam, he may as well keep his mouth shut, end look at home." Witness said. " I know that Daniel was not tubed here, fur I know a man that saw Daniel, and your fitther (Russell) before hitp." She said she knew where Daniel was, and so did Russell, will she would say no ntrue. Wit ness had seen Ilawkine, and had spoken to him in the interval, and these questions were put in consequence of what Hawkins hal • aid. Witness had been to the house of the deceased on the Sun day, between ten and eleven o'clock in the forenoon. The de. ceased was not at home. Witness went again between one and two, and the deceased) came in whilst witness was there. The two prisoners were pretreat. The deceased and witness talked together about a sow which the former had to sell. The deceased then went out, followed by his wife. She came in again and said that the sow was hers, she had bought it, and that if the deceased sold it, site would sell him. She appeared to be angry by the language abe used. It was language unfit to be repeated. She said. " No, if he sells that sow, I'll sell him, and that soon." The deceased appeared then to be well and cheerful. Francis Russell, uncle to the deceased, heard of deceased's death about halt-after one on Monday afternoon ; saw the body in the barn ; sent for Leans., who came there; asked him how lie ( Leany) came to find the bad y ? Ile said he went in for a par ticular pup ate to tileddish NVood., and found him ; took hold of the stun, let it go, and it dropped; be put his ear to his mouth and found he did not breathe. I asked him if he (Luny) was at Ilennronn, Julx 20, 1020. home last night ? He said yes; that he did not get up until seven HORSE.ST EA LI VG. o'clock, a.m. I told him I heard he was seen at half-past four, a.m. This case occurred after our packet of yesterday had been tie. in Juden's Plat. He then slid he got up early to see his sister ; ,patched from Hereford. that his mind altered, and that he went out and returned, and Thomas Linsey was indicted for feloniously stealing, on the night then got up at seven. I asked what time Ben got up ? He said of the 19th instant, a bay gelding, talue twenty pounds. the pro he got up at six o'clock. I asked whether he went to meet him perty of Ann Nixon, widow, of Machin, near A berg:seemly. The by appointment? Ile said he did. I saw Hannah on Wedaes- prisoner was only brought to teis city toulay, and a bill of indiet day following; I asked her what time Ben went away on ment having been preferred ag a inst him at these Assizes, in con- Monday morning? She said he got up at six o'clock. I asked sequence of his being found in possession of the property at Rose, if Daniel was out on Suaday night? She said no; she said site in this county, lie was now placed at the bar. knew he was not, because she got up in the night to the children, Mr. Baron Gannow, with his wonted humanity, informed him, who cried, and Daniel was sleeping with them, and got up at that if he wished for delay, it would be certainly allowed him ; but seven a.m. he must recollect, that if he accepted this ale, he would have to re- James Russell, brother of deceased, saw deceased at 11 o'clock, main in gaol until the next Aseieee, unless time proseeutrix thought a.m. on the Sunday before his death ; he appeared well ; was at fit to prefer a bill of indictment at the approaching Monmouth As. his house about 11 p.m. on Monday ; kuew then of his brother's sizes, on Monday next, which she could certainly do, as she had the daeth ; saw prisoners there; they were sitting by the fire, appa- option of Instituting proceedings either in the county where the pro rently at supper together ; I went for the purpose of learning about petty was stolen, or in that county where it was found. sty brother's death. Asked at what time my brother went to bed The prisoner, after a long consultation with his attorney, and on Sunday ? Lenny said about ten. Asked him at what time be with Mr. WIIATELY. who had kindly offered his services on the himself went to bed ; he said very soon after; that he got up about emergency of the prisoner's necessity, did not know what election seven a.m., that he went up to the wood to meet hint, and found to make.. He said, ho sever, that a material whiten was not in at. him dead. Was not in the habit of visiting his brother, but was tenibusce at present. good friends with him. His brother bail been poorly a fortnight Mr. Baron Gennow—That certainly is a reason why you should before his death ; he complain:d of a pain at his heart. accept the indulgence I offer to you. dlr. Thomssl%bet Evans. sturgeon at Burwash—llad attended Prisoner—Then 1 leave it entirely to your Lotilehip's option. deceased frequently before his death, but not for two months ins- Mr. Baron °ARROW —But that will not do ; I have no option mediately before. Saw his body at a barn on the 10th of play, about it ; I have only a serious duty to perfunn, and you must make Mr. Newington and 3lr. !Wake b .ing wi h me at the opening of the election yourself. it. Examined the body to see Reny extensive violence had dactyl The prisoner, after some further mesultation with his legal mi med. Foued some considerable discoloration ;was visible about tints, determined to take his trial nowawithout further delay. the face, neck, aboulden, and as far down as the breasts. On The trial then proceeded. opening the body the tract lit, camber's, stomach, and intestines, Mr. JUSTICE conducted the. prosecution ; and it appeared in were in a high state of Inflammatien. Pitt of the peritoneum was evidence that the prisoner was found bartering the horse in dues. slightly inflamed, internally. The mucous membrane of the sto. don, at Roes, on Monday last, to a hone-jockey ; and it had only mach waelin many places quite curtailed. We found a consider- been stolen on the previous day, at a distance of 33 miles, in Aber. able 'tummy of gross white powder adhering to it ; the heart, gavenny, where the prosecute= resided. liver, and brain, were perfectly healthy. We took the stomach One witness deposed that the prisoner had asked him to sell the home, and analysed the contents by rations testae by which we horn in question for him, and that he formerly had had frequent su bli me d newly a drachm of white arsenic. A drachm would be horse-dealings with him. quite sufficient to cause death, indeed much more than sufficient; Cross-examined by 31r. Witerreu—Never'llail the least sus a few grains would, I believe, be sufficient, and a drachm contains Odell of the prisoner's honesty. I have known hint for years, and 60 grains. I have no doubt that more than one drachm was taken I know that he is a respectable small farmer. by deceased. Death would ensue, after taking such a quantity, in The prisoner being called on for his defence, said that lie bad two cr three hours. His death was caused by arsenic ; after arsenic purchased the horse from a man on the real, near Abergavenny, has entered the stomachs, violent sickness ensues very soon after whom he had described to his friends, and they lied been inces. taking, with a burning of the throat and stomach, and very speedily aantly searching for him ever since, but in vain. acts upon the towels, anal death follows. I believe that a person Mr. WitATELY then called several witnesses 'or the prisoner, poisoned would die struggling. I believe that persons who die who stated that he was a respectable farmer, and bore always an ex suddenly on generally discoloured after death. I think the posi. cellent character. tion - of the deceased is not tomb a one as would be that of a man The Jury found him Guilty, but recommended him to mercy. poisoned. 'There was nothing in the stomach but a little mucus in Mr. Bann) Gagnow then ordered that Thomas Middleton, who the duodenum. We analyzea through the medium of suiplutte of had been convicted of a similar offence juring the present Assizes, copper and ammonia, which produced a green precipitate. Apo. amid be placed at the bar, next to the prisoner last tried. plexy generally produces dinolountion. Mr. Bellamy, the Clerk ofAtraigits, asked them the usual ques- Robert Crowhurst, a shopkeeper at Burwash—Mrs. Russell came tion, whether they had any thing to say why sentence of death to his shop about a month before deceased's death; but he does not should not be passed upon them. recollect what she bought. lie went to her ou the 10th of May, The prisoners each expressed hopes of tile It niency of his Lord and asked her if she recollected how long it was since she was in shin, on account of their wives and young families. his shop, and she replied, "as near as she could recollect, about a nil 1,02132111, then addressed them nearly in these words-- month ; ' and in reply to a question as to what she had then bought, Prisoners at the bar—You are hotb liable to have sentence of she said, " the stuff I bought st your shop, we give to the mice, death pronounced upon you at this moment, and to be left by me and threw the rest into the fire." When I sell poison, I always for execution. The situation of 2 Judge, in the present circum write that word on the parr; she made no hesitation in saying that stances of the country, is rendered peculiarly painful by the the stuff she bought she gave to the mice. agonizing and conflicting duties he has to execute. I wish, an tar Lydia Collins—Deals with last witness; saw Hannah Russell as poseible, and the execution of the laws of the country will lib there one day baying stocking,: Crowhurst helped her also to a low, to recommend the sparing of human lite ; but the species of small packet, on which he wrote poison," mentioning that he property which you both have assailed and stolen, requires the pe did not dare sell it without, and she said it was for the mice. It culler protection of the law. It has therefore been the necessary was on a Saturday night., about a month before the death of de- policy of those who have to administer the km, finding the offence ceased, of horse-stealing has grown to its present enormous height, to try Crowhurst recalled by the Jrnou—Did not recollect whether how fat the uttermost punishment can nfibrd sufficiently severe ex. Collins and Russell were at his shop on the sante day. amples to deter other offenders front eoMmitting the same sort of William Collins, son of last witness, went with his mother to crime. I have, therefore, on the one haml, the painful and critical Crowhurst'seltop, on a Saturday evening. about three weeks before duty of seeing how far I can deal mercifully with human lite ; the death of deceased; prisoner Russell was there, and asked for and on the other, I am bound to see that the property of his some white mercury; Crowhurst gave her something in a paper, Majesty's subjects is adequately protected. This crime has of and wrote " poison' upon le, and said he did not dare sell it with. late been, and will continue to be, punished With the utmost out doing so. severity of the law. Indeed. it is store particularly necessary that Joseph Oliver hires at If eatlifield ; heard of deceased's death on the uttnost punishment should be awarded in this part of the king- Monday,allay 10. Saw 'Any on Wednesday, and asked him if door titan its any other, because the vicinity of mountainous dis. l he knew any thing of the death of the deceased ? He said no ; I tricts affords greetir opportunities for escape after the commission told him I would not believe but whet he did ; lie still denied it ; of this offence, than counties more secure from depredation, on Sc. he told me where I could find a parcel of wheat in a great oat field, count of their localitice, and being better bounded. It would be this side of Mr. Holloway's house. I went with John Relf to look with the greatest reluctance that, at a period when the calendar be for the wheat, arid found it, but not just where he told me ; a part fore me presents, so setiefactorile for the character of the county ;bat of it was against the stile; there appeared to be shout half a bushel. the diminished number of eight offenders, I should have to leave I was at deceased's house about three weeks before he died. Mrs. any of those few fur execution. (Here the prisoners burst into tears, Russell was putting some white powder on some bread and butter, and his Lordship was temporarily interrupted by female sobs in and said it was far the mice. Lenny and French were there, and the crowd.) I say, I should fcel personally the greatest pain, under saw her do it. Does not know what she did with the bread and such a circumstance, in leasing two unhappy fellow-creatures Mr butter. execution. I struggle, therefore, against that pressure which the Cron-examined—She made no secret of spreading the powder on necessity of example inflicts upon my conscience. and my own feel- the bread and butter. lugs of common htunanite, to let in the effect which the good elm- James Russell recalled, proved that he found 2j bushels of wheat, recur you have each received deservedly ought to have. la the which, added to It. would make a sick. result, I have prevailed upon myself to hope, that I may be con- Ann Hicks, niece of the deceased, was at Benj. Russell's house, sidered as discharging my duty, without compromising the interests and prisoner, Rumen. was expecting her husband home, and was of his Majesty's subjects (which I sit sent lichee to protect), in angry that he was not come, and said that she would cut his throat, ' leaving you both to the merciful consideration of the Crown. To berm his head, or poison him ; the prisoner believed lie was gone the Monarch of this happy country your case is confided, and from :thong with another woman ; thought these words were only the hint you may reasonably expect the mercy which has always elle threats of an angry woman, and did not take any notice of diem ; racterized his conduct. But if his Majesty shall be graciously has seen deceased and prisoner lance together at their house. pleased to spare your lives, it will only be upon the condition that Thomas Relf, labourer, of Iturwash, was at deceased's house the severest example be made of you, short of death. Thet mercy about fifteen or :sixteen days before his death, in the cycling ; psi- will be extend , d necessarily on the terms of your leaving this co o n. sorter and some men were there ; son.e of the men went away ; I try for lite. You have appealed is the names of your wives and then asked her where her husband was? she said he was gone to children, for life and mercy on their account. That life, to ea c h of bed t I asked her what made hint go to bed so stem ? She said that you, may probably be granted ; but I must tell you that your own he and she had been falling out and fighting ; " have you ?" I said conduct wiil sever the bonds that ought to have tied you to tame to her ; she said, " I'll be up to him for this—l'll be the death of who naturally looked to you for pretection and support. And here, him before the aillnaler Is •" Jenny was present, end t‘aiii, let me add, that the purstilts of etime add to their public elan " hush that up ;" ahz ea, " he cursed if I don't;" I staid gcrous tendency the iallictittn of misery on unoffending and innia till about a (leaner before one, atoll Leanv had gone to bed ; Mts. cent object. Theetettuers, intended as such, for your lives, and the Russell went to bed at the time Leany did, and 1 locked ilia deer little lenocent offering of your matrimonial intervottnes, will be ..... ..-..... Rabert LiEs. licadhorough of Hawkesberotigh; had Lenny in custody on the Bth Ably, and was discharged in the evening. On Tuesday I went to take him in custody on this charge. Hannah Russell wan there, and 'Rimy was sitting close to her. He remained in my custody until Thursday.. He said, if so be he was sent in gaol,. nobody could swear that either be or Hannah poisoned him (deceased). He was committed on the IGth of May, and on the 17th, as I was going to Horaham with both the pri soners. Lear y said to Mrs. Russell, '!,,;tion't you (gay any thing.. If yoo don't, nobody eLs: can." Mrs. Ruasell.said„ " I'll try and clear myself." IVitness was close by the cart in which they, were tiling. Ile was walking by it. This was the case for tin. prosecution. ILchard Sinden, a little boy, proved that he saw the deceased CD the Bund:ty afternoon; he complained of a pain in his chest; and said he did not expect to be ache on Monday. The prisoners being severally called upon for their defence, each said they . had nothing to say. The depoetion Of Willloin Russell. the father of the deceased, was then put in, to contradict his statement on cross.exanitnatim, which it did cifectuslly. It appeared that he had been sworn by the Coroner,. lily. Baron Guattaat summed up theevidence with elaborate Mi nuteness, making such observations upon the facts proved, as could assist the Jury In coming to a satisfactory determination on the case. The Jury deliberated a few minutes and found both prisoners Guilty. Mr. Baron °RAMAN then passed the awful sentence of the kw in a most impressive manner. and ordynd the wretched culprits to be ea cuted on Monday morning. TILE 3IURDER AT lIRIGIITLING. On Friday evening Air. Baron GRAHAM, in passing sentence on Hannah Russell and Benjamin I.Nit:y for the wi,ful murder of Benjamin Russell, had, in de anxiety of the moment, omitted to fix the day for their execution. They were therefore put to the bar again this morning, when his Lordship fixed their doom fur Mon day, at Horsham. Since the conviction, we understand that 3lr. Baron Graham has entertained lonic doubt of the propriety of the verdict. as to the female culprit, inasmuch as site was charged by the indictment as a principal in the first degree, whereas from the evidence it did not appear that she was present, aiding and abetting the alleged murder. On this ground, it is understood that the woman is to be respitcd, in order to a more advised consideration of her case. In the MUM of this morning, it W3l currently reported that the wretched culprits had made a full confession of their guilt, and that they had administered the poison in the house of the deceased, at Burwash, and after it had taken effect, had carried the body to the place where it MAN found, in the parish of Brightling. OXFORD CIRCUIT. left s;iillouilheproterition thnt was due to them, for the rem'aileler of your days, because you must leave this happy country for life. The prisoners simultaocously knelt down •and implored mercy, protesting their innocence in the most fervent manner. Sentence of death, however, way recorded against them both, and ,a most agonising scene ensued. Two unhappy weinen, one arid' 3 [BM at her breast, and the other accompanied by two little innocentsohe one a boy .and the other a girl (shrkking in the moat piteous and distracted manner), were removed from the crowd into the open air. This melancholy and al - et:log scene closed the proceedings at tote Coven bar • and many ot those who had crowded from cu. ideality to th e bar; ih the mortiing, left it with tears and melan choly. Aprils v. /1.:1181S. This wits an action brought by a lamer against the defendant, a ham-dealer; to recover I'JI. los., the prier or • horse warratted sound, which turned oat to have the snitches or glanders. The case occupied a considerable portion of thne, but the de. tails of tha evidence were unusually uninteresting for a horse Cause. The Jury.phie4sefly found for the plaintiff—damages. 2.1!., be ing the amount'of di , : price paid for the home, and his keep, up to the perhal of deal!, Int LINO to. THE INHABITANTS O ff ? MICHAEL CHURCH UPON An ROW. This was a presentment against the inhabitants of a parish in the county of ttadnor, the next county to this, Irr the non-repair of highway. The case was wholly destitute of public interest, and nempied Mr. Justice flurrnugh and is patient Jury unit even o'elock. There are two Special Jury MUM and one Common Jury for trial to-morrow. WESTERN CIRCUIT. FlVitit, FRIDAY. .71;r:v 28. (Before Mr. Justice CIAELEE and a Special JJ y.l WARRE,' V. LAND. This was an action on an alleged breach or covenant, to recover the valor of a certain close, called Great Top Close, aitusted in the parish of Sainpford Peverell. It apeciired from the pleadings that, in the rai 1808, a tene ment, celled Leeditch, and certain closes, part of Butteridge Com mon, canenning 15 acres, were conveyed by a Mr. Farrant to a gentleman named Land, by way of mortgage, for seedring to Mr. Land the repayment of 2,700/. and interest; and that. in the year 1810, Mr. Land, for a nominal consideration, joined with Mr. Tarrant in d conveyance, to James Surridge, of a close called Great Top Close, containing eight acre*, parcel of the above closes, and agreed that the residue alone of the mortgaged estates should stand charged for his debt. Mr. C. F. Wit.i.ti.mfi (with whom were Mr../ea EMY and Mr. ' M'lttotrr) stated that the defendant's huSband had obtained en interest in the lands in question, by holding a mortgage lb, 3.2001. which he had lent 0 Tarrant; Mr. Land held the estate as mort gagee, and Mt. Warren, ha'ins, become the purchaser. obtained from Mrs. Land a conveyance of her interest in the property. Mr. Warren visited the lands before he completed the purchase, but it did not appear that lie had Made any very particular obsereatien of their situation ; for it was some time after he had poisitsitm that he discovered the close, called Great Top Close, had not come into his possession, because it had been conveyed by Mr. land, some years before his decease, to a Mr. Surridee. The derentliim had therefore conveyed that which was not in her power to convey ; she conveyed all her late husband had derived under the deed of 111011, whilst she !vas only enabled to put the plaintiff in tionsesaion of what her hilsband held, minus the Great Top Close, which he had conveyed to Surridge. The rattle of the clear would be proved to he about 100 f.; the deed would he produced and 'proved ind lie warned the Jury not to trust ant other evidence which the de fendant might produce. in opposition to a document made up on due consideration, sod with the advice of the defendant% agcnts and friends. _ _ ..... _ The deed of 1821 was produced, in which the defendant con veyed to the plaintiff all the interest fritich her late husband had in the !ands in question. The validity of the deed was not diniuttd. A witness, tamed Palmer, WAS also called to prove the value of Great Top Close, which Ire said Might be about DM Mr. CotEnitaGE then addressed the Jury for the defendant. Ile said it was not yet mentioned who the parties were in this action. The plaintiff was an attorney, of Wellington ' well versed In the language attic! law, and knew extremely well what was con. veyed by the deed to him. The defendant, on the contrary, was a widow, subject to all the disadvantages of a person entirely unskilled in law. lie did not say that she had not legal advisers. The truth was, she had able advisers, by whose judgment she was now pro tected from this unworthy action. But what there the facts of the case ? The Jury were told that the plaintiff' was sun:fitted to find that he could Lot take possession of the Great Top Close. New the circumstances were, that Farrant, becoming embarrassed, bor. rowed money from the late Mr. Land, and afterwards became a bankrupt. fire plaintiff was the solicitor to the cnnunission, and,. of course, was acquainted with all the bankrupt's affairs. A sale of Farrant's prorerty was ordered. The plaintiff put matters in train for thin sale, and described the lands in question, as the agent for the assignees. The sale commenced, the property was put up to auction, and who was the purchaser? Who but the plaintiff: the solicitor to the commission. Ile g tve tut 3001. fur the property, and, when the case was brought before the Lord Chancellor, the purchase was set aside, anti a resole ordered. The property fur which the plaintiff gave 300/. was put up again, and sold for ;Al.; and after this the plaintiff purchased it from the person wino then bought, and gave .5531., exactly 253/. more than be had first bought it for. Now, with such an intimate acraiotanee with the pre nti,es, could it be believed that 111 r. 11 :men eid not know what Mrs. Land had the power of conveying? The truth was, the plaintiff was in possession of all he meant to purchase; he had a mortgage upon it; he knew that Great Top ('lose belonged to those lards in ICC, but that it was alienated to Surridge in IMO. It was no proof that because this field was a part of the estate in lffild that it should be so in 1T24. Ile would prove that plaintiff bad been altown the tenements without the Great Top Close, and that there was every reason to believe-he had purchased them with out meaning to hccurne possessed of Great Top Close. If the Jury btiievcd this, they would lied for the defendant, or, at the most, fur the plaintiff, with one shilling damages. After much argument, evidence was produced for the defendant. which supported the statement of defendant's Counsel. Mr. WILLIAMS then replied, and The Learned JUDGE having summed up, the Jury said, "'We are decidedly of opinion. that plaintiff was perfectly aware, when he bought, of all the circumstances, and of what was assigned to him, and knew that he was not purchasing the Great Top Close. But, under the direction of his Lordship, we lit.d for the plaintiff; damages one shilling." ruder his Lordship's suggestion, however, the Jury increased the damages to Ilk)!. ; and a verdict was recorded for that amount, with leave to move to enter a verdict fur tl:e defendant, or to raduce the damages to one shilling. %VI I:JAMS 1• ]TOLE. This was an action for an assault. Mr. 311:n tinV ETki En stated the plaintlff"s ease. His client was a gentleman who had retired from the legal profe.sioa. The de fendant was a military officer. The parties were both cousins, and and at present resided in the town of Barnstaple. The plaintiff was a most intimate friend of the defendant's father; but it hap pened, unfortunately, that the elder Mr. Bole had two families, and that the defendant, who belonged to one branch of the family, was not on the very best terms with the other. It happened that on the day wh , n this unfortunate transaction occurred, Mr. Williams chanced to meet 31r. 11, le in the h igh-street of Barnstaple. They stopped to converse together, and the conversation turning upon another Mr. Hole, the defendant's brother, Mr. %PiMama ex pressed tho favourable opinion he entertained of that young gentle man in a minner that was nut agreeable to the plaintiff; for with. out any further provocation, forgetting what wtis due both to him self anti the plaintiff, he struck the latter with a stick he held in hit, hand. Mr. %Villiants succeeded in wresting the stick front the defendant ; but in the scuttle which ensued, he was thrown against a cart wheel, and seriously hurt. It would be proved that at this time Mr. %Pillions was in very indifferent health. Ile did not seek for damages by the present action ; no such consideration had entered his mind ; but as such a transaction had occurred in the open street of Barnstaple, on a market day, he thought it neces sary, for the sake of his own character, to show to the public that lie was not the aggressor. William Pugslcy called, and stated, that he is a aervant to Mr. Pallmer, the solicitor. H:3 master resides at Barnstaple. Was standing at the hall door, on the morning of the 26th May, when Mr. Williams and Major Hole met. They shook hands upon meeting. Ilin Williams had come from the Bulport where the Ma. gistratea had had a meeting. Major Hole began the conversation by saying, " Well, that fellow has had Padden up." Mr. Wtl. llama answered, t• yes, he has." Mr. Hole said, •• he is a d--el rascal for striking an old and favourite servant of my father's." Mr. Williams replied, " may be you would have done tha saute.l always Mond him a very good young man." On which the Major replied. "heis a el—el rascal, and every one that htkes his part." Mr. Williams then said, " you are a madman." Mr. Hole desired him not to repeat that, for he would not suffer any man to use such language to him, and if he repeated it, he would chastise hint. Mr. Williams repeated, " you are a madman, and I ought to go at once to a surgeon's, and get a straight waistcoat." I Upon which Major Hole struck hint, and Mr. Williams was I thrown against a cart. At this time Mr. Williams was in delicate health. _ _ The Learned Jr nnt here interfered, and suggested the pro priety of arranging this business between the parties nut of Court. He wondered that no friend had prevented it tram coming into Court. .Ir. CARTER, who appeared for the defendant, said—My Lord, we are ready to leave it to be settled by any gentleman in the county. Atier repeated and prolonged communication be•Meen the Counsel and the agents, the suggestion of tl:e Learned Jage attended to, and the case refetrtd. The Jury Mere not Collet" upon to give any verdict. [Before Ale. Justice LITT LEDAI.E. I R 01%!.:•. BRENTON AND ANOTHER. 'rliis way an action of trover, to rerava thevalueof copper ore. Plea. the general issue. The case was tried at the Spring Assizes for Devon, in 1815, !ant after long rind learned arguments in the Court of King's Itach. the veraiet. which was for the defondant, was act aside aid all order for a new trial granted. upon the grounds that improper eviden ce had been admitted. thattilo verdict was against the evidence, and t hat t!::. presiding ..rAge (2fr. Justice Park) had mi:airected the . . 'Jura. - Tinigi ffihe Eireumstanteg easelras agape becalifk for trial. Mr. Sergeant Wtt.pr. (with 'Arlin were Messrs. Ent:lttiele, CARTER, and !lora) appeared for the plaintiff, and the Attila.. NEY.GENEIIAL, Who was brought dow n ',pedal, and had him Messrs. SPLie'tsf. A. BAILEY, MANNING, and Tutzta, conducted the iltfendauts•case. • ft appeared froth the statement of Mr. Sergeant Wirmr, that the had b..o.ri for. many years the proprietor of ea estate Wird Lemellan. part of the manor of Lev . „ngton in the eounty of .Cl7;nwall.,. This estatt had derived fram Rnitilleigh, who had purchased it in I 1 O, when it was sled under the pre visions of the Land-tag Reihrttplion Act. Mr. Rowe occupied this estate in the usual way. and as lie was admitted on hands to be in l et iiitelligent'and active speculator, I.e applied Would)* to dirt cover whether there were ary atilterals in.hit estate. rn 1829, bin induVry was crowned asith the nest complete success, having dia.. covered F vein of canner ore on his estare, which promised to be extremely, valuable. a. - t the lode was found to be only :Jew feet be low the surface. With his characteristic industry, the plaintiff !vet no time rcnderinl . this valuable discovery available; but na sooner was it ob:ervcd that he had made so valuable a discovery than the jealousy „and cupidity of other adventurer,. we e excited, and as soon as a quantity of the Ora wag raised and laid upcci the imager, thn defendants entered and con— veyed sway the ores. It appeared that ill doing so they acted under the authority Of the bast Crinnis Comioany, a party or adventurer" who had obtained a lease of the Cornish mines, from the Crown, in right of the Duch' of Cornwall. To determine this right the pre sent action was brought. It was a !petition of great inn ortance, and In his (Sergeant ll'iltlea) opini o n, affected the interests ot• numbers. The particular mine in (location was of immense value, and was said to bare already uradated nearly 200,0004. worth co'. cooper ore. fltit it was not this mine alone the. the present question. alfee,ed : if' it was decided nitainst the plaintiff, it would shake the title to ptoperty iu Cornwell to a most alarming emenr, and bandies alto had the tausactainn of estates for •CentUtP2A past would find, that under this new claim they were liable. to be turned out of pos session. fie cautioned the Jury against being led 14 to the sup Prise anion ,that it was the Crown vino was claiming this right, which lilasly to lead to so much ruin and tievastatina. It was no suet tt.inw.;* his learned friend (the A ttornerlicaual) did not appear in 1t,,. oiecial character, but as the counsel for a Company of pr:vatc adventurers; and he (Sergeant IVildt) was convinced. that if his learned triold was consulted as the vivant of the Crown, he wtuld never have given hiyhigh sanction IR a ciaim of this kind. To the ea idence o; the principle upon which this claim ass founded, he should not tow advert, but would reserve himself until I. had heard his learned friend, and until the Jury weft in pria.easioa of the d es cription of evidence to be adduced in support of Cerro. dant'. claim. Oa the part of tlye plaintiff it wee tht4 formally proved that 141 was in pa...session pf the,estate i;flJamellan, and that the defendant& had entered and tiken.ocrtatlision of Cite ores. • _ _ The ATTORNET-OXICERAL then addressed the Jury. He de. nied that the success of. lus client would produce any of thew alarming consequences whichhia beamed Friend (Sergeant Wilde) appeared to anticipate. His Learned Friend was mistaken In super posing dist the decision in the present case would injere the in terests of the proprietors of other estates; and as to the novelty of: the present claim, that was bitogether clinTrable upon Mr. Rowe, who put in a claim to this property, which had never beet advanced before. The plaintiff eras only 4 eonsent iormry tenant, and a cuwerr.ary freehold right in the soil was never held to i arc given a right to the mines, which were frequently disposed of lade• pendent of the soil. The history of the county made it evitlene that conventionary tenants never pretended to a r ight in the mutest The Crown held the county ur.til the reign of Edward IL, who gave the earldom of Cornwall to his minion, Pierre Gavestone. upon his d.sgrace, and subsequent decapitation' , it reverted vein to the Crow., where it corium:ld until granted to Edward the Black Prince, by charter and with the assent of the Legislature e since this period the King's eldest son: as such, holds the duke dom of Cornwall, which is inalienable: and when there is no King's son, it reverts to tlie-Crown. The Attorney-General then entered into a description of the evidence about to be adduced, which he. very jingly designated of a disgustingly dry and main. . teresting character, and concluded an address equally remarkable for clearness and brevity, by thanking the Jury for the attention they had given him, and regretting that he found it necessary us trespass much longer on their.patience. whilst he produced the set., deuce upon Which his clirnis tested their claim. The documsntary evident,-; which was most volumtnous, wart then gore into, and occupied the entire day. It was 'chiefly of rt historical chanter. The Court adjourned at the usual hoar. SATVIIDAY, JULY 29. The abo 4 ,e cage was returned Oda morning. The production of documentary evidence was continued. It consisted of rolls of the , several mardra called assel4fonable: they were predweed to prove the: nature of the ternre. l'hese tone wove held admissible after am infinite deal of argument, though objected to by plaintiff 's Connsel. Leas:a were then given in evidence, by which the Duke for the time being granted liberty to dig minerals. These were prates:el imprison Ernie evidence that the right in the soil was distinct from the right to the mines. iransie evidence was also produced, seemingly with the view by ancient usage to determine the question whether the defindant, hay. ing a right to the soil, had silts a right le any minenabenesth the Np trace.. During the eiantinatiomof a witness on ti , is point, ono of the Jurors tall of whom* were special) became suddenly irdis posed, and was obliged to leave the Jury-box. A consultation, which lasted for a considerable time, wan theft held, between the Counsel at both sides and the Learned Judge. w consider whether the case could be proceeded with. It was at lengfr resolved thit a medical gentleman should be appointed to wait on the Juror who tires withdrawn, and he' having reported tharthe gentleman could not be possiblexpected to resume his attendance. before Monday, Alt. Justice Uttledale said he was determined to adjourn until Monday, in consequence of the unfortunate fatality which had taken place. This was the less to be regretted, as 7 . speeted the convenience of all parties, as he feared that even if the case had gone on, it could not have been concluded. this night. The Court adjourned at font o'clock to nine o'clock on Monday Tinning. It is generally supposed that the rase will go into tits .ay. • Mr. Justice Elaselee left to-day, on his way to Dolmin, whets be on 3londay. optons the Commission NORTHERN CIRCUIT. OtEWCAFTLE, JULt 27. The Commission was opened here yesterday. and the hilliness of the Assizes commenced to day. There is not an appearance ct much business. There are twenty-four causes entered for trial in the civil list, and the Calendar (comprising the primaners both of the town and county of Newcastle and the county of Northumber:and) contains seventeen prisoners. CROWN' SIDE. [ Before Mr. Baron iIuLLOCK.I Trilleam Headley was capitally indicted for stealing, from tha dwelling-house of William Ward, nine silver spoons, the property of the prosecutor. It appeared from the evidence, that the prosecutor was an inn ' keeper, residing at North Shields, and that the prisoner, on th e day set out in tho indictment. had slept at the house. On the fed-. lowing morning he took breakfast, and then contrived to take his departure without settiing the bill. The spoons in question were soon afterwards nti‘setl, and they were found at the house of pawnbroker to whom they had been pledged by the prisoner. The prisoner addi.asett the Jury in his defence, and stated that he was the son of a person of some property in Yorkshire, and tat . in consequence of some 1.11114 quarrel he had left his father's house. Was it likely, then, after the manner in which lie hat - been bronglit up, that he could commit the crime with which he stood charged. Ile hoped, thereftwe, that the Jury would stew him that consideration which they would wish their own suns to re ceive if they should ever be placed in his situation. The Jury found the prisoner Guilty. James Pratt was indicted for having feloniously reterned to England before the expiration of the term of 14 yeah', for whiett he had received sentence of transportation. The prisoner had been convicted of felony at the Durham Assizes in 1131 e, and had been sentenced to 14 years transportatio-. Ors being conveyttl from the Court to the gaol (which was then a: some distance), the prisoner had contrived to make his mar, ar.d for the last eight years had never been heard of. 3leantime he had been employed in the coal mines. and had conducted himsea wi. t such singular propriety, that when he now proposed to call wi:- news to character, Mr. Jones, the Counsel fur the prosecution. rose and stated that the ' , tormenters had made Inquiries into the character of the prisoner for the last eight years, and had discoverest that it had been most unexceptionable. The prisoner was found Guilty, but Mr. Baron LLOC vat. ed that the good character which the prisoner had preserved fir the last eight years would be taken into amount, and represented to the proper quarter. CIVIL SIDI:. Before Mr. Justice PA ns.l DODDS AND OTHERS V. EMBLETON. This was an71ZIICII;;0171i .-- (JICC01 , eTaC0M;;ItSati.)11 in lunges for the injury which had been door to a whip of the plaintMl by the unskilful and ne•ttigent conduct of the defendant. SCARLETT (whit whom WAS .lr. TtrIDALi.) stated the Old:Ili:Ps ease. . . . The different witnesses called by the plaintiffs proved that or. t! .• 18th of October last, at eight o'clock in the evening, a vess . :: called the Atlantic, and belonging to the plaintiffs, wan lying the river Tyne, moored to an anchor, which extended at ionic length across the river, and opposite to a staith, or wharf, at whi:': she hail, during the day, been taking in a cargo of cosh. According to the plaintiff's witnesses, the night was cit. tremely dark, the tide running down tho river, the wind blownw; hard in the direction of the tide, and the river COnkilltr2bi are led by the rains, which' had previously fidlen. At eight o'clack a steam-boat was perceived by the persons on hoard going along. side the Atlantic, at a slow rate, na it she had another vessel t-t. tow. The vessel in tow proved to be the George, the property of the &lent:ant, which hissing that day completed her cargo at • staitht above that at which the plaintiffs' vc•sel was moored, was nraeee.li:ig down the river. - When the George drew near the At kin-et, SPnli , hotly on board the George was heard to cry " Starboard the liclui !" which would have turned her completely against the Atlantic; but immediately the same person, as if perceiving Mir. error. cried out, " ilard area!" which would have taken this George in a different direction. Before the crew of the Atlantic had time to ship the chain to which they v:ere moored., the George had run against the chain, and immediately after. stru:k against the Atlantic. The Atlantic was thrown on bet beam e ds, ber crew put in• danger, cud it was, nut until the,. n:.,i.;ns to si:al; the elf«in was st::ioni its` r way t`itit i• a is is .24 7or the the K 1 of and L:uce rtf er there