The British Press; or, Morning Literary Advertiser. — London, England, 1822-08-21 00:00:00

GLOUCESTER ASSIZES. goon lifter4ve o'clock on Wednesday evening the wire, 'Sir lohn Bayley end Sir %I'm. airrOw, at ! lined Su this city, escorted with the custinnory •fos. 1 " 08 /Wei he min High Sheriff, S. J. W. lerc.ser We Nis Ent. and inimedietely pecticterltd to the k. s olinty ' Hall, where 'the Commission tees opened. 94 an following morning their Lordships attended shrine service at the Cathedral, where the Rev. Mr. 24easeN, the Sherirs Chaplain. delivered an excel lent sermon Irons Micah. vi. 8. " ihr bash skewed thee, 0 mom, what is good ; and idiot avillafle Lord require of thee, hot to do joitlj, mot to lore to.-y, and to walk humbly with shy God ?" On Perching the Shin Mill, Sir J. Bayley took hi seat all the Ain Print Coma, whil.t Sir W. 4;serew presided at the Crown 8.. r. When the 4.;nstsd Juries had been sworn in, his Lordship deli- ' vein) his Charge in the following term. : " My Lewd mid Gentlest'. of the Grand Jury—lt is • so -I...faelftfts to me to he able to cowerat dial* You. that with .hinrefew receptions the calendar which eoutolfts the r umm y. i aterk of the eases which wilt probably occupy your omen. I , ao. it neither more messossis than might be expected in so popsies's a toasty= this, nor, with some few enniptious, yenning offesees uf a very aggravated setae*. There are - . ....me one or two of the ewes epos, which I shall trouble you i Ititibibeery few ebesiestions. The Gila is that of George Brows. Whit Guesser IMs takes a Isigeiniiun upon the hotly of n child of the aim, of Gould, sad the Prisoner, who is of the see of 11111011 . yeses, I see is committed on • charge ..f isseder. I woo very such surprised to Sod a child of anti tender yeses charged wi b the commission of that . (nevas sad aggravated offence, but upon loathing into the depositions I think it out improbable that when you time to isolable into if. you may not find your amine inlaid on to Whig in • bill for murder. In speaking to gostlenne of yosr diatinetioa, It is impossible not to be mourn that which so well known to the greatest 'somber of run, you have so Are mad so ably discharged the duties sou ore sow called on to purism; it is impossible that there is - any this; sew that I .as say to you, or that cos carry in. otr.ietiors to you, on any subject on which you Ate sot spo rtier/. Murder has for its teen-client necessarily malice capers, or implied; if Shut he no malice aforethought, the kilns( does rot amount la the eye of the law to moider. Now the c ise that will be presented to you is of this nature —a hay of the age of twelve years being employed by a far mer to keep mows from the earn, was intrumed with a gun had a small go/unity of powder fur that purpose, and beteg wash soother bay. he pat some pebbles into his gun, as it should Ken. from some of the deposition, not with as is zebu.* to do any mischief 10 any body or any thing, but fruit , dftegeruna Colic which persona so engaged are too opt to indulge in; he west to • garde. where the deceased wait, together with some other children, mid desired to have some water ; one of the children said, we have so wafer in the house. and dharefore eacesed themselves from giving it ; epos which he put the gun through the hedge and discharged it, or it might go off by teeniest. The consequence was, the girt was shot he the head, sad the brains shortly afterwards .• , protruded from Ilse skull; mad if it should appear from soy pert ions declaration of resentment, malice, or ill will, to. ...rho the child, it might in inch a cue he murder, Weenie it Is St that I should aroclade this part of,my remarks by ids : t 'erring that there Is OM teadoniess of age that excuses from 'the comloission of murder. Malice supplies, as the law says, . the maturity of years, sad if the fact committed skews a koowledge of right and wrong, and a determination to com mit malicious ntiechief,• person not of adult ) ears may com mis that crime. There is a case lately come in, I believe ymtertlay, of manslaughter: it is a case of killing hi a box ing match, and Wherever life it lost under such circuit'. t....... stances, that is the oiresee of mismslaughter. 1 ''''d.S.sn,..!eiry awry to observe again an offence in your ca. . lender tweirieh I hare had occasion to draw your siltation mart than once. 1 refire to the case, No. 11, which vow will look at when you retire—a charge of atiodesneasor resent. iog as infant female child. Upon that subject I have • very painful reeollemios of what passed is the place from which cc have lad come on the circuit (Moonsisolb) only the day before yrsieidey. In that gaol there wits and still remains A roman chatgett with the capital ounce of rape upon an infant. My Learned Brother, with that extraordinary at .. 'tesition and anxiety which every body who knows him is aware he always exercise, on each a subject, before the bill MA4 peroxided, desired to seethe child. lie questioned her, and on cosmos subjects she answered in a manner so *hew that she had a eostpetrot degree of intellect for a person of k. her year' (about nine years old.) My Brother, not brio! iati‘ted With her mowers on the subject of her competency as a wittiest, desired I would see her. f did so, sod catered inku coaversetiou with her ow different subjects, sad at last hiked if she knew the mature of an oath, an which her mind was completely blink. Did she go to church !—No. Did she go to some place of worship?—Yea, sad had done so re wolatly. Upon which I said, after your minister has prayed fsr wane time you have beard him frequently repeat the Lofts Prayee?—She had so notion what it meant. I said. 7tiat have heard his say, 'Oar Father which art in Heaven?' —No, never. I impaired of the mother, and 1 (mind it was trite, that neither In public nor private had ibis child ever l been Marveled in or hosed the Lord's Prayer. This led me 4./ some further istialry ma the aubject,aad I learnt than that ' the mother was a witinber of a class of Dissenters, where 1 those who minister to them never by say accident pronounce the Lord's Prayer. I hope that the mentioning of Ibis may •sot ho without its use, became! am mot (and I hope I shall not be mistsederstood on skis subject) desiring that the in. fact isesehers of the conneemity should go to our church, •ur absent themselves from the places of worship that their ' parents choose to take them to, and I am sot desirous that the initator's should adopt that which we bear without LgtoliSestioo, delight, sod pleasure—our liturgy; .or am I dewing, which would be very improper in me, t h at they will, as part of their public woribip, give their congregations a ,• bleseings of bearing the Lord's Prayer prmsounced; but ` I hope and trust in Gua, that those who are to receive part of their moral sad religion-instruction from them, may, at least la private, be permitted to know some of those things with are iisential to the administration of justice here, for we cosset receive that child's evidence. She had not heard of the Lord's Power, the Creed, the Commandments, or any *dice matter that could lead to her b/ming any inch relish. osis impression as would justify her being received as a wit. mess on oak. The consequence is, that the party reinsias charged till the nets Assists, in •order that, in the mean tine. that &lid may be duly instructed iu the messes to snake her • compnesit winless, that there may not be a failure of justice. I confess shat it was quite new to me, that a was -quite eimprised to and there eas such a clam of Dissenters, sad 1 hope and trust, whilst the land is studded with schools for the information of the rising generative, that they may at least have some small porticos of their time devoted to their improvement I. those things which are so essential to the protection of their person., their honour. their lives, and every thing with which the administration of i,..saro is gosacersord. I hope Isliall be excused for 'twin 'hi:march by its mighty impotence. " I shall detain you sow very alsortly to state some alters -4 ' , tans in the eel:Mail law of the country of great importance. Loon former *cessios, as some of you know well, wive, a peyote was cooteleted of sock as olfeure as I have last alluded to, not amonating to a fussy kilt a high iniide wesineor, the Judge could pronounce &enforce of imprisuo immit for anytime, but it was cooly to keep the party in a mite of proeisate indolence till she sesteoce expired. The Judge could not order, nor the visiting Magistrates, oar any lowly test, dived. that the party should be confiaed to hard Nose. Thoak•God. awithiu • few weeks the law has W iley.* otherwissm—iodsiul -alibis • few days, for the Act of esrlismest received his Majesty's aseest on the sth of the 'present month, and it has come to my hinds, by the alien. nes of the Secretary *Mate, here. 'An assault to commit • rape, any attempt so thiminit feleary, any riot (not a riot * 644 6"wwile to kleef) , aeyaniodeeseessev, for having re z fitted stolen goods koociog then. to have Inn orrice; any oesaolt on a peso , officer, or as olleer of the Customs or Amite, or any other officer of she Reweave, in the due die .maige and execution of his duty, or any person acting in ;add sash officer, any assault committed in ,purenance of tr conspiraey ralee'lese rate of rages; being as utterer of conterkit mosey, tattering the same to be counterfeit; kaonintly aid deaignedly obtaining mosey. gouda, erases or merchrmilisee, bille, bonds or other securities for money, by false plirteacts; keeping a carnsacia gaming house, • com mas bawdy bonne, or a common sad disorderly biome; wilful sad corrupt perjary, or of soboreation of per. jury;" for all whorh, on the fins day of the present month of August, the Judge could only have imptisoued without hard labour; he may now order hard labour during the tenn of the impritionnleal. I believe you will hail this as a great and mighty improvement is the law of tke c o onvy. is There are some other provisions which I will state, to rsos* this stay be • good opportunity's, promulgate them to the (wows at large, as there are so many of you, Gentlemen, now awembkd. In the case of measlaughter, the Judges could only sentence to one year's iinprirosinsent. Some per. sans, in giving am account of what I have said (for I have takes the liberty of vacationing these laws at each of the circuit towns where I have addreawd the Jury), have made a little blood. r; they have made me say that enalicions n i an,laughter before was wily punishable by a year's impri onansent. 1 sever could have spokes so inconsistently; there is no each thing. blanslasaglitre, properly so called, was only subject to • year's imprisonment; now it Is trans portation for life, or to hard labour for fourtera yeses. It will be of great inspuetauce that that shall be kaowis. There was • case of infinite eaciensity which the law could aot reach till this Act passed—persons keeping belaiod, out of view, . . sod advisiug children he rob their entployers—tbes could sot be got at ; but persons sow advising c►ildren to rob their employers way be transported fur fuurieen years, or kept to bard labour fur three years, thosgh the principal felon *ball sot have been apprehended or discovered. 1 thought it might he tearful, as easy of you are acting Magistrates, sod there Is a great part of the estuary now awiensbled " Gentlemen of the City of Gloucester and Comity of the name City, the observations which 1 have stride to the Gen• *lenses of t►e Grand Jury of the Comity, will apply equally to your ease, 1 congratulate you that yule have but one carte, I believe, to be brought before you, and 1 will rot detain you from the exercise of your duties." The calendar for the county contained the names of 36 prisoner., whose cues were gone through by four o'clock on Saturday afternoon. The follow ing received sentence of death : Samuel Barrett, for stealing three gelding'', the property of Mr. Richard Hooper, of the perish of Si. George; Moses Sweet, fur breakilig into the dwelliag-large of Janes Ball, of Olverton, sad stealing *heating • quantity of wearing op pare! sod other articles; Juba Lloyd, fur breaking into the dwelling horse of G. Phillips, of Stoke Gifford, and stealing Overcoat s psi, of sheets, sod other articles; W. Gordon alias George Long, fur borglariously breaking into the dwel ling house of E. Pickard, of Stroud, with intent to commit • felony thereto; and Edward Jones, fur breaking into the Muse of G. Marconi, of Tidealiaas. aid Mealtime therefrom a quantity of mosey in silver, and two gold riots. There was but little business to do in the Nisi Prins Court, the list containing only 14 causes. The following, which was tried on Friday, excited great interest, and hawing caused much conversation at Cheltenham, the Court was crowded at an early hour by fashionabler from that town, anxious to hear the proceedings. DEFAMATION. 11111 REV. JAMS STOVIN, D.D. AND st.sAxoa MI wing V. LADY IMUCISURiIIi. This case was appointed to be tried by a Special Jury. but only four of the gentlemen styes mowed thereon appeared ; four others were 6ned . Sl. each; the absence of the remaining sixteen being account ed for e they were excused, and Mr. Puller prayed as tales. Mr. Caoss opened the pleadings, and Mr. PUL LER, in laying the case before the jury, stated, that considering who the Plaintiffs and Defendant were, and the place from whence the case came, he was not surprised that it had excited considerable inte. rest. There was no one, he observed, slot even Lady Shockbergh herself, who appeared before them this day with greater regret than Dr. Siovin and his wife; and glad would they have been if by any possibility they could have avoided coming into a Court of Justice in order to vindicate their charac ter. The jury must all be aware how valuable life was with, and how utterly valueless it was without, character, and he thought before he had proceeded far in stating the circumstances of this case, they would be of opinion that if this recourse had not been had, Dr. Siovin and those nearly and dearly connected with him must have passed the remainder of their lives under the imputation of • crime that would banish them from society ; and, though happy in the other blessings of life, those would have been worth nothing when the family were stripped of their character. Juries were generally assembled in such cases to consider what damages some individual had sustained by another imputing to him want of skill in his profession, but they seldom were called on in cases ►tripped of all those circumstances, and where the injury the Plaintiff had to complain of was simply and purelyof this kind, where the Defendant could do the Plaintiff no harm in any of the ad. vantages of life he possessed, except by rendering all those advantages wholly barren and ustless to him with the imputation that revs on his family from the charges thus made. He meat be a man of extraordinary philosophy of d who would be content to go about (.is Doctor Siorin was obliged to do on account of ill-health) into places where such • report would be particu larly likely to injure him. He was a gentleman in possession of a large fortune, and Recto► of Ros •ington, in the county of York, and hail been a Magistrate of that county for many years, but from being subject to the gout he was obliged to be very often at Bath and other watering places. Mr. Pul ler then detailed the circumstances which gave rise to the slander charged against Lady Shuckburgh, as detailed in the evidence of Mrs. Marshall; and that with respect to site assertion, that Mrs. Hunt had refused to dine with Captain and Mrs. Ingle field, because she would not meet the Swell's, the Learned Counsel observed, that Captain WO held, understanding that such assertion had bern made by the Defendant, called upon Mrs. Hunt upon the subject; that Mrs. Hunt, at the request of Captain Inglefirld, waited upon the Defeniant, and mended her authority fur the assertion ; that the Defendant at first denied having used such lau guege, but being reminded by a gentleman pre►ear that she had stated the same fact to Into, the De fendant then said that she must have heard it Irons somebody else. To rebut this the Learned Coun sel stated that he should call Mrs. Hunt. also wee then in attendance. and who would prove, tbat so far from having ever given grounds for such men',ehe had newer been invited either by Captain or Mrs. Inglefield to meet the Sunnis. M r. itsuller then enumerated other instunces of the circulativ;ii of the slander by the Defendaut. and concloded.a very eloquent address by Aiding that the Platutifts had denied on oath the imputation against them. by affidavits made with a view to an application to the Court of King's Bench for a criminal information, and he ca!!ed upon the Jury to give suoh damages as would mark the sentc they entertsinea of so serious au iusputatiou cau on the characters of his clients. Mrs. Eliza Lucas Marshall, the lady of the Mat ter of the Ceremonies at Cheltenham, was examined by Mr. Cartrinl.t,, and stater' that in the month of January last, Dr. and Mrs. Stovin, and their three daughters, came to Cheltenham, and introduced themselves to her by making use of the name of ki family to whom she was under obligations for many civilities, and she called upon the ladies in conse quence. The witness anti Mrs. Storin. •nd two of the Misses Stovin, were present at a ball given by the Master of the Ceremonies at Cheltenham, on the 41st of January last. At the conclusion of she ball the Misses Stovin went home, and Mrs. Stovin came up to the witness, taking her arm till the servant returned ; they walked up and down the room several times, and then going into the card room. Mrs. S. took her leave. The witness imme diately took • vacant chair at the 100 table. Lady Shuckhurgh. Mrs. D' Arcy, Mrs. Curwen, Mrs. Macleod, and Captain Nicholson were at the table. Leily Shtickburgis said, " Pray, Mrs. Marshall, who was t'ie Lady that was walking with you in the scarlet tippet ?" I replied; 6 6 A Mrs. Stovin." She immediately exclaimed, " Good God ! what brings her here ?"—" I believe for the benefit of her daughters health." Lady S. replied, "I am sato iiiilied at her assurance its coming here so near the neighbonrho..ii of Bath." The witness replied that it was the wife of a Dr. Stovin, of Yorkshire, con ceiving Lady S. must have mistaken the lady. Lady S. said, " I know very well .oleo she is. Dill you never hear of her shocking infamous conduct at Bath ?" Upon which the witness immediately rose from the table, considering that an improper place for any explanation of such a delicate nature. The next day she waited on Lady S. at her house in Berkeley-place, and was introduced into the draw ing-room ; one of her Ladyship's daughters was there, who was in a very delicate state of health, and was reclining on a couch. Mr. Curwen was in the room. Witness said, " Upon my introduction 1 apologised to her Ladyship for calling upon her at such an early hour, hut that I was iuduced to do so in consequence of the words that she had used at the card table the night before." Upon whichshe imuse dietely said, " Mrs. Marshall, did you never hear of the anonymous letters which were written at Bath seven years ago r' 1 stated that I could not then be there, for 1 was on the Continent ; upon which Lady Shuck burgh said, "Mrs. Marshall, this family have written anonymous letters of an infamous na ture, destroying the character of two ladies, the Miss Amysits, particular friends of Mine ; these letters were dropped in the ball-room at Bath, one of which was picked up by a gentleman, and after reading it he presented it to one of the Miss Stavin,. saying, 6 We are now at no loss for the author of these letters'." Lady S. further said, "that the minter was very generally known in Bsth, •nd to I in Chel tenham: amongst the number, Mrs. Hunt and Col. Burke ; that Mrs. Hunt had refused to dine with Captain and Mrs. Inglefield, because she would not meet the Storing, and that they were very dangerous characters." The witness then observed to Lady Shuckhurgh. that site extremely regretted that her Ladyship had taken such so extremely public man tier of alluding to it, for had she called her aside and mentioned it in confidence, she would have felt bound is honour not to have repeated it, and would have gradually declined the acquaintance with the Stories, without any communication on the subject, as tiny were strangers to her; upon which her Ladyship replied, that she was one of those that never destroyed or killed character in the dark ; what she had said she was neither ashamed nor afraid to avow ; that she wished it to be known; upon which the witness made a remark, that she thought it a pity that Capt. and Mrs. Ingle field, such highly respectable people, who seemed so intimately acquainted with the family, should not be made acquainted with the circumstance; upon which her Ladyship replied, that I was per fectly at liberty to repeat it to whom sod to as many as I pleased.' I wished her Ladyship good mora ine and withdrew." Mr. Jervis cross-examiurd this witness, but no- thing was extracted from her inconsistent with her examination in chief; and Mr. Marshall being called as the second witness— Mr. Justice Bayley—Will this inquiry do ray good to either party! Mr. Jervis-1 thisilt sot, my toed. Mr. Justice Bayley—Caanot you twine it betimes you the words are proved. Mr. Jervis—Y. it, my Lord. Mr. Justice Bayley—And there had been a suspicion ' Mr. Jervis.-There, then, the justilicatiois is proved to • certain extent. Mr. Justice Bayley—The justification is bad in law, I think. Mr. Jervis—Pioi worse t►an any costal in the declaration. Mr. Justice nayley—That is all matter alai,. Mr. Jervis—For t►e words admitted to have bees spoken by Lady Shurkburgh on t►e record, she is perfectly ready to apologise. Mr. Justice Bayley—l think she would be wise not to ►imit Ives. apology. Mr.Jeevis—She is • Lady of very high rank and great re. spettabillty, and it cannot be admitted that slue is guilty to the full ewes, rharmd. Mr. Joistite Bayley—lf I have said so I am sorry fur it. Mr.Jervis—She is sorry In have gives offence to these parties; and if it rasi afford satisfaction to Ilse minds of Dr. Niuvia sod his respectable family (for such 1 must admit Ibis are), what they have sworn 1 wilt admit to be true. I will go further; I am speaking my sentiments, and, 1 be lieve I sal Skeiloarlied to speak the orealinsents of my cheat ; I rave no doubt she believes those affidavits to be true, and I thook with that sad an apology far the words she admits having spoken, the Plaintiff ought SO be satisfied. Mr. Justice Bayley-1 think there must be • verdict against you. Mr. Jerviss—Thew that must he taken with all its cease gisencis iii poist of law, sail I apprehend they will nut get much by that verdict. Mr. Justice Bayley--Peihaps the Plaintiffs were driven to the city of briagiag Ka action in order to challenge Mr. Sergeant Peske—l feel authorised by my brief, and what I ham man else•lsere, ar say, that Lady filoackburith issly spoke of aropicione ; mid her ladyship has come here raemlg to ostotrotr to those armpit ious that she entertains. Mr. Joiner* Bayley-1 think this inquiry will satisfy per ms. obese woe So immolation for Me suspicion. . _ • Mr. Pellier--Ifaay Learned Frierd says that oa her Lady ahip's part, 1 will be swiveled. Mr. Jervis—That is leo moth . • th ere were sock mispi citing, and they etimismed its the vial of Lady Shark burgh up to theeiate that she spree these words. It mends as a fad on the statement of rap Learned Friend, sad that most be take* as strop' as if proved (which it is mot Ea this ease), that Dr./Movie and his wife cleared themselves by their allkliwits. Whether that feet was knows to Lady S. at she time of them words, 1 do sot know. 4r. Justice Baileys-1 think Lady Shockburgh may say, with propriety, at the time 1 believed the words well founded; •ulsorrilleat faels . !owe kd sae to "'Him there was so fon,- dation. If you Incas this, *kWh I think it comes to, that St the time you spoke the word' you brio:sea every thing yo,p stated to be true, but that you are now satisfied, from sober qaent invessigatioa, Hist theie was 13u foundation for the charge, that will du. . Mr. Poller—Dr.Stnii• dOeo 'not come here willingly. Mr Campbell—And with fess titian your Lordship has pro posed we easoot he Nii haled. Mr. Jervis—Lady Shuck hiirgh is, here for the purpose of a personal communication with me t , if necessary. Mr. Justice Bayley suggested the propriety of Mr. Jervis seeing Lady Sliockbargh, wad he withdrew areordiagly fur the purpose. Upon his return the Learned Gentleman said —" My Lord, I have waited on Lady Shorkborgh, and read to her Ladyship part of the affidavit df Or. sad Mrs which I will wow read Is your Lordship" [The passage was read by Mr. Jervis, denying all eurnexion with the authorship or circulation of the anonymous letters at Bath.) "I further informed her Ladyship, that this was not a volun tary affidavit. but an affidavit wade with a 'view Of moving the Court of Kiap's Bench for a criminal intoritiatiou. Her Ladyship then authorised me to state *hat I mkt sow about to read to your Lordship, and which she *rote, because I knew it would be desirable that it should be her voluntary statement, and one that would nut rest us the frail memory of any individual; sod therefore, my Lord, in her presence, and in the presence of her respectable Solicitor, I wrote these wordrs— " Mr. Jervis having read to me that part of the affidavit of Dr. and Mrs. Slovin, in which each of them have deposed that they, or either of then*, were nut nor was, directly or indirectly, concerned inter privy to the writing or circulating the said anonymous letters therein referred to, and that they or either of theist had not at the time, when the inve►tigation therein mentioned took place, nor have they or either of them at ibis present time, the 'lightest knowledge tither of the authors or distributors of t►e said letters. Idu hereby voluntarily declare, that 1 believe the said affidavit to be tine; that the said affidavit has completely removed from my mind the soapicioos which 1 entertained that the said Dr. or Mis.Blovin, or some of their family, had either wri t. lea or circulated the said letters; sod 1 declare myself sorry for having published those suspicions. (Signed) " C. C. SHUCKBURGH." Mr. Puller—l beg to thank your Lordship for pone kind interposition. Dr. Stuvin came here for redrew., as the only place open to him ; for lie was advised it would sot be pro per to apply for a criminal information. He came here to vindicate the fair fame of himself and his family, end in order to convince the world that damages were not the object, and bow little he regards pounds, 'hilltop, and pence, in the pre sent geestion, be consents to the intimation of your Lord ship, that a Juror should be withdrawu. M r.Jesiice Bayley—lt seems to me t►at the explicit sau cer in which Indy Shisekburgh has exprewied herself does her this greatest degree of credit ; and that Mr. Puller behaves moot properly, for he bee nsriowed what I had o►igisally proposed, namely, that be should take • verdict. He con sents to the apology, and I shall be extremely happy if this investigation of to-day shall remove every stepirios as far as relates to Dr. Stuvin's family; and as far as I may express myself of Lady Shuckhurgb, I am sure it will raise her very mooch in my estimation. I think I may say from the put Mrs. Marshall has taken, she dues not appear to me to have takes the part of a busy body on the subject; but *afore u safely that which never eau be kept secret gut wind. Mr. JERva—l agree in that sentiment. Mrs. Marshall has netted in a manner which dues hey great credit. The apology was accepted, and a juror was withdrawn. The Coantel for the Plaintiffs were Messrs. Pelke, Camp. bell, and Cross; Attorney, Mr. John Phillpotts. The Coon. set for the Defeadani, Mr. Jervis, Mr. Serjessit Peake, and Mr. Maul; Attorney, Mr. Maul, of Bath. At the late Hereford Assizes, John Brown, a young man of respectable connexions, was indicted for horse-stealing. The trial lusted six hours, sod excited considerable interest. The Prosecutor's Counsel stated. that the Prisoner, st the Hereford M■y Fai►, purchased a mar., the property of a Mr. Purchas, for tOl. and louder a pretence of alsowiug her to hos mistress, who was at an inn, not far distast, he got epos the Blare and rode off, without returning. A number of wit. acmes were produced on the part of the prosecution, who swore to the identity of the Prisoaer ; but this avid/see was iavalidated by the Prisoner's witnesses, who proved the Pro. aecutor bad mistaken the pawnor the Prisoaer ;lined that he was, at the time of committing the supposed &tome. in the parish of Coddingtow, a distasee of 19 miles from Hereford. After an easmivation of It out of 27 witnesses, which the Prisoner bad in Court, Mr. Baron Carlow stopped the Pri. 'este' Counsel from calling further testimony, and told them that he thought the Jury were satisfied, sod that be should sum up the evidence alsesdy given. Upon which the Jury observed, they had long made sp their minds as to t►e Prisoaer's innocence, and did not require hi■ Lordship to recapitulate the evidence. His Lordship the. addresser) the Prisoner, intimating t►at he was perfectly satisfied the prooseeutioa was without the smallest foundation; mud that he was greatly indebted to his Counsel fur their very able conduct in his defies*, which bad probably saved an innocent man from an ignomisious end. He hoped, t►erefore, that he should return into society with out the smallest blemish on his character from that day's iuquio y. The Jury imams' ly returned a verdict of—Nolguilify. Couusel for the prosecution, Messrs. Cross and Ryan; Al it/retro, Messrs. Harris ■ad Smith. of Hereford. For the Prisoner, Messrs. Ludlow and Russell; Attorasy, Mr. Reece, of Ledbury. THE FANCY. The lovers of thefuarp, we observe, are to have • treat this day, and every day seat week, at the Panileisoo.—Cooper, whose quiet and respectable demeanour here has (aimed him unsay friends, has gut she asaietsace of the "Ould oat," Rielemood, and the • Out and out Terser. The latter has are,, bees seen here, sod Gun, the celebrity of his fights with Randall and Marti., and his hsviug been the first to beat the invincible ficroggins, as he was then called, we have au doubt the amateurs will lure well tont.(liitlidesirgh Courant.) - - - -- - THE HARVEST. From all parts of the (Tailed Kingdom attonntio apes is dating the present ►arrest to be most abundant. The late broker and showery weather has done very little injory to the grain, which looks extremely well, and is muc► less laid than might ►ave beta expected. The wheat harvest is fast extending throughout this Neighbourhood. and in the course of aim wed', should the preemie fiat weather matinee, will be general. Mawy shearers have bees eagaged; the wages gives from I. J. to Is. Bd. per day. The partial rains dur ing she last fortosight have rendered the Mauna' of hay both Jacek ■nd exprusive ; said there is still a cunsithrable quantity of grass remaining uncut. The potato crop proves large in quautiey, and or quality excellent; and a greater alnondauce of fruit has a been knuou.—(Carlisle Janine& On Monday lest new oats were said in Corkersoneth mar. ken at Is. 64. a bushel. They grew in a field beloogioc to Wilkinson, of Parsnoby, sad were cat on the 26th of last month. What is remarkable, the land ow which they grew was neither ploughed uor surto, but laid dimis for hay grass. Last year the same Geld was sown with oats, and produced an cacelleet crop; and though it sustained a great loss by the shake before it war cut, leaving a considerabte quantity on the ground that was shaken oat, yet it yielded at the talc of use Carlisle bushel to three shock.. This aid denial crop was nut so good as that of the year preceding, but it is accuiniled a fair average protbsee.—Query—Whew land is laid dowsiA for hay grain, and not subject to pay hay tithe, should corn accidentally grow span instils laud, is it liable to be tithed? la the present instance, in order to pre vent any dispute, Is. 6d. was °freed fur inch tithe shock, which was refused by the ele►gymam, and he drew the bill lithe. A similar cane occurred some years ago, sod the late Rector stern/ to divisk the tithe shriek with the OWLer Of the corn.—(Frost a Correspondent of Ma Carlisle Justrftal) NAVAL INPHLLIGEkCke postsmotersi, Luau's 19. Palish! by the Tula, While, how Cada'. Sailed the Coacord, Ray, fur Lawton. FALMOUTR, •VOINT le. S•iled if;fr. prince Eror.t racket fur Amrrica ; And Fairy gores, Coggin, for London. bur, audurr 19. Arrived 451 sight after port, and failed foe the River. the Ameity, Yarrow, 44 day. from Quebec; and un4erwued, Rem !moron front Deinerari. , Came dows from the lUvrr and wiled the Augerstrie, Thomproo, Tor ftladeira act Vast Di•mmli Lead. Half:part six o'clock.—puisr dowse from the Rice►, sod frill 1011 tentrethately, the York, Talbot, for Madre.. NVIVIIA VC.. •UGUIIT 17. Arrived the Swio. Snell, from Dieppe; ibis yew', in at tempting Dieppe Harbour ow the ISih inseam, hvring h.en compelled to raw for it from bid weather, being us s shore, a sea struck her, and forced her viuleaily ppm* the East Pier Head, by which she has sas'ained rousidershie damage, aad mast be thoroughly repaired before she can proceed again to aci. iroNAsrmak OF GRAND ST. BERNARD. MitAct FROM 1 STATEMENT MABR BY PRO• FESIOR PICTET TO THE IMMO OF THE MRL• ♦RTIC SOCIETY OP NATURAL SCIIINCRS, lELO AT BALE IN MI. The generous care which the Moak' of the 400 . 4,44 of St. Bernard take of (aortic/is in distress, and their eagerness so preserve them from danger, eves at the risk of their men lima s is known and admired by all Europe. Bet what rea ders their pious devotion still more admirable, is the damp" to which their constitutions are exposed, Rom the anlitsaltky situation ul the building they inhabit. At she end of a few years they are afflicted with acute and incurable rheumatism. and obliged to return to the plains, where, though still young, they drag oa a miserable and painful existence. The Rev. Father Rustic Prior of the Commas. enaanni. anted to this Society, at ate Session of St. Gall, the cause of these pernicious effects. He attributes then, to the cold and damp temperature which reigns, at all seasons, in the interior of the Monastery, in eonseontnee of its coustrnetiois, and the rigour of the climate. This serious inconvenience is susceptible of being remedied, by • proper di ~, ibutioo of heat in the interior of the buildings. Bat the reads of the Establishmeat are barely solficierst to enable the Monks to subsist, and distribute, iis the course of the year, ham thirty to thirty-five thousand rations of food, to liras...Hess of every description. AProfessor of the Burden University of Daps,. week with thew consderatione, invited last year all philanthropists to come forward to the support of these worthy Monk., by • subscription', the amount of which should be employed to effect the desired improvements. We published that tttmita tin• is the Bibliofheque tharersitile, sod not without effect. We have received some contributions, which are, fur the pre sent, deposited at the house of Messrs. De Condone, Turret tini, and Co., beakers, at Geneva; but these sums are still inadequate to defray the necessary (spews fur heating she inhabited part of the vast edifice. When this first object shall be secomplished. there still will remain more to be done. Mr. Prevost, one of my sous. in-law, accompanied by his too, visited the Monastery ugly • fortnight ago, when they ascertained that the souther front of the edifice requires considerable repairs; without which, it is in great danger of falling to reit. This addl. tional necessary expense calls for an increase of efforts to meet it. It ban appeared to me that the mail prompt sad elfeeiese mode of obtaining this resell "meld be to give the greatest notoriety to the deplorable situation of these not treed men, by makiog it known to the whole of the Helvetic Su dety, and by soliciting its members to communicate It to their friends, sad to all the farads of heossaity. Mr. Prevost has ascertained, that Mews. Brothers Sfet krio, very skilful coostructors of eolorifires, will shortly repair to the Monastery, and prepare plaint sad desires ' • sod if, during this lime, tbe subscription opened Awed time, sake seMcient progress, the work will be imineediately eneseneeeed. Thaw porluell who may contribute to the proposed relief, are requested to transmit their subseriplioes to the dove. mentioned bankers. or to the Editors of the Bib:isthmus Ultirerssile. An account of their distribution will ho gives, sad a list of the Subscribers published. Subscriptions are received in Loedon by Megan. Wright and Co. bankers, Hearietta•street, C,oveist-prdes ; fi r. James Burwell, Grove, Kentish Tows ; Rev. Alessader Sterky, of the Swiss Church, 14, Junes-elves!, &idiot ham-sate ; Rev. Charles Scholl, 31, Window -termer, City road ; sod Mr. Prevost, 8, King's Arotyard, Colesso- Street. MAR. 'ET.S. PRICES OF TALLOW Tan Tallow 3g, 6,1 —s Od Yellow Russia 110. Oa —a 041 White ditto...—. Od —. ad Soap ditto.... 36. Od —2 Od Melting Shang 6.1 —. Od Ditto rough..lSs lid —6 04 SOAP, /se. per 111 Se Yellow Saar 74! Monied Hir Curd...... • • • • I t 4 * Graves 7a lit Good Dregs 7. us PRICE OP CANDLE , . Fru,. Tallow Chandlers HaR. Price of Candles, per doses, Os ttd—Mosofda t Ifs J. 641. per doses allowed fur ready tottery. H.R.—Tbe prima is the general Retail sops are hem 7j4. to Bd. per lb. PRICE OF STOC 9 per Ct. Red... 815 bl S per Ct. Cons. —waif 35 per Cent..... 9 , 4 1 4 per Cents. 9911 New 4 per Cents.. 991 Bank L. An. 41 11013-I6 A YESTERDAY. India Roods.. 67 69.61 i Ex. Bill., 4.....1,0014► 7 56 pr. Ditto Staastt...6 9 5 pr. Cots. kis Lc. .... COURSE OF EXCHAND Amsterdam, C.F. 17 7 Ditto at Sight... 11 4 Rotterdam....... 12 8 Antwerp 12 S asaborgh ..... 37 9 All nes ......... 37 10 Paris 3 day's date 25 SS Ditto .. 25 65 Boordeaux ...• • • 23 75 Frankfort nn the Maine......... 157 P ..... burgh, p. rbl. el 3 Us. Vienna 7 :7 Trieste Madrid Cadiz Gilboa . ...... 36g 'larcenies 30 Setilk .. 36 IL. TIUMIDAT, AVOW? 10'. 1 G Le ibta ti Ilot . .. 47i . Ge5i00...... ... 43 Venire ............. 11 10 blahs arieS• Palermo, pee c 0... 11/4 Lkboo SO; ()pock, I Rio Janeiro. 4 Bahia 541. PE Usilslie Curk 3111.1.1 um. Portopl Gold is f s. d. Coin, per us 0 0 0 Gold is 3 17 6 New Doubiewers.... U 0 New U 4 9 Silver in Nara ••••• 0 4 bIAkRIAGE. Sr.At Anted, Soho. August 17, ►7 the Rev. Thor. Rouen., Mr, Wm. Joharon, of Hackney, to Mos E F.. Jose., lilt- oi daughter of Mr. Jones, bookseller, Pateruurt. 1.4 u". DEATHS. Oa the 15Ib ionise,. in Herne...square, Dublin, in her P.lOl year. the Hoauurable Lady Staples. widow of ihr We fir Hubert Staples. Batt mister of the late Vi.eueut Lte Vt.eL. Lately, at Hydal, Wentatotelatitt, in cueaae.inener of r •J•mbee calellioS fire, 3. tam. wife of E.lernlll Lin.lArmt Esq. and (*coed daughter of Sir Egerton lirytges, Bert. - ----• HIGH WATER AT LONDON BRIDGE THIS DAT. Alecasui SS after 4. j Eviiiiug 49 ■fur 4. . . Printed and PuWiebed at THE BRITIIH FREOI mod THE GLOBE Offs*, N.. 117, Sirasd, CH*111.441 cultpiwEl.l., of ibe Stritati. i' .., , BPI P 4 $. All '