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

LAWS OF ENGLAND. - -- Having pledged ourselves in a former number, to give some idea of the mode by which, according to our view of the subject, a simplified code of laws may be obtained for this country, we now resume our observations. It is certainly more easy to discover imperfections than to find out and apply a remedy for them ; and when we pros we to frame our laws into a code, two difficult ques tions suggest themselves. lit, How this may be done ? and Odly, Who is to do it ? . It would require a long and tedious dissertation, which, perhaps, would neither be read nor understood by general readers, to explain minutely how our laws may be re duced into a systematic form. We will content ourselves, for the information of such persons, with merely stating the outline of a plan ; by no means asserting it is the best and most feasible, but producing it for the purpose of shewing that it is easy to invent one. Any person, who has ever examined a treatise upon any particular branch of law, must have discovered that the greatest part of the book is filled with statements of contra tlictssry statutes, conflicting decisions, and nice distinctions, from all which the writer deduces certain principles of law. If these principles were made law by the Legislature, and arranged systematically, that which must now be sought after with so much labour, through numberless vo lumes of reported cases (fur treatises are not authori ties), would be known without difficulty, by reference to the Code which should thus have been formed.— The essence of the Statutes and decisions would therein be arranged, under various subdivisions of certain sorts, or classes of law, and M ing put into proper and concise forms, would receive the sanction of the Legislature, and become the settled written law of the country. Now, lawyers, for their own convenience, have lung been in the habit of ' snaking certain heads or divisions of law. Let us suppose the laws to be classed smiler the general heads of criminal and civil. The subdivision of the class of criminal laws will be according to the nature of offences, and the punish ments by which they arc visited. The civil may be sub divided into laws affecting fixed and moveable property, and such as affect personal rights. It will be found expedient to class by themselves those that relate to commerce; and the same must be done with parochial, including poor laws. Ecclesiastical law must in this country be classed separately. The Constitutional Laws it will perhaps be judicious not to meddle with, until some skill has been acqvired in the classification and formation of a Code. It will he the business's of the persons to be employed in this work to extract from the statutes, and from the deci sijns of the different Courts, their best and plainest mean ing, and set that down in clear and concise language, in ' such natural order as the subject may suggest, under the subdivisions of the general heads, or classes, above alluded tu, and such others as may appear to be necessary. This will give the actual state of the law. Where that shall appear to be productive of injustice, alterations may be made, as we will suggest presently. But it is an uncertain law which is the greatest injustice. We shall proceed to the second question, viz. to what persons must the performance of this work be entrusted? The majority of them must be Lawyers. It will be necessary to employ one or two Civilians as well as Barris ters; and for the Commercial Code, laymen may be added, who have great knowledge and experience in mercantile concerns. They should be men still in the full possession of their mental vigour. They may be induced to abandon their practice by high salaries, and pensions to be secured to them for life. A Judge might be chosen whose health, though unequal to the labours of the Bench, would still be sufficient for the exertion necessary in framing a Code. These Commissioners should be under the superintend ence of Committees of the Houses of Lords and Commons, to whom they should state the result of their investigations, and be by them directed to give it the form of enactment. Certain portions of the Code, complete in themselves, should be successively subinittoti to the two branches of the Legis lature, and receive the sanction of the Crown. No alteration should be proposed in the existing law, without notice having been given to that House in which the proposition is to be tnade; but the Committees should have the power, without notice, of ordering the consoli dation of all the Statutes upon the same subject, in a way similar to that which has been adopted respecting certain parts of the Revenue Laws, those concerning Juries, and in Yr. Boats Atilt, brought Us lain Session, to settle the law upon the crime of' theft. It may be thought that a long period of time must elapse before any material part of the Code could be framed. But it is conceived that when persons skilled in law shall come to the examination, even of unsettled points, with min Is free from prejudice, and when no ingenuity is to be exercised in order to support the weak side of a question, much time will not be required to come to a decision. In the Courts of Judicature the case is very different. The business of a lawyer is not unfrequently to invent argu ments contrary to the conviction of his own mind. These arguments must be answered, not only by the advocate op posed to him, but also by the Judge ; and hence often mists the delay experienced in obtaining judicial decisions.. It is hardly necessary to observe that no such obstacles will impede the progress of the persons whom we propose to employ. If difficulties should occur upon which the Com missioners cannot make up their minds, they must be re ferred by the Committees to the great law authorities. The Conimithioners must pursue their labours during the greatest part of the year, whether Parliament be assembled or not. The expense of keeping such a set of (7ommissioners at wo.k is, no doubt, a matter worthy of consideration. It does not, however, seem likely that it would be of such magnitude u to prevent the com?letion of so important an undertaking. Supposing biz or seven persons to be em ployed, with 'salaries of 5,000/. per annum each, 3.imoot. would be the amount ; then if .5,1100/. a-year be added for in cidental expenses, the whole would amount to 40,0001. Shatilii their labours continue ten years, they will have cost the country, at the close of them, from four to five hundred thousand pounds, snaking ample allowance for unforeseen expenses. flow many half millions have been thrown away in the course of every ten years, for the last century, upon objects of comparatively trifling importance! We have endeavoured to shew the possibility of framing a Code of Laws for this country, in which conciseness, pre cision, and systematic arrangement, might take the place of the diffusiveness, obscurity, and disorder, of our present legal chaos. We have proved that neither the time which the wotk is likely to occupy, nor the money it would cost, are worthy of being put into the balance, to be weighed against the advantages it trust produce. It remains for us to con sider whether as great, or at least sufficient, amelioration, may be effected by the ordinary mode of legislation. It would carry us far beyond the limits we have pre scribed for ourselves, should we attempt to enumerate the instances in which that mode of legislation has failed. It would be absurd to undertake to produce a complete ma chine, by making a wheel to-day and a spring to-mor row, without leaving contemplated the whole together, and termed a proper scale of proportion. So, in the amend ment of our laws, unless a general plan of improvement be adopted, no real advantage can be obtained; for that which shall be received separately, and perhaps made per fect in itself, will be found to work so ill with the rest, that it must altogether be abandoned ; and, according to our Present anode of proceeding, centuries must roll by before any sensible effect will be produced. The insulated efforts of one or two individuals, however talented and zealous they may be, will do very little in the course of a session of Parliament. Besides, their piece-meal amendments will be so cavilled at, and so misinterpreted, that they must have more than mortal energy of mind to enable them to persevere. But when, influenced by a liberal and enlight ened Administration, in whose discretion the majority of the people seem willing to confide, the Legislature shall authorize a body of well-selected persons to undertake a general revision of our laws, we may then expect the work to proeeed with that regularity and despatch, which gene rdly insure success to every thing that Englishmen seri ously and honestly undertake. Oar fish-market has been plentifully supplied this week by the arrival of from six to s,:vcnhnndred tine freslsalmon ice, from the Colerain Company. The prices have consequently fallen in the market.—Glusgow Courier of lueedoq. MACADAMIZATION. In the proceedings taken before the House of Lords on the 11th of last May, several witnesses gave evidence on the Westminster Improvement Bill, as to the comparative expense of macadamizing and paving, well worthy the attention of the inhabitams of those parishes in which macadamization is proposed. Macadamization is a de sirable improvement on paving, for places where quietness is a desideratum ; but then the expense ought to be borne by a proportionate subscription from the persons seeking the benefit. In streets of much traffic the altera tion is sibolly impracticable ; for the wear and tear would be so constant as to allow no time or space for repairs, as was evident in the macadamized streets last winter. Where the water-plugs were put up, during the frost, the forte of the wasted water alone actually beat the mac adamization into large holes and pools. The expense of macadamization ought, in particular, to be explained to in habitants before they are persuaded to agree to the altera tion—it is no less a difference in ten years than 21. on every yard; a yafd of paving for that time amounting to 10s. ltkl., and a yard of macadamized road for the same period costing 2'. Ins. 10d. Mr. Johnson, an eminent pavior and stone-merchant, stated before their Lordships, be had been a contractor for St. George's, St. lip St.Giles's, and other parishes, and for some parts of , itv which enabled hint to make very accurate calcul ns. He proved that the very best pavement would cost 13s. per square yard, which would require no repair for the first year certainly, and in most cases would cost nothing in repair for the first three years; that the expense after the first year would be about id. per annum for ten years, after which the pavement, as laid down, would be worth Bs. per yard to the parish ; thereby reducing the expense of a square yard of pavement, in ten years, to 10s. 10d., as under:— s. d. First cost . 13 0 Ten years' repairs at 4d. . - 3 4 Ditto cleansing at 3d. - 2 6 Deduct value of old stone - . - The old stone, Mr. Johnson stated, might last twenty years longer; hut at all events would be worth 85. per yard after ten years' wear. That statement was made at a calculation of using the very best material, but most of the pavement is laid down at from 75. to 10s. per yard. A macadamized or broken-atone road requires keeping in repair the first year, and every year after requires two coats of three inches thick, to allow for wear; the coatings cost Is. 9d. each yard, the cleansing and scraping coat lUd. per yard, as under— s. d. First cost . 0 7 Tao coatings. at Is. 9d. each for 10 years - 115 0 Cleansing at 10d. per yard for 10 years . 0 8 4 £2 10 10 The Clerk to St. Martin's Paving Committee sifited that the expense of keeping in repair the pavement from the Haymarket to the Admiralty, on an average of seven years, was 220/. The Surveyor of the same pa►ish proved the expense of keeping the same road in repair for the last seven years was Mid. per yard ; that it has now been macadamized, and cost, in labour only, from 3s. Gil. to Is. per yard ; that they broke up all the stone and took none away ; and although they laid it on from 15 to 18 inches thick, it still wanted a general coat throughout the line. The Commissioners for Woods and Forests offered to keep it in repair at 39. 4tl. per yard, and 2'd. watering. At 3s. 4d. it would cost 1,828!. per annum—a sum more than one-third of their whole rate for watching, lighting, and paving: 'f he Surveyor to the Commissioners of Westminster bridge, stated that the expense of paving and keeping in re pair the paving of the bridge for twenty-two years (from 1802 to 1820 was 3,191!., including 1,165/. for new pav ing in the first year, making an annual expense of 139/. About two years ago the bridge was macadamized, and the year after cost 1,507!. 12s. Gil. There was a covering ordered in June, 18'25, which cost 172/. 10s., bts:des Mr. M'Adam's annual charge of 3001. The surveyor said he thought it now required another covering, like that of last year, at the expense of 470!. 10s., as he had examined the road, and found the broken stone, on an average, not more than three inches thick. - CITY BUSINESS. Yesterday the Lard Mayor held a Court of Aldermen at Guild hall, for the purpose of swearinc Sir Peter Laurie into the office of Alderman for the Ward of Aldersgate, the Sheriffs Elect seal. ing bond, at.d other business. The Lord Mayor, 18 Aldermen, Recorder, Sheriffs, and City Officers, were present. His Lordship stated to the Court that, at a Wardmote recently held before him in the Ward of Aldersgate, for the election of an Alderman in the room of R. A. Cox, deceased, Str Peter Laurie was unanimously elected. Sir Peter Laurie was then introduced by Me. Deputy Fisher, Mr. Deputy Lorkin, the Members of the Common Council, and several Inhabitants of the 11'ard ; and was thereupon sworn into office and took his seat. Charles Farebrother, Esq., and Henry Winchester, Esq., Sheriffs Elect attending, entered into the usual bond to take upon themselves that office on the 28th September next. The Sheriffs delivered in statements of the number of prisoners confined in the several gaols of Ibis City of London, and of the general state of diebealth of the prisoners. 31r. Alderman Ansley was elected Collector and Receiver of the Orphans' Dues on Wines brought into the port of London, in the room of the late Mr. Alderman Cox. The Court adjourned the consideration of the petitions of the inhabitants of Portsoken Ward, against Messrs. Saul's application for the freedom ; and bicsars. Saul's petition to be admitted to the freedom. A petition from the inhabitants of St. Paul's Church-yard, com plaining of the inconvenience they sustnin by reason of the number of stage-coaches there, and the bad and dkorderly conduct of the drivers and whets connected whit thew, was presented and referred to the Police Committee. The iVardinote Inquest also attended, and presented the same as a public nuisance. The Rulers of the IVatermen and Lightermen Company attended, and were swam into office for the year ensuing. This city (Hereford) and various parts of the county, have been visited during the last week with storms of rain and hail. accompanied with thunder. On Saturday the rain was very heavy, the thunder tremendous, and the lightning extremely vivid. Near Lugwardine, hailstones the size of musket bullets fell. On Thurs. day a hailstorm, the severest ewer witnessed by the oldest inhabi tant, fell at Linton, in this county ; some of the pieces of ice taken from a ditch the nest r y, measured an inch and a half across. We regret that several hop yards were injured by the hailstone*, the vines being cut off and nearly destroyed. On Tuesday. the 211th ult. about half-past two o'clock, p.m. a heavy storm of hail and rain passed over Orossmont. accompanied with tremendous •hunder and lightning. The electric fluid struck the chimney of a house occupied by Sles. Powell. a widow, who keeps a day-school, the stones of which were forced out, and part fell into the kitchen, where the mistress and 14 or 14 children were sitting . • fortunately they all escaped without injury, time!' many suffered severely from the effects of the fright the visitation occasioned. No other damage was done, except to the up-stairs windows, which were broken, and an out-house adjoining was also injured. A short dis. lance from the town an ash tree was shattered to pieces by the lightning. In different parts of the kingdom similar visitations have taken place, and many cattle, &c. killed by the lightning._ Hereford Journal. Fl R E.—Yesterday morning, about half-past four o'clock, as the watchman was going his rounds, in passing up Lisle-street, near the Two Brewers' public-house, Brewer's-green, Westmin ster, a strong smell of fire, and sort of crackling sound, attracted his attention, and induced him to knock at the door of No. 14, from whence it seemed to proceed, and alarm the inmates. This was with some little difficulty effected, and, the door being opened, the crackling was more distinctly heard, proceeding from the kitchen ; the alarm had now become general, and two other fami. lies resitting on the floors above were warned of their danger. By this time the kitchen appeared in a general blaze, which was fast communicating to the upper part, and the first flight of stairs had taken lire. Sonic few articles had been removed out from the ground-floor; but the assistance given to the flames from the cur rent of air was so great that all who studied their own safety were obliged to retire from the house. At this moment it was ascer tained that a child, about 14 months old, had been left asleep in a cradle in the top floor, to which the flumes were approaching. The father and mother were in a state bordering on distraction, until their distress was alleviated by the appearance of a young man on the roof of the next house, who had procured admission some few doors off, the inhabitants of which had been roused by the alarm. and dins mule his way through the window into the room, and brought the child out in safety. The parish engine of St. Margaret, Westminster, had some time strived, and was now followed by several others; and in about an hour the fire was par tislly extinguished, being entirely confined to the house where it commenced, which wu insured ; but the lodgers have lost all they possessed, and, but for the discovery trade by the watchman, a sacrifice of lives might have been the consequence. The cause of the fire is not known, but :t is supposed to have originated from the remnants of fire left in the copper grate the day before, some of the 1 inmates of the house having been washing there. THE BRITISH PRESS:* lIERTFORDSHIREtSIIMBIER ASSIZES. The Summer Assizes for this COenty ecebniegeed al Hertford on Srednevdey morning, before Mr. Baton Gueffak, on the Civil aide, and Mr. Justice Hotwoeb, en the Crown side. In the Crown Court the business is unusually heavy foe this county, but none of the case. are marked with features of great enormity. On the Civil side there are but tire cutlets entered tot tiial. CIVIL SWF:. Goren v. PALMER. This was ati action for defamatory words, impeaching the plain tiff's chastity, with an averment isr special damage in the tel.- mination of a marriage contract, entered into with her, by a per son named Thomas Jelly. The words set out in the declaration were too gross for publicity. The defendant pleaded the general issue. Mr. Sergeant ',AWES and Mr. Awnatws conducted the plain. tiff's case, and Mr. ADOLPH era the defendant's. The principal witness to support the ease was Jelly, who stated that his Christian names were Thomas William,although he gene rally went by the name of Thomas. Mr. ADOLPHUS submitted that this wan a fatal variance. Jelly being described in the declaration by the Christian name of Thomas only. Mr. Baron GRAHAM would net stop the cause for this objection, bat said he would save the point. It appeared that all the parties lived in En fi eld, the plaintiff being sister to a publi ca n, Jelly being a journeyman baker, and the defendant the tom of a farmer, &miring the latter as a labourer.— Previous to June, 1824, Jelly had been courting the plaintiff; with an intention of marrying her. The banns of marriage had been published twice, once ir. the parish of St. Jatnes, Clerkenwell, and the second time in St. George, Ranover-square, although neither he, not his intended bride, had any connexion wish either of those parishes. The motive for puhlishing the banns in the second pa riah was to avoid the prohibitioneof the Mat riage Act. According to Jelly's statement, it appeared; that just previous to the period when the marriage was to be solimnized, lie had an interview with the defendant, who expressed Ids astonishment that he was seriously bent on marrying the plaintiff; whom he represented in unquali fied terms as a woman of most abandoned habits, whose favours he had enjoyed without restraint in the most unblushing and open manner. This imputation was repeated on several °craniums until a eery short time previously to ! the commencement of this action 'The effect was to induce Jelly to break oft' with the plaintiff, and after a courtship of one month only with another yonng woman named Robinson, he married his second sweetheart. The alleged slander was proved by several other witnesses, who attributed to the defendant the most gross imputations on the plaintiff's chastity. The defence set up was not in denial of the words illegal, but in contradiction of Jell', the principal witness, and that the marriage waft not broken Why him in consequence of what the defendant had said, but from his repeated declarations that the lady had favoured him in a particular manner, without the performance of the mar riage ceremony. On his cross-examination Jelly denied. first, that be had been acquainted with his ,piesent wife more than a month before his marriaee with her; second, that his father had reproved him for continuing bis courtship with the plaintiff, in conse9uence of his being then on company-keeping terms with Miss Robinson; third, that he had never declared that the banns of marriage with the plaintiffliad been published without his cousent; and fourth, that he had never declared that he would murder any man but him self who married Miss Robinson. Upon each of these points several witnesses were called, who flatly contradicted him; and it was proved that he had expressly declared the ground of his !peach whit the plaintiff to be, that she !mil !Lamed him with her tenderness without the form of marriage, and that he might at any time enjoy her favours without ceremony. Mr. Heron G RAHA m left the Jury to Ray, upon the whole of the evidence. whether in their opinion the witness Jelly had broken off the marriage contract with the plaintitT in consequence of the alleged slander; and if so, what damages they would give under the circumitanceß. The Jury Wend their verdict for the Costs 40$. WESTERN CIRCUIT. WINCHESTER, WEnNE4nAv, JULY 6. CROWN COURT. Thomas Oliver was charged with having stolen a quantity of timber from Bramble Hill-walk, in the New Forest, the property of his Majesty. James Hunt—l am a groomkeeper in the New Forest. I have the care of Alalwood-walk. I was on duty on the morning of the 13th of March, and at about one o'clock in the morning I heard the noise of • truck going from Bramble Hill-walk. There were a number of trees felled in this walk, by order of the Commissioners of Woods and Forests. I saw the truck with timber on It ; there was no horse. but the prisoner was between the shafts. with harness round him, and two persons were behind, 'pushing thrward the truck. 11 - init.'s took the ptisoabr into custody, and examined the timber on the truck ; it had been newly sawed, and had the King's mark on it. Cross-examined—Witness interrogated the prisoner, but he de clined answering. Witness will not swear that no wood has been sold front out the New Forest. James Emery is the groomkeeper of Bramble Hill-walk; he compared the timber found on the truck drawn by the prisoner. with the pieces which remained In the Forest, and which appeared to have been lately sawed, and thi exactly fitted. Cross.examirsail—Witness dows not know whether ,tisulass isatLiwart swidwArßl austitworr-theis re hod nor. - • __.— - --- umber has been sold in the New Forest, with the Kings mark on it. The timber thus sold is usually taken away on trucks. In answer to theCoutur—lt is not usual to carry away tim ber which has been sold at one o'clock in the morning. William Reid is the person who marks the trees in the New Forest. The trees found on the prisoner's truck bore the King's mark, and witne-ai swears that it had not been sold. The Jury, without any hesitation, returned a verdict of Guilty. The Learned JUDGE said he understood that the prisoner had been convicted of the sante offence before the Magistrates ; under such circumstances, he felt it his duty to sentence the prisoner to be transported for seven years. John Robinson and Wm. J. Smith were put to the bar, charged with burglarionsly entering the dwelling-house of James Kane, at Alverstoke, and stealing therefrom a clock, value 101., three tire pound Bank of England notes, and divers other articles. The prisoners pleaded guilty to the charge. The COURT inquired whether the prisoners were aware of the consequences of confessing themselves guilty ? The prisoaers both wept bitterly, and replied that they did not wish to add falsehood to crime. of the The prosecutor humanely recommended the prisoners to the mer ciful courideration of the Court. The Learned JVDGE said he should certainly recommend that their lives should he spared ; bust' Unless he was acquainted with more than he now knew, he should advise that the prisoners should be sent out of the country. The prisoners thanked the Judge with every appearance of fey. your and sincerity. The prisoners are not natives of Hampshire, and stated that they came from liristol. James Miller, a very young man, was charged with having broken into the dwelling-house of Ann Ingram, and stolen there from a silver watch. The prosecutrix resided In the parish of Boldre, and is the maiden aunt of the prisoner. The former left her house after night-fitll on the 13th January last, and on her return, in about an hour after, discovered that a shutter, which she left fastened, had been broken open in her absence, and a silver watch taken away. In three days after the robbery, the prisoner pl. dged the watch at a pawnbroker's in Southampton, to whom he stalill that the watch was his own property, and that he was a ma riner, and resided at Poole. The prisoner could not account for having the watch in his pos- PCIIBIO , I ; he was therefore found Guilty.—Sentence of Death was recorded, but The Learned JunGt intimated Lis intention of recommending the prisoner to mercy. HORSE STEALING. . . _ Wm. Orman was charged with having, on the 13th of May, stolen a black mare, the property of John Adams, and Wee. Spoorive was charged with recoving the said mare, knowing it to' be stolen. Osman pleaded guilty, but solemnly declared that Spooner was ignorant that the home was stolen. Spooner was then put on his trial, and as it way not distinctly proved that lie knew the hotse to have been stolen when -it came into his possession, he was aequitted.—Sentence of Death was re• corded agamst Osman, but The Learned Ju DOE intimated that be would recommend a mi tigation of the sentence. Thomas Hawkins was charged with having in his possession a quantity of naval stores, the property of his 31ajesty. Thos. Robinson is au officer of the Dock-yard, and is resident at Portsmouth. Went on the Ist May with two other persona to the prisoner's house at Portsea. Upenteasing the parlour, witness observed the prisoner's wife Intim( the room, and she was followed by another other named Locke. The prisons was in the parlour, with his coat off. There was a powerful fire in the room, and in this fire there was a crucible, which the prisoner said contained meta. At witness's desire the crucible was taken out of the fire, and contained liquid metal. Upon its caroling, witness observed that it was a mixture of copper and other metals. Prisoner said he got the metal out of some clinkers which he found on a dunghii. Witness saw some clinkers in the apartment ; they were warm, and appeared to be the refuse of copper nails. Witness then observed a copper nail in prisoner's hand. (The nail was produced.) It was a new nod, and marked in two places with the broad arrow. Afterwards a bag was discovered in the room,containing a quantity li of sheet copper, nails, &c. The prisoner did not account in any way for having these goods in his possession. Cross-examined by prisoner—Witness knows a Mr. Pushman I and a Mr. Holmes; they had a timber-yard ; they bought old ves sels, in which of course there was old copper and iron, but the cop per and iron should be returned to the Dock.y..rd. Sam. Locke, an officer of the Customs, accompanied the last wit. news to prisoner's house. Witness followed the prisoner'a wife out of the parlour, and found concealed under her arm an old jacket, containing a quantity of copper and nails, marked with the broad arrow. Witness also discovered $ small cake of metal nails ce mented together. Cross-examined—Witness said, on seeing the metal, I have just found it u I was informed. The prisoner here desired to ask the witness whether he received his information from a male or female, but the Court overruled the question. Cross-examination resumed—When witness searched the house, lie found three sacks under the bed. Il'itns3l is not a marrisd man. {Could not wish to think he was living In Idultery. The Court here interfered, and refused to let this course of examination be continued. Cross-examination continued—Witness could not swear that the property produced was taken off ships that had been in his Ma jesty'a setyice. Witness does tot know how many ships had been sold out tai bin Majesty's service. Jatnes Iveny, a constable, accompanied the two last witnesses, and merely repeated their statements. Cross=exan.ined—Prisoner said lie was not at all alarmed; he had nothing to fear. John Gamble; another officer of the Customs, had the property placed in his keeping after it was taken from prisoner's house. Cross-examined—in taking the stores to the Dock-yard, witness did not throw any thing amongst them. Witness can sweat that the King's mark it on some of the stores. John Thorpe, deputy storekeeper at Portsmouth, was produced to prose that the bioad arrow was on the stores produced. Some part of the stores prodtrvd appeared not to have been used. The value of all the stores found in prisoner's house is about 91. Wit. ness has no doubt that they ate some of the naval stores of his Majesty. If copper is found in old vessels sold, the purchaser is bound by the terms of the sale mreturn it to the Dock-yard. Cross-econtined.—Witness knows several dealers in marine stores. He knows of some of his Majesty's vessels having been sold. Ile remembered the Dido being :old, and the Cherub being broken up. The condition of sale was, this when copper or nails Isere returned to the Dock-yard, they should t.'e ,psid for. There was no clerk in attendance whose duty it was to recei , ! , e the returns of copper made by the purchasers. The prisoner wished to put a question to the witness, ascertain ing his opinion as to whose property the stores produced were; but the Court repeatedly informed the prisoner, that it was immaterial whose property the stores were ; the question was, whether they were marked with the King's mark or not. Cross-examination resumed.—Witness knows that merchants use copper nails, but believes the nails now produci.d are not mer chants nails. The prisoner conducted his own defence with great coolness and some ability. In a very elaborate addrers, he endeavoured to convince the Jury that small pieces of iron and copper were fre quently thrown out of the Dock-yards ; these came into the hand► of needy persons, who of course sold them again ; and in this way they had come into his possession. He further stated that he had lived for more than a year at Lambeth, whilst his wife remained at Portsmouth. He only returned to Portsmouth a short'time be. fore he was taken, and it was during his residence at Lambeth that Ids wife had purchased the property in question. Some of these articles, it might be, were marked with the King's mark; but when his wife went to Sir G. Grey, and told him that she had got some pieces of iron with the King's mark, Sir George's reply was, put it aside in a box, and then bring it to the Dock-yard, where you will be paid for it. Ile (the prisoner) attended to this advice, and had actually sonic iron unpaid for in tile Dock-yards at this moment. He (the prisoner) had been convicted before for pur chasing King's stores, but ibis conviction took place tor want of explanation. Ile had dealt in nails to a very large amount, and actually received many thousands from Government. Ile litid been reduced to poverty in consequence of the conduct of certain bankers in Portsmouth, and their assignees. Ile should not trouble the Jury longer, but would proceed to call his witnesses. The first witness was William Hawkins (the prisoner's son). He said he entered his father's house on the morning of the Ist of lllay. He saw some metal nail. mixed up with rubbish, bat no copper nails. Witness knew that his mother was in the habit of buying old brass and copper when his father wss absent. Wit. ness knew that his father purchased metal from various ship. builders and coppersmiths, as well as dealers in old rags, &c. &c. %%Imes' Sunsuit has picked up old iron and metal in the street by accident. Joseph Lillywhite worked with tile prisoner for several years. The prisoner lived in London for the last twelve or fourteen months before he was apprehended. Witness did not know that the prisoner ever purchased any stores from the Dock-yard men. He never observed the King's mark upon any copper which he worked up for the prisoner. James Elcock often sold the prisoner large quantities of metal, and always found him cautious In rejecting any that bore the hang's mark. The prisoner having concluded his defence, Mr. LIME, for the Crown, addressed a Yew words to the Jury; and— The Learned JUDGE haying recapitulated the evidence, left the case to the Jury, who, without hesitation, returned a verdict of Guilty ; and as the prisoner was an old offender, The COURT sentenced him to be transported for 14 years. CAPTAIN FRE3IANTLE'S CASE. In the course of the day, the witnesses who were bound over to prosecute Captain Fremantle, were called upon ; but u they did not appear, their recognixanceit are forfeited. CIVIL SIDE. • (Effort Mr. Justice LIT TLEDALE.) HOW V. LYPE. This was an action brought to recover the sum of 41f. for work and labour done. It appeared that the plaintiff" is a house-painter, and was employed by the defendant, a gentleman of fortune, to paint an anciert mansion, in the neighbourhood of Southampton. The plaintiff's bill amounted to 252/., of which sum defendant tendered 2111., and in his defence contended that the plaintif was amply paid by the sum paid into Court, and that many of the items in the bill were charged at a much higher rate than if the work had been performed in London, or its immediate vicinity. In reply to this defence, it was urged that many of the plaintiff's charges were of, coursOlf;clatalsag-sbey —mild be in Lender, be.. cause wane of the articies furnished could only be purchased in London, and plaintiff's bill was higher than the London charges, in proportion to the expense of carriage from Landon. After a great number of witnesses were examined on both sides, the Jury returned a verdict for the plaintiff —Damages 41!. - - MIDL 4ND CIRCUIT. NORTHATIAMTJuLT 5. CROWN SI DH. Shortly after seven o'clock this morning Mr.CLAR es entered the Criminal Court, and immediately proceeded tetry prisoners. Isaac Waters, Min Nicholls, and Thomas Ingram, stood in dicted for having, on the night of the 25th Apt il list. hur"lariously broken and entered the house of James Hawes, of Rotherston in this county, and stolcu therefrom one flitch of bacon and one sack, the property of Richard !Rumford. I he prisoners pleaded Not Ouilty. Mr. DWAIIRIS briefly stated the case, and called the following witnesses. James Hawn examined--I work as a journeyman for the prose cutor. I remember the 24th April Isst. I fastened all the doors and windows before I went to brd. I got up next morning at peep of day, about four or five o'clock, and went through the bake house, which formed part of the house. There were three Hitches of bacon there, besides several chines. I missed some of them, but I could not at first exactly say how many. Mr. HustPtraEY, for the prisoner, declined cross-examining the witness for the present. James Blackwell corroborated lut witness as to the siivation of the premises the night before the robbery. but he could say nothing as to the persons of those who colhniitted it. . . Jameri'llawes again examined-1 sin a baker. and on the 24th April last I had several Hitches of bacon, and also several chines. On the morning of the 2.7ith April I saw sonic of my windows broken, and one flitch and one chine were taken away. There was some salt on the ground, and a footstep mark in it. This I traced to Mitton's town.end, but did not proceed further at that time. I afterwards went with Billings to where Nicholls and Ingram lived, and there found up a chimney a round chine and my piece of bacon. lam confident the property was mine, for I said so the moment I saw it. Cross-examined by Mr. II u 31p11 rtEr —I knew the bacon to be mine from its dryness, as I had it to dry fur Mr. aluinford. I could only know it by that means. Billings, the constable, corroborated the last witness, as did another constable of the name of Marriott, who delivered the bacon to Mr. Grant, the gaoler. Mr. Grant produced tilt bacon, which was ;identified as the pre perty of the prosecutors. Sophia Addiwgton examined-1n April last the prisoners lodged in my house. I had no other lodgers, and no bacon. I know nothing more about the business. Mary Samisen merely deposed to the prisoners having called at her public-house on the evenirg of the 24th of April, and having left it together between eight and nine o'clock. That was the night before the bacon was found. Wm. Freeman swore that he yaw the prisoner Ingram on the morning of the 2lith of April, about a mile and a half trout Mitton, when hesaid he had stolen some bacon ; that he was blown upon,and intended starting for London. John Clarke, a constable of the parish of St. Martin's, ;Middle sex, stated that he apprehended the prisoner Ingram, who, without any promise or threat, declared that he had assisted at the robbery. The prisoners declared they hail found the bacon. The Learned JUDGE summed up the evidence, and the Jury, after some little hesitation, found the prisoners Graty. Sentence of death was then recorded against them. VIOLENT OUTRAGE. James Catherall and Irni. Robertson were capitally indicted for having violently assaulted, and with a view to do grievous bodily harm, the person of Jas. Henley, on the 20th June last, in the parish of Boughton-green, in this county ; and also for having taken from his person eleven half crowns and other small articles. It appeared from the evidence, that on the night in question the prosecutor, who is a waiter, had been attending in that capacity at one of the booths at Boughton fair. In the course of the evening he had occasion to leave the booth, and just as he left it lie re ceived a tremendous blow from Catherall, which immediately knocked him down. While on the ground the other prisoner, Ro bertson, tore off one of his pockets, and emptied the others of the silver and other articles. 4Vhile this was going on, Catherall preitsed with his foot upon prosecutor's neck; which prevented his calling for assistance, and he was so violently attacked that the blood gushed from his ears in considerable quantities. As soon as the prosecutor had recovered a little, he gave inforut on to the constables of the parish, and the prisoners being knovill as despe rate characters, were apprehended and identified by the prosecutor as the persons who had so violently robbed him. The prisoners asserted their innocence ; but the Jury instantly found them Guilty. Catherall was again pot to the bar, charged with having been guilty of a similar assault and robbery, on the body of James Ilan. well, on the same night, and at the same tiir, at Boughton. The evidence was equally conclusive in this as in the former case, and the Jury brought in their verdict Guifry—Deuth. Catherall is au old offender, and has long been known by the • • nick-name of " Captain 'Slash." His conduct during the trial evinced effrontery mingled with indi ff erence as to the probable result which may swill him. h e de r d are d• hhri to be ell perjurers. for " th ey hail not tss e doe his Claret right." All he wanted Was " hon our ." witnesses spinet (Before the Clit sr BAhow.) Jaws Olfbrd was indicted for stealing, on the 12d of June Ugh a music book, the properly of Mr. itaythofid, manager of the theatre in this town. Mt. Raymond deposed to the Ina of the Isdolt, whithentstainei the music qf the afterinece called The Bee Il4ve, on dirtier named in the indlctinent. The book produced is his property. 111 r. Gibson dimmed, that the prisoner tame to his she? Northampton, and offered the book foe sale ; bt suspectieg is td be stolen, he sent for a constable, and had him apprehended. The prisoner, in , his defence, said that he found the ttok under o coal shed , near the theatre, in the night of the day it was states to he lost. Three witneisea gave him an excellent character, sad the Jut*, withovt a moment's hesitation. acquitted him. THE ARMY. Detachments belonging to the 3d, 45th, '64th, and 14th regi menti of Infantry, marched yesterday morning from Westminster, for Chatham. A Detachment belonging to the Sth regiment of Foot marebed yesterday morning from Westminster, for Weedon. A detachment belonging to the 4th Light Dragoons, marched yesterday morning from Weatntinstei, foe the Cava/I.y Depot at Alai& one. Detachments belonging to the 2d, 6th, Nth, 411 t, and 44th regi ments o: Infantry, marched yeateiday nforaihg, from Westminster, for Canterbury. Detachments belonging to the fith and 21st regiments of Foot, embarked yesterday morning, on board a vessel in the ricer, for Scotland. A detachment of recruits arrived in win. on IVednesday, from Scotland, on wine to join their respective terps and depots. SPORTING INTELLIGENCE. HA 51PTDN RACES, THURIDAY, JULY 6. We do not rilette hoeing ever seen • greater assemblage of spectators in general, oil the gold cup day, than on the present oc casion; but we have witnesoed a fuller attendance of faahionablea, and a greater number of echipegcs. In this respect the rags year were superior, as the rhuvities at Oadands imparted to them unusual gtiety. The rack . to-day went off tolerably welt, and though they cannot be called fine ones, they gave general satis faction. We did not hear of any accidents, and the only annoy ances to be noticed were the dust and the excessive treat of the weather. A few pickpockets were detected id the course of the day, and put in durance. There were on the course, Lords E. Somerset, Lennox, W. Lennox; the Ladies Berkeley; Hon. Mr. Powlett, Edward Lee son ; taps. Locke, Berkeley, Jones, Seymour; J. tloglas, Esq., tie Burgh, Esq., Dreville, Esq., Irby, Esq., We subjoin a statement of the running:— The Clarence stakes of 10 sors. each, and 20 added from thd fund, 3 yrs. fist. 121 b. ; 4 yrs. fist. 51b. ; 6 yrs, fist. 10Ib.; 6 and aged, 9.t. 21b.; mares and geldings allowed 31b. iVinners this yeat. extra. Heats 2 miles. Mr. De Burgh's ch. f. by Phantom, 4 yrs . 1 I Mr. slockford's ch. c. by Velasquez, 4 yrs - 2 2 Mr. Cockburn'sgr. f. by Agnes, 5 yrs - 3 dis. First lit in--% chequer made all the running, followed by Agnes and the Phantom filly to the turn, when the - last-named two cis me up, and a sharp rsce ensued till within a little of home, particu larly between Phantom and Agnes; but the former let lame, and won cleverly. Even betting between Agnes and Velasquez, and 3 to I against Phantom filly. Second Heat—Velasquez took the lend end made severe running to the distance, when the Phantom filly, who had till then been close in his quarter, came up, made a good tang IP the finish, arid won by a length. In the hest round Agnes made a suet, threw her rider, snd was distanced. Betting 6to on of winner, who was rode by Dockeray ; Velasqeuz by Medford ; and Agnes by Brown. The Gold Cup, value 100 sots. Three miles. Lord W. Lennox's St. Lawrence - walked over. The Ladies' Plate of 10 sots. each, and 25 added from the Fund. Heats, two miles. Gentlemen riders. !'he winner to be sold for 150 sots. &c. 3 yrs, lOst. 41b. ; 4 yrs, I Ist. .11b. y re. llst. 111 b. ; 6 yrs and aged, I2st. Mares and geldings ellowcd 31b. Jockeys allowed to ride, carrying 41b. extra. Captain bocke's b. g. Little Driver, aged . 1 walked over Captain Berkeley's I . ny'symaengwyn, wet 2 Ji Lord W. Lennox's St. Lawrence, aged - 3 d • Betting, Little Driver agst. the field. We will venture to call this as pretty a heat as has been ran ae any country meeting this season. Vnyspusengwyn went off ri ttb: the lead, followed by the others at strong running to the turn. where Little Driver got up ; the race then became beautiful, and was finished in the moat sporting style in favour of Little Driver; who afterwards walked over for the second heat a rode by Dockeray, Ynysymaengwyn by Captain Berkeley, and St. Last rence by Lord W. Lennox. Betting, the winner apt. the field. Little Driver was claimed, but from some reason, which did not transpire, it went off, and he remains with the Captain. Sweepstakes of 10 soya. each, and It/added. Meats. Ur. A. Berkeley's, br. g.f/yrkAltrt:llll. ' . . I I Captain Locke's Magic, aged. gut. 21b. . . 2 2 Mr. T. Jones's b. 1. by Saur, S pa, fist. 131 b. . . 3 3 First heat.—Macdonald made all the running, at a rattling rate throughout, and won cleveriy. Magic against the field, btu little betting. Second heat.—Sam made first, but short running, for Macdonald soon came up, gave him the go-by, and won very easy. George Dockeray rude Magic, and young Farrel the other. It Is expected that there will be three races tomorrow (this day.) TATTERSALL'S—THURSDAY. JULY 8. The attention of the subscribers was directed principally to the July Stakes, in which some heavy engagements were entered into. Cricketer daily rises; he was backed heartily at 7 to 4, and befor the close of the room, a shade less would have been taken. The Duke of Grafton's two are at the outside, and few backers. and Sprite (Gen. Grosvenor's) lett off second favourite, at four to one only. The odds stand as follows : JULY STAR ES. 7 to 4 apt Cricketer (taken) 1 8 to 1 agst Amodis 4 to 1 apt Sprite I 8 to l apt Crotchet ST. LEGER. 1 apt Belzoni 22 to 1 apt Fanny 11 1 1 1 : I apt Bedlamite 25 to 1 apt The General to 1 apt Crusader 30 to 1 apt Barefoot 11 to 1 apt Pirate 135t0 1 apt Macadam 14 to 1 apt The Dragon 35 to 1 apt any other 20 to 1 apt Euxton INTELLIGENCE EXTRA. NEWMARKET FIRST OCTOBER MEETING-182z,', ]IIUYDAY• Match, 200 h. ft. T. I'. C. Coll Anitun's f. by Tramp. out of Pane, Hat. ilb. 'gat 31r. (hcville's I. by Moses, out of Favourite. Bat. 41b. JULY MEETING-19:'9. WEDNESDAY. The Product of Mr. Greville's Favourite, covered by Moses. against the Produce of Lord Anson's Ina, covered by /11orisco. July Stake weights. T. Y. C. 150 soya. 100 ft. YORK SPRING METING-MI Match, 200. Bst. each. T. Y. C. Mr. Ridadale's b. 1. by Tramp, out of Itemembnincer, agst Lord Keiburue's ch. f. by Viscount, out of licorgiuna. MEETINGS OF CREDITORS. LONDON LIST.--[Froin the London Gazette.] AT TIT COURT OP COMMIs3IONIRS Or BAXERUPTII. JIASINONALI. •TAUDT, ON MONDAY NNXT. Bowen, W. Barnstaple and Tiverton, silk-mercer, special at . I Burnett, W. 8. Neu London-street, merchant, policy liens timelier, S. H. and H. Hope Mills, Denbigh, spinners, o gr e , o f c o mp . Leufe, C. Wucemstreet, Worship-street, coal-merchant, special affairs I Leonard, R. Cheapside, warehouseman, sell elute. Read, J. Regent-street, linen.draper, special affairs COL NTRY LIST. Booth, R. Lancaster, worsted-ip. Commercial Inn, Rochdale, apt. a 4 lioustield. J. Manchester, merchant, at Star, Manch. choose bairn( V. Breariey, J. and J. Bulton-le-Mours, Iron-founders, at Swan, Bolton, machinery' Buckley, J. Manchester, dealer, at Mr. Hitchcock's, sell effects...... II Claughton, T. Flaydock Lodge, salt.manufactmer, at Red Lion, War. ringtoo, contract Felon, R. Swansea, banker, at Public Rooms, Swansea, proof (4(164 U Hammond. 1.1. Kirkby Wiake, tal.-ch., at Lion, Nurthollerton, li. dlr. 2 • Heron, Land T. Manchester, cabinet-mak., at Messrs. Duckworth% spl. eV W Jennings, T. Canterbury, builder, at Fleur-de-Bs, let catate . 11 • Jervis, C. Hinckley, banker, at Mr. Sculthurpe's, Hinckley, apt. at. II Johnson, P. Runcorn, inn-keeper, at Lion, Liverpool, lit exam Lax, E. Manchester, publican, at Star, 2d exam Puwell, It. Bristol, mason, at Messrs. Nerlfi'S, sell freehold ... • 12 . Straw and Bateman. M Blanchester, manufacturers, at Messrs. Duck • worth's, work stuck . I I BRITISH LEGHORN PLAIT.—The Messrs. Muir, a few days ago, received from their establishment in Orkney, tl.e finest specimen of this beautiful manufacture yet execut, 4 in th 'country, made up into a bonnet, to th e or d er o f h er :Highness the. Duchess of Clarence. Some idea rm.°, be; twined of the fl`reues# of the plait when we Mentior., that there are 66 et* its in the brim of the hat, which i. 22 inches diameter, -While the finest Leghorns that sre im - ported, in general do not exceed so. he texture and re gularity of the plait, and uniform colour of the straw, wo I imagine could hardly be exceeded, and the whole as molt excels the Leghorn, in general wear, as thne are superior to the first rude efforts to imitate them. There cannot be a doubt, from the rapid progress to perfection which it ex hibits, that the British Leghorn must, in a short time, not only supersede the foreign in this country, hut be exten sively exported, and become a most important ;0 the manufactures of the country. 18 10 80 10 10 my the eets !ted the itch guts iies, ders a to men lett, nits, this how this from as _ 1 ft n Thole the be ruck and the , ctly di- nce, cir inr I wait COP tl.e