The British Press; or, Morning Literary Advertiser. — London, England, 1820-01-29 00:00:00

COURT OF COMMON COUNCIL. YroterJay a Special Comet was held, which was numerously Wended. DEATH OF THE DUN OF KENT. The Idler to the Lord Mayor, from Lord Solesoulh, upon the subject of tbe death of the Duke of Kent, having been read, Mr. FATIMA. rose to move a Resolution for the adoption of the Court. He maul, that 110V/tVt r incompeteut he might be to address the Court upon the melancholy uccartion, he should have found math greater difficulty, if the esihject on which he was shunt to speak required any embellishment from a flatterer. But a simple detail of the actions of the late Duke of Kent, was all that was necessary in establish Jar claim 10 the admiration of his survivors. It was well knots,' that he was not more illustrious fur his rank a n ti titles society. than be was crumbled by 'keno( politic and private aharity. The conduct of his Royal II glows* in public comps idea was such as to inspire universal respect ; ■nd it was not lung since the City had an opposinisily of hearing him de (-tare, at one of their rule, tainineris, that he should du soy thing to disgrace the name of the House of Bruns wick, nor abandon one of the cooolitutional principles ippon which that House was seated upon the throne. Every corner of the 'metropolis witnessed the exertion* of this rest personage, whore efforts for the education of the pour, and lie circulation of the Holy Scriptures, had been unceasing. Ibe worthy nu miser then stated the number of societies of which his Royal Highness was pat roe, and after having mettlesome ohse►vstiuna upon the se rtuns loss sissi•ined by those s'•ciet ill. in particular, Jrew the attenitun of the Coot* to the 'dual kill Of the Duchess, who had. in conjonction with her brother, Prince Leopold, suf fered bitterly under Om remarkable dispensations of Provi dence. Mr. Far►ll added, that the Duke, although edu cated in military habits, was capable of shewiii; iu debate that his ronsimeretal knowledge was as great as 'hit of any MU. The worthy Member einicludesl with moving a Beau lostiou expressive of the (Mingo( the Court upon the melan choly occasion of the death of his Royal Hither**. and re. cordirg the riympstby of the Court with his Royal Highness the Prince Regent, the Ditches, of Kent, the rest of the Royal Family, thine, Coburg, At. M r. DiloN secontka the motion, in every word of which he agreed. He highly approved of the promptness with is his h the Lord Mayor had called the Court. Mr. OLDHAM could not give a silent vole. lie spoke of the many calamities which had befalleu the R••yal Family within the last few years. Me. Alderman Wools joined is the geom.! praise of the Duke's chew'. e, and stated, that he well knew his Roy al Hte,ltaess's anxiety to ri Item" himself front the 'mph a - tarots inevitably caused it his rally life. The D u ke was no less remarkable for his readiness to as.i.t all outlier, persons who were under privation*, and inrorrwl vast ex. pit niter, by leis b inutile's , liberality in tsar. of iltstre , s. Mr. JACILs 0%p:ill/Oita upon the kindness mid liberality of his Royal Highoevs, snit the extent of his information on commercial and other subjects. Arm. a few north from Mr. Alderman WAITIIMAN, the Revolution was unanimously carricd i shil octet cel to be pub lished in the usual newspapers. M %NCH ESTER SUFFERERS. Mr. lint.owt.xv presented the Repoli of the Committee of General Purposes, appointed to inquire wheilur any, or •hat sum should be granted to She Manchester Sufferers. The Report recualnicutle.l that the sum of 5001. should be crintril. Mr. YELLow LCT mowed,tbal the Report hearted to. Mr. OLDIIAU mowed, that, until further information should be received, the Report should lie on (lie table. Mr. PAITS.N was surprised that the members who formed the Committee did out auppo.t thrir Report more spiritedly. The Court hid sufficiently examined the qua st ion at the lime the Address was d to the Prior, Regent, expo easier of the al.b I rime entertained respecting the atrocities committed. 111 , ) eiorlet f.. 1 the sake of custsiateury agree to the Repot!. Mr. 1311:11.13111 (of Smithfield) descanted upon the Mau thertrr traiitactious, and concluded with stating, that con- Wei .eir the state of the poor in Loudon, be should prefer a role of lON. to the asefierersat Manchester to that of WO/ , recommend..l by the Committee. M.. DllttiN.said, the respectable people of Manchester were cetreseu ly liberal to the poor, and the money already subsrrilred was mese than sufficient to answer the purposes fur which the subscription had been opened. lic therefore opposed the grant altogether as ritliculomo. 31r: FAVC: I. Island the Report should be erns hark to the Committee. the Corporation ought In he joist befuee they were ge amiss, and lie should Yule fur the I ridlicr than dm greater sons if it came to the yule. Mr. Aide. man WM - 111MAX said, there was a eery strong ground for limitiog the Knurl. The finances of the Coy we re mud. esulastrassed, arol the suns of 2001. was certainly as much as could be reasonably expected. Mr. /ACK, said, the debts of he City amounted to 80,0001. . . - - . or V0,01.10/....:.1 the sans of 300 f could not be ihrown away. Mr. MAKIN-Elf said, that the General Cotantitiee fur the relief of the sufferers hail in their bands three usouillusafier the event i!se enormous suns of 730/., alter havisig paid 730/. in pus:nasice of their object. Ile had reireiveal a letter from a respectable ntvuulactotrer at Matirlssatrr, which stated, that the pour were its full work ther►, that they be lieved Ilusit's object aas to juggle thew slut of their aunty, and that their enthusiasm was ranted into rtirgast. It was iu his upin.uu absurd to yule& aunt of muuey upon such as occasion. Mr. Alderman WOOD ►tstrd,th..t the Manchester sufferers _waisted as►istance iu legal prusecutisns rather than in auy other way. The Court could form 1111 idea of legal caritas.. upon a re ferrite, to a charge in a certain quarter of 600 f. which was rub up in a very short Hcar,fienr. ) — Ile argued the necessity of granting assistance or the pur pose, as its a 4 au insult to the pour to tell them the lave was open to Op a• rull as to ',them It was esuusewse to talk of tatiotry, for it was will kuuwn that all itiquisy was stopped. Mr. HICK said, he certainly should not cute fur defraying legal C%pC11.4 0, which, might leave the died of aggrandisiug such a fellow as Hunt. If misery called for the limestone of the t , lee should be one of the first to afford it. lie hoped the Report would be scat back, and that the Com mittee cruel.: again eepurt, owl state tor what purpose t h ey recommended a gime., if obey should do see. The anoendusesol, that the Repent du lie un the table, was • then u.lopied withtrut a division. The Carew theu proceeded to the ',cello') of officers, Sc. cordiug to animal custom, when the present officers were Ily re•t hetet!. The Court canoe to • resolution to petition Parliament fur Irate to prestos • petitions fur • Bill, for the purpose of raising further moults (we currying 15.10 execution the Act of Parliament for erecting a Iwo Post Office. The LURIA Nl•gon declared a vacancy in the ailuatiou of Assistant Lathe Keeper of the lay the death of 14.f:ear:ye Porter. The Clemson tee of General Purposes presented a Report for an alterat,eu in the By-Laws of the Poulterers Company, hut the Court broke op without cumin to any Jutish/se thereon. Tut: PRIZE RlNG.—Seroggins. the once terror of the light weight% was hacked I.rvt night, at the Castle 'l'avrrts. for fifty guineas aside, againo Magid 1111411ui. denominated the " Little Big Ben." The contest is to take place 011 Mon day, 11w lath of &LUZII, in a twenty-four foot nog, wainw twenty miles of the metropolis. Letters kayo been ►eceived from Buenos Ayres of the 1411► October, which are two days later that. the acteeatio oLtained ou Thuieday. According to these the greatest consternation prevailed at Due aos Ayrru, as it well 14110W11 that General AaTIGAI Was approachiug the city, with a force of several th0uv..1.41 oleo. lie lied rinekceptrd mud wade pri.. wawa Getters' HALEARRAII. and three other per- Rms, members of the Gov, 00000 rent, proceeding to SI. Jago, to voter into negotiations wt9i the Go 7rrnment of Chili, respecting the future operations of tlit combined forces, LAW INTELLIGENi.'i. COURT OF CHANCERY, Warrignirrra FRIDAY, JANUARY !S. There was nothing of the least importance oc+ coned except to the partie► concerned. COURT OF KING'S BENCH, VrESTMMTIII, FRIDAY, J•NUARY A+ soon •s the Court was Opened, the Several Grand Juries fur the Cuuivy of Middlesex, were Called uVrr •u.l sworn. One ed . the Gentlemen complain►d. in very re spectful terms. bt Justice Ilar ley, of the illellsiVe. isience which several of the Gentlemen who had rome f long distances hail soli-red. I, beim; summoned at eight o'clock. whereas Ilia doors of the Court were lint opened till half.pest nine. Ile Legged his Lordship to give ilieectines. thst the istry.resson slissedsl be read• to receive them at the hour for which they wer► soinenniwel, and that they might not lw left to wait in the hall.• His Lord ship thanked the gentleman for inlortuittg him of the circumstance. strongly repseheildeel the 'wryness who hail caused such au 1114 . 011Velliellee, and ordered that in future the Grand Jury should he directed to ateitsble at Isalf.past mile ee'clork. Ills Lord. ship then briefly charged the Juries, and they with.lrew. :11r.. Cathie was called. b. lug charged with pub. Fishing a blsapl lihel. The inhumation was read to h•r Lo.t Term. She pleaded a Not Guilty." and required a ripe of /lit iisforination. Chief Justice ABBOtT said. that the Court had no power under the Act (6o Gen. 111. chip. 36). to direct the furnishing of a cope of an inform mom, except where the Attorney or g-licitor General was the Vrosectitor. 1L•. Viable is not pru.ecuted by them, but by the Society fur the Suppression of V.ce. TANNER V. Gt.:8134. ca►e was ai• at the IN,t Sitting. at Guild- The action wa• for the recover• of ■ policy of insurance, t ffecieil for II e Marguriths Ahusbeth. w hi c h a . m .' WM, 100 just IS she was alma, to enter the of St. Tlitainaw's. The Plaintiff' recover es!, and Mr. SCARLETT now moved for a rule to .hew CAlh,e why a new trial should not be g►anted. The 1.-ariivil Counsel was proceeding to dispute the verdict, on account of the impel fection of evi dence, wl.eo— The Ciit EF JUSTICE rcniii.dtd him that it was the eritlrhee of his hwu Nittlrsars that proved the impo.sibilitr• of repairing a tes.el at Sr. Th o mas's. It would be of no avail, therefore to assume the contrary. SCI MUTT then put it upon a wilful mistake of the Captain, who, 111 giving evidence, had Petite sentril the island of St. Thusnio's to have been in great confusion, hom the island having been sur rendered to the Danes, whereas the surrender took place in A pod, sent the ship did not rail from Eng land till October. The uneerwritershad determined to try ilie question again on some other of the poli cies, a. they were cotavinced that the Plaintiff had no claim upon them for the entire hiss, though he might possibly be entitled to the immediate damage by stiikiiig on the rock, front which she had been c!eared, mud was riding in safety. not making a foot of water in an hour, in the harbour of St. Thatinis'o, at the time of her *hand 111111 l rut. The CouKT granted a rule to miry proceedings until some of the other actious should be tried. on condition that the Defendant should pay into Court the atuuutst of the verdict. 1101INCASILE C. F&RRAND. Mr. SCARIATT moved for ■ rule to she, csn•e wt.y tisr Veitliet found fur the Defendant in this eig.e ►hunld not be set abide. It WVs an action against the Ei.t India Dock Company for lumen drring goods milted to their custody to an other person, after having received full notice of firm from the Plaintiff.—Role granted. Tll6 DUKE OF BEDFORD V. EMMET. This Iray an senors to rrcorer toll, !nought by the 11)14iiintr, as proprietor of Correia-garden snar. krt. The Plaintiff' chimed the toll on each parcel of the cart-load, if taken to • particular prat of the market. The Urfriolout objected that the toll could only be claimed on the whole cart-load, and that whatever the rpace the fruit might occupy, no more than 441. of toll could be chimed. The case has already beta fiequently bt lure the public. Alr. MARRYATT now moved for • rule to slues cause why a new trial should riot be granted. There wss no grant to citable the Plaintiff to take daft rent tolls for different parts of the market, mid that there was no care wherein such a right was allowed without n epee'sl grant for that purpose ; nor was there, as he submitted, any power in the Plaintiff to rail' the toll. It war of the essence of toll that it could not be varied. The case was fully decided by the trial between the Corporation of Rye and ant Chatterton. The corporation had been at great expense in enlarging the harbour, and )et it determined was that the Corporation lied tro right to vary the toll. The COURT thought the Act of Parliament which regulated the grant fully entitled the Plain. tiff to claim any tolls which had been usually paid. —The rule was refused. PRIOR C. BIGNOI.D. Mr. BIONOLD moved fur Y new trial in this case. Ile war pre►sed in it from a seine of duty, and op°. gizeil for his chticiency in conducting a legal'argu n3ent. The ground of hi• t was, that the Plaintiff had not buffered sufficient injuly to entitle to so much damages as he recovered ; fur he walked over to the Defendant's house in a week after, and seemed to have forgotten what part of his leg bill been injured. The CHIEF JUSTICE read over his notes of the trial. Mr. BIGNOLD offered some finements to &sere. dit the evidence, but was informed, that the Court could consider nothing relevant which was nut le gally before them. Mr. BIGNOLD them read a long written commentary of his own upon the evidence of the witnesses, which the Court listened to with most forbearing iritielice for upwards of halran hour, which it filled up in raiding. Ile was proceeding with smuts ad ditional remarks, when 1.,,0rd Chief Justice ABBOTT stopped him, •nd oboerved, that the lime of the Court h'luuged to the public, our could they suffer it to be wasted be a y having no better motive fat occupink . it iltan.that of • subtle and pertinacious mind. Mr. Memos.° ritllls.l. h.MeVIPt. 4114 put ill an routs it the at nu of • surgeon upon the injury which the Plaintiff hail sutlers.) frints the chaise rolling over I • . • Lord Chief Jogire A WIG IT again reminded Mr. of the wok ible time he nes wasting, and Il ia i m po r t an t int•i n e•• which lie *as itittHr•ptiosig. ItiG 411.9 aria n taw Wortill mitre, and Ike Court fu.ed die inolioo. The I.ORO CHIEF Jusrics then proceeded to sit at A istsither of sintleretided camel were gone Ihrouzh, end the Cmort adjmirnr4l. COURT OF COMMON PLEAS, limarmy, J • 29. MATHEWS C. PRI( E. Mr. Serjrant "FADDY .cud, that the action in 'hi% caorie we. I gilt nu • der(' by which the Defendant contracted with the Plaintiff fur the ronitruction of a lock etitratier lido the Veit Indio Duck+, the work to he pin formed on the principles or construction then so.ril. awl after it should he completed, to be tne.iyured and valued by eaginrer., wise were to estim.ste the work lie. cording to the price of wedgy of a similar nature ; and its rune they should differ. in opinion, it was agreed that the purists in dilfenoice between them should lee referred to 4 thirst esigiii.er. The work was completed, and the matter was accordingly re ferred to the derision of two engineers ; they dif fered in osliniun. end appoisded an umpire of the name of William Andrews ; he made a definoti, and monied a sum of 1 , 7 01. to the 'Plaintiff, which sum was not paid. The action having been commenced, the De. felidant pleaded that he was not hound by the deci. Mtn of Andrews, bevies he did not yurvey the was k, or make airy valuation, and to that plea the present demurrer was taken. The plea, the Learned Serjesnt mid, was bed—tied, because the fact that a valuation wee made by the umpire was not alleged by the declaration, and was nut, therefore, !raver.- able by the plea ; and secondly, heeling... in point of fact, the umpire was slot Minot to make soy such valuation. That was a duty to be performed by the arbitrator , , and riot by the umpire —for it has been decided that the umpire is out bouud to take anew all the evidence which has been slimily taken by the arbitrators ; the umpire may take that evidence from tile arbitrators themselves, so the general principle applied, and it bore strongly on the cave before the Cowl : fur here the umpire was not to decide generally, but only on thaw particu lar points on which • difference of opinion might have existed between the arbitrators, and therefore he was 401 called upon to adopt all the evidence previously takeii by them, and to go anew over the ground which they hard already examined. Tke plea says that he did not survey or value the work, and eviniate it arccordisig to the principles oat which work. ofa nature are valued, but non con slat that the arbitrators did not differ un the point of valuation. The Cou Wr —Your declaration says that they dif fered on the points refered to them—you hod better amend the declaration. Mr. Serjraiit TADDY—:pIy Lord I must take the declaration as it is; if the declaration is defec. five, they should have demurred to it; but instead of doing in they plead, and their plea is bad, be. cause it traverses what is not alleged by the Plain. till, and what it was not iirces.ary to allege. The Lra►red Serjeaut said, he ....Mil acknowledge him. sell wrung io the construction of the deed, if the same labour cmt by the deed on the arbitrators nectesarily belonged in the umpire too; but he contended that it did not, and that the umpire might take the evidence from the aibitrators, and act upon it. The Ii iiiitiff relied on the decision of the umpire, that decision was not skean to be wrong, and the Court was bound so' locoman that every thing was right until the contrary was shown. How was the award impeached ? nut by chewing that the arbitrators did any thing that was wrong, but that the declaration did nut skew that they did every thing that was eight. Mr. Segued Lass said, that the declaration averred that the uminie did surrey the works, and yet the Plaiotiff objects to traverse his own allega tion : the Defendant traverses *hat the declaration alleged, but the Plaintiff say., the fact is not ma• tries! ; as to the materiality, it is said. that the ar•' bitraturs might have agreed on many poiuts...-0 /1 the point of valuation fur instance, and have differ. ed wily on some collateral question. If that were the case, it should have been *hewn, and would have constituted a special case, but nu such fact is allegro. On pleading., it does not appear that any survey whatever of tile work had been suede; and though that is the essence of the case, the Plaintiff say., that without that survey the judgment of the umpire should be considered as sufficient. Chief Justice DALLAS—"s As the case stands, it appears to the Court, that if the Plaieitiff did not aver that the survey was made according to the term. of the deed, the declaration is bad, and if he did allege it. the plea is good." Cause disallowed. RUTTERTON V. TURNER. Mr. Seijeatit Hut Lout movtd that the officer be directed to tax triple costs in this cause. It was r case in repleviii, where, muter the statute of the 4341 of Elizabeth, the party is awarded treble dama ges, with his costs also. The question was, whether the surds, with his costs also, meant treble costs, like the dausages, ur tautly the usual costs,. The Learned Setjeasit said, that if the word coats had nut beets meant, in the statute, treble costs should be awarded ; because it has beets held, that costs are to be taken in the stature of, and as a party of, the damages. That doctrine was held its tlie cause of Law/011 a. Storey, gtl Lord Itapsowd—there au act ttttt was brought, under the Sid of %Valium and Mary, and treble costs were awarded. Lord Chit( Justice DALLAS " How does the practice stand at present ?" Air. Serjeasit tiLILLOCIC•••" Indeed, my Lord, I e. tttttt t exactly say." A comminutel rule was reared. His Honour the Kama of the KoLLs will not sit nil (lonhey next in the Rolls Coort t it being • hultelsy, but he will sit at six on the evening of Tuesday to hear reuses. A &WM LTY .SESSIONS. Sesvions commenced at the OW Bailey yesterday. At nine o'clock nrecioely Sir Wit.. LIAM SCOTT (the Judge of the Court) teak his seat on the BrIICII, attended by svveral Civilians. The comini.sion fur holding the Court was limb read iu the us sal form. The Grand Jury were then sworn, soil Sir Wx. SCOTT charged them to she following rtirct. lie commenced by staling. that it was with concern he heard that the present Seism!), were likely to presest for their consideration severel grave and important cm., oi:carting out of the realm, slid which, as they were described to him. were of no ordinary aggravation. Lie understood, however, that they were not marked with any peculiar circumstances or particulars which distinguished them from cases of the same heinous nature committed within the body of the realm. That being the case, the Grand Jury would conduct their inquiries upon the Caine pm:copies and rules that governed them upon other occa►ions. when they hail to consider offences within the resin). Under these circunistaticts he would content himself with merely recommending them, whenever their inquiries led them to doubtful con clusions respecting the existence of alleged facts, to find the bills, and by so doing, leave the cases fur further and more /nature investigation. The Learned Judge then withdrew from the Bench. The Grand Jury also withdrew to consider of the following calendar of Primmer, fur the present Ses sions : William Lilly. aged 24, and Alexander Wood, aged 18, fisliernwu, charged with felony on the high seas. Joseph Bluets, aged 30, mariner, charged with elating and wounding Elranor his wife un the high seas. James Pater, aged 411, fisherman, standing charged with vitriol murder as the high seas. Thomas Carnes, aged 21, mariner. fur • similar offence. Santee! Baker, aged 32, mariner, for a similar utruce. The Grand Jury returned into Court at eleven o'clock, with a true bill rgsiu,t Lilly and Mod. Sir WILLIAM SCOTT resumed Ins seat on the Bench, assisted by Air. Justice PARK and Mr. Justice Bast. CHARGE OF PLUNDERING A WRECK. William Lilly mud Alexander Wood were then arraigoed for stealing • quantity of beef front on board the brig Nary, of Carnarvon, Robert Wel. lianas, master, while she was stranded "n the Good win Sands, off the coast of Kent, on the 41st De cember, 1818. Mr. ABAIIN read the indictment, and Mr. HOL LAND opened the case and detailed the circum stances of it as they were subsequently disclosed in evidence. He said the offence was a capital one. The brig was proceeding from Lituerick to Car nal von with a cargo of beef, butter, pork, sod bacon, value 7,0001., when, in • storm, she gut wrecked on the Goodwin Sonde. Several hardy seamen went to Wive assistance from the contiguous ports in about 50 boat., and he was sorry to say, that among then, were a number of men whose sole object was plun der, and who conducted the work of destruction so completely, that they carried off the whole of the rigging sod =aerials, as well as the cargo. Among them the Prisoners at the bar would, according to his instructions, be found. The first *anew was Robert Williams, who de posed as follows :—" I was master of the brig Alarm, of Carnurvoti, On the 41. t Decent ber.lBlB, I was returning on a voyage from Ireland. About flee o'clock 011 that morning 1 was driven by a storm on the Goodwin Sands and stranded, where the brig got water-logged and rested on the WIWI about lour miles off land ; about nine o'clock 40 or 50 hosts came from Deal and Rasusgate manned with about gOO or 300 oleo. They boarded the brig, and began to cut away with their axes the stouucheoos and masts, notwithstanding my retool'. Anne.% I cannot identify either of the Prisoners as being of the party. My cargo consisted of pro visions, viz. about 300 calks of beef, pork, butter, and also linens. The value of the whole cargo was between 6,0001. and 7.000/. I saw one of the boats stove in while at the stem and sunk. They opened the hatches, cabin, and committed general plunder, carrying off with them, in their booty, more than two-thirds of the cargo, and leas. log the brig a mere hull. The brig floated during the next tide, mud was then got into Deal." by Mr. ALLEY—" I d.d not ire the Prioontrs there: I USIA inly whether they were or not." William Garrett examined—" 1 sin a corporal of marines, and was on duty on the afternoon of the 41st December, at Kingsdown. I saw the vessel stranded about twelve o'clock, and dining my watch 1 observed a small boat coming towards the shore between four end five o'clock. She ap peared to be co►uiug direct Iron► the wreck. 1 ob served on her bow *lid ►tern the mark, 66 D. It. No. la." 1 also sawolirecily as she cause ashore. a large hole on her starboard quarter, which ap peared to be fresh done. The hole was outlined with a blue jacket. There wrre six tam in her ; among them were the two Prisoners, shunt, as well as two others, named Sutton and Chtistim. I had known for four months. Christian has since been drowned. Win, Bingham was also on board, and drowned afterwards with Christian. These were five out of the six. The sixth 1 did not know, 1 advanced, as was any duty, to search the boat fur smuggled goods, and found on board her forty or fifty *lb. pieces of beef and pork. The pieces weir not in casks, but loose ; they threw them ou the beach, and then carried them in ba•krts up to the village. Sutton said, in the hearing of the Prison ers, that if they had been oft' sooner they would have fared bette►, they should have gut some of the butter which the Deal men gut before them. 1 also heard them say the hole iu the boat was cau.ed by their being run foul of while on the Goodwin Sands, which compelled them to throw a good deal of the beef overboard before they could get at the bole to stop it. They boat was a small lugger." Cross-examiared.—" 1 could see the wreck from the share. The first time 1 saw the boat with the prisoners she was about a mile from shore." Lewis Davies erauwtwed.—•` 1 am a Midslii!onaii, and was on the blockade service on the coast of Kent, 0111 the 41st December, at Kusg►down. 1 then saw the wreck ou the scuds, about nine o'clock iu the morning. 1 saw the boat spoken 4.1 by Lot witueas some hours after she lauded ; she was *tine its he► starboard quarter."—He also corroborated the mark MI the boat. Daniel Sutton eremiseed.—" 1 ant a fisherman, and in the tud of tie 3iat ISIS, I secoll. et Ile brig Nary bring wrecked on th e ‘ovdaisi. Mood twelve r.'clock I went to her in a small how c4iP failed to get a large our), marked • ' I I don't recollect the iitiruhrr. I went win thr Prs *Duets and Sutton. Ilhogliun,, and Ciiiisinsis (wt e two la-t since drowned). We put off from K down, when 'e'en., the Deal boats jeti.filog very thick hrfore US ; se boards) her worm after tit:hick, and just Itsf,ire we saw her samotcontroot Ir . over. A great quantity of boats were halm. US. grounded anion the brig on the he hulk, perhaps about forty altigedur. loom Deal and items . ..ow. They were all lull tf the isig's *caries al.kat.tv waiting for the tide to mew W. began to ti I our boat with f fifty to eighty *eve a prows- . *inns. While doing so another boat close at. ut, awl cut oar starboard quarter, sod wade ouch 1 leak that we were obliged to the**, out a ova,- tity of the herf into the arfjoitiing boat* hirra fore we could get at it. Chris/aunt tlwts stuffed his jacket into the leak. got her tight we puslard off with atilt •.t had to Ki I .e•gocisorsi ;as we landed 'herr. vie sow Corporal Garrett on the beach." fie the., to7c. - bowed what Garrott e.i.f respectihg the 0f.p.0. it of the beef, after they I.ltoleil. Their cealinesir of the beef from the people of the sit. loge. We divided two pieces of the Ile. fof each other, and It ft the rtinainder for the owi.rr the boat. Cross examined.—We went off to assist the hri, ! . and most certainly 'twilit no harm, if our few ceiveil no accident ; we broke open no hut found the beef lying on the deck ; we said nuts:. about what we might have got in the pre*, nee ul tl soldier; we certsinly might have gut butter, weir we on busid sooner; but we positively intend-d t•r have carried what we might get to the Cikatum house, for the benefit of the °where. The Euston , • house was about three miles from Kiligsdusy. i was the occident our boat mit wizls that wide us dn•idr the beef. Examined by the COURT—'.i r e di•l led ilia I►e-f two two pours ler arch man IC the boar, awl left tire for the t•wurr t.l the bort. We o• I. lotougl t tillers !me.. nrr ; the rest owe hoer •ot.. n e other boats, wink we were kaki uu list (i•wt:w. g Solids, mod I doo't know what castle of New. he Slso rail Ilint mut It ul the 'serf was slits *MAI BMA fur the benefit of the real owner. Captain Williams wa. then moaned. 11...1 that Ilse Isar, of lila cargo Ithieh MI6 left oo wrrrk WS% sold by nucleoli on the Flow. The Primmer., on being called us for thr.r th f-siee, obesely raid, th. used the beef for their owls falsely. Mr. Josoire PARK rsennosed up the. esisleure. Verdict—Guth, of battle,. CHARGE (►F MURDER. Samuel B a k er w a s intlicitel (or the wilful mold r of Eisissiwet Bales.. lay beating his.. use liesmet tt fishing vessel called Ilse illifefisord, on t h e 16 !a 11arrli, 1818, of wlisch beating the aril &hawse 1 Brien died. 3lr. Rnouvatvu staled the case to the lure. TI e facts, a■ they were repreaes.ted by the liar•.. el rums.. were bets fly these. The Prisoner was mailer of a 6.111 o( Irene! whirls h 4 Barking use a voyage to the roost of Ma lawi The el ceased buy, Emanuel Brien, was as Nippers.. tic. on hoard, anal went dowse to the cabin DU Ile MA Mess last year, %Iwo the Prisoner elearci) him with taking ...sniv part of a dumpling, and heat hiss rwerely with a rope cal. d "a niae•siriag railing." Ile alrst.ted when Ike boy insp'e.r. eel forgivrieess ; but it was sfierwarils found the boy es -a drowsy sad is pain. On looking after him soon altar, al. ia be seemed asleep, he was funnel to be dead. The fuel runes., Benjamin Munrar, deposed es I was mate of Mr. Rickard's fi.lsisig vessel, the Who . head, of Barking ; we sailed on the 4th ; She deceased w..• an apprentice; us the 15th we were °ti the ea. eat sal H. - laud, when, in the evening, the Captain, myself, asst went down to the cabin. Prisoner asked fur a Jesiopliiii, which was left the day before ; seeing that pest of u ei,s eaten, he said to Emmert Brien, /11 pay ormfor l l.ix he ohms took down a rope-line still began to tent tha , lentil She latter said, " Pro! (orgire we, end 11l du se 0 u more." Prisoner immediately desisted, lest Ma.,. serving some blood on the bin's hands, he ••Its d lons sr.,. that blood ?" ) ex," said the hey, odd on any head elec.:" be then was ordered upon desk to wash hissowil. I ....n sts. sired him to being me a moll' and lamp on ak, a!aris I.e did, but icon after fell a cryine, and timid:sestet ato a.l. arts, and asked leave to lie down. I did ii-t think Isms 11, jet red at all, and therefore rtfueed,desitine him Is. go wa u, . shortly after he fell asleep, and I ronsid him; be went dos u to the cabin for a scup, bill fell asleep again dime. I lee -a al him a second time, and threatened us beat him. Its went rearward and cried, and still kept .1, sine, and the allele I kept stirring him the tamer he slept, asetil al last I alse:llt soot awake him. I then told the C,psaiis that the boy was so stupid, he would du noshing. I was mdessel Igo bring him down to the cabin, where he again fell asleep. We l►ft hien there maid a quarter before elev. es "'cloak Oats folluwing morning; seeing him still asleep at that hour, we looked at bins, mod I funnel his face pate and cold, and sot examination, saw he was dead; I ran up.oe el.rk to the Pri soner, ales came oust and ►aid he was &list ; teas of the what apprentices wire then desired to dress and wash hint ; the next ii,y the Pri.oltrr asked nse what I 'hooch! a-4,11(36meg the boy ; I said I could Mit fell What to 33y, lest that it • 443 bed business. He replied, it would:" hard wills h.sn tf it was gives out be had murdered the boy, seed that we woe nut say be had heat him, but that the boy it II down the Wail:- way in a convulsive fit and rot, his bead. He stabled that he had sees. people die so inch a manors, and they appeased as the boy then dial. I said that we must utak. slashes as easy as possible us. all soles, but if I was bittnithi oath, 1 should not take a false oath fur toy sawn bettor. e Omen sailed) hoinewardsosod arrived un Ithh 11raieh at the creek's snuntla at Balking We Own souk the bony to the owner of the ship's Imam., and Psi...err es eel on to Loudon with • cargo of fish. Witness here toweled in she rope, which he said was in the same state as whew the boy was beat with it. It was , 3 minimum piece of rope, rub r under ordinary dimensions. Cross eraseined.—The mounrot the boy begged (or men y aid arkssusstedged his fault, the Capiaiu c•as..i Ma.s. g him. The ulb•r salmis .tie presets' at the pn n ..ho.ru•, so that what I could say fur or against the Ps Isms. I CIJUI.I only be what the reel could. Wlta I found the buy a►lrep after the beating, 1 did nut think he was lut, mud thungl.t hum lazy. The Camino b. 'rayed no lisrahuess, M.* goal, " let him 914.9 p," w►en be heard he would 61.1 wea k. Ia sower to a question (sum the tonne. be said that he bad twin many boys punished, and gem sally anti a last supe than that now prudneed. Jam., Tyler, &twilit r seaman, eurri•lissiiited the fursat r wittiess's ...demo nom cting the eireunsataures of the buy's punishment us Ilw cabin, •inch consults' of eight ur MN* stink.. of the lope; he eemuselier.l sir. le in .. Min uas the b4s k, but Inc buy •lessk dusts, and then r.resived a Mow o■ the bark past of the h. ad. lie al•u d.pusd los :he r iug symptoms eishihit..l by the boy after he bad burn bat. C'ross•ereetird.— fine blow u■ the he ad ass id. 6141; it arose solely fruns she buy's aqualung. 11. kn,w Minds. r e fur fourteen years, had seen him with many Alpo ‘1•49 ; Lt we. always a 4106'1 and humane 11$411. on 01,C11 he strut k the ►uy Mall rather soialltr t►at. *hat woe ir gtnc• rat use. Jobe Dorsky, a fellow apprentice, was *bunt 10 detardti the na. kg un Lbw buy's head shall he meshed die Web tout I y • • a 'l, , • , .