The Sun. — London, England, 1829-07-30 00:00:00

greatly favoured by the unwillingness of indi viduals to prosecute. In Ireland the country would have become one great shambles, had not the business of prosecution been at last con. signed to a public officer. it•lr. Doherty, Soli citor• General, on being examined with resFect to prosecutions, gives this evidence : " Have you given your attention, both as a lawyer, and as you undoubtedly have in your offi cial capacity, to the subject of criminal prosecutions in Ireland ?—Yes ; I have had some experience of them in boil) capacities. " Can you inform the Committee upon what principle cases are selected to be made the subject of prosecution at the public expense ?—I think that the Attorney-General, who directs the prosecu tions, invariably selects all cases where he conceives the public peace is affected ; and I think of late years he has directed a greater number of cases to be prosecuted than he did formerly. I believe, from the difficulty of having prosecutions carried on by individuals in Ireland, he has found the necessity of the Crown interposing; and he has directed a great number of prosecutions in cases where it appeared to him there was a probability of producing con victions; and where he thought, if the Crown had not interfered, there would not be any effective pro secution." _ . " Do you conceive that many of the cases, in the carrying on which you have given directions, or in which you have interfered, could have been prose cuted to conviction, had they been left to mere pri vate prosecution ?—I cannot conceive that any of them would have been effectual, if left to mere pri vate prosecution ; . . . . and the expense in some of the latest cases has been so great that no individual would have undertaken them ; I do not allude to any political cases. I have immediately before my recollection some cases of great outrage acrd murder committed, so far political as this, that in the south of Ireland it has grown out of the pe culiar system of resistance to the landlord, but that perhaps is to be traced to a very remote period.— . The practice I believe to be this :—the Crown Solicitor for the Circuit receives, prior to the Assizes, a return of all the informations sworn and lodged in the course of the half year ; they are laid before the Attorney-General, who reads them; and any cases which he thinks of magnitude or im portance, he directs to be prosecuted by the Crown; but it is without reference to the solicitation of any party interested." Matthew Barrington, Esq. Crown Solicitor for the Munster Circuit : " How long have you discharged the duties of that office ?—About fifteen years. " Has there been any alteration in the principle on which the cases are selected for Crown prosecu tions of late years ?—Originally they were merely cases of outrages of an insur►ectionary nature against the peace of the country, such as White Boy out rages; latterly they have been extended to homi cides, burglaries, rapes on married women, or by parties, and offences of that description, in filet, every serious felony." • • • • • • • • • " What has been the eff ec t o f t h e ex t ens i on • of the principle of prosecution to which you refer ?—I think it has tended very much to preserve the peace of the country, by having a certainty of prosecution in cases that would hitherto have gone without pro secution. . . bound to attend and consult with the Crown Soli citor, and assist in the detection of offences ?—Yes, I do. " Is it not impossible, at the present, that the Inspector of Police should attend at such assize town ?—Yes, the duty of Inspector of Police has nothing to do with the conduct of the business at the assizes; but if the head of the police was in each county attending upon the Crown Solicitor, it would facilitate the bringing to justice criminals in every county you go through more than at present. " Would it do so more than securing the persons of criminals ?—Yes. In what way ?—We are sometimes obliged to secure the persons of the prosecutors, and by bring ing forward the witnesses to the Crown Solicitor in every case that he required them. " Des that refer to the persons of the criminals or the persons to give evidence ?—The persons to give evidence. " If the Crown Solicitor had the means of com municating with the intelligent officer at the head of the police, might he not obtain a knowledge of cor roborative circumstances with much more facility than he now can ?—Most certainly. " Does the success of a case mainly depend upon the attainment of that information ?—Certainly. " Have you had any opportunity of judging of its advantage in the county of Tipperary, from your connection with any Police Magistrates ?—The police are more essentially useful in prosecutions ; they bring forward the witnesses with a facility highly becoming as far as they can; but if there was a person at the head of them to direct the whole of the county it would be better." All that is good in the English system is the publicity of the proceedings, which enables all present to judge whether the conviction is fair or unfair. This great advantage of publicity has done more good in England than the de fective part of the procedure in other respects has done harm. The English owe this great advantage to the Trial by Jury ; for publicity is inseparable from Jury bills; and there can be little doubt that Judges without Juries would never have thought of allowing publicity, which, indeed, all Judges, from the highest to the low est, dislike as a very inconvenient restraint. But the English with respect to Juries, are some thing like the savage who was cured of an illness by drinking water from a certain spring, and who, whenever he had a relapse, went to the same spring at the same hour, drank out of the same cup, and in the same position, being uncertain whether he owed the cure to the water, the time of day, the cup, or the p o siti on i n w hi c h lie drank the water. Though without Juries there would never have been publicity, yet publicity having once been established, it may exist as well without as with Juries. We have seen' that without a public prosecutor, crime would pass unpunished. One great good of a prosecution by the Crown is, that witnesses are protected by removal from the country. But, if without such protection, witnesses would not come forward, how are Juries to be protected when they find verdicts at variance with popular feeling ? On the subject of witnesses, let us hear Mr. Bar-. rington : " Do you know the numbe r o f w i tnesses f rom _ _ . . . . "Do you think that the principle might be carried the Munster Circuit that have been sent abroad ? further than it is at present ?—I think every out- I have no idea; but there has scarcely been a vesse rage, accompanied by force, should be prosecuted by which sailed from Limerick with passengers to Ame the Crown ; because otherwise in Ireland they go rice for some years in which a number of persons without prosecution There was the have not been sent out who could not remain in the case at Cork, of Charles Deane Oliver, Esq.; he was country. Mr. Voakes has discovered a very bad a Grand Jur or an d a M ag i strate, an d propr i etor of murder in Lim er i c k a b out t h ree wee k s ago; i t was the line of coaches from Cork to Limerick; lie was the murder of two keepers of goods distrained upon robbed; and at the last Summer Assizes he laid the a small farm. The witnesses are obliged to be re case before me, and I submitted it before the Coun- moved immediately on giving information; invariably sel for the Crown, and he thought it a case in which the moment a witness gives any information he is the Crown ought not to prosecute, as Mr. Oliver obliged to be taken under the protection of Govern could afford to do so himself; this gentleman said ment. There was a case tried in Limerick in the g the Crown oug ht to prosecute, an d wou l d not Year 1823 , for an atta c k u p on Sh ana olden Post employ Agent or Counsel ; and although the men office; thirteen men were in custody ; the chief wit offered, as I was informed, to plead guilty; and one ness was an approver; I had him in my care in the Crown Office, arid on th e d a y o f t h e tr i a l h e was of them was th e p erson , I b e li eve , w h o fi re d at Mr. Lowe, the Magistrate, they got off in consequence stolen out of the office, and murdered, and we gave his information i n ev id ence , an d the thirteen were of the case b e i ng i ncom pl ete; if t h e C rown h a d con ducted the pro secut i on , we s h ou ld h ave con fi rmed capitally convict e d un d er an A ct o f P ar li ament, b y the evidence of Mr. Oliver. The Jury had some which you can give in evidence the information of doubt as to his identifying the prisoners, but there a witness, if he is murdered." was in the case plenty of circumstances that might Whatever provokes retaliation must be inju have been proved in corroboration ; the men, I un- rious in a country like Ireland. Sir John derstood, offered to plead guilty if their lives had Davies tells us that the Jurors who were pre been spared, which would have been the case pro- vailed on to convict in the North, in one or two bably, if the Crown prosecuted. cases, were murdered ; and Juries were intimi " Have you observed the effect produced upon dated. In Ireland a stipendiary system, after the country by cases of outrage remaining without vain attempts to do without it, has been found prosecution ?-1 he people are disinclined to prose cute; the great difficulty is to g e t w i tnesses . indispensable—Publi c P rosecutors h ave b een " But in the even t o f no prosecut i on taking place, fbund indispen sa bl e —L oca l C ourts h ave b een where there has been an outrage against private in- found indispensable. So much for our Judicial terests committed, what is the effect produced upon Institutions.—lbid. the country at large.—The case is generally an ac- Now that the evil attachi n a to Select Vestries quittal. b n " The question s u pp oses no prosecut i on at a ll ; nominated by th emse l ves , h as b een so f u ll y ex have you known cases in which serious disturbances posed, and the general sense of the inhabitants of have arisen on the part of the people themselves, parishes so situated has been so strongly and un who, though unwilling to prosecute, have endea- • • equivocally evinced, it is a pity that the whole voured to revenge the offence ?—lnvariably ; there matter is not at once taken up by Govern was a homicide commit te d i n L imer i c k, upon one o f the Riskyalla men, and in return there was another ment, as one general question, instead of homicide on one of the opposite party. leaving individuals in each parish, the trouble, " Then inasmuch as the non-prosecution of of- the hardship, and expense, of fighting each fences privat e ly l ea d s to t h ese resu l ts, d oes i t not battle inch by inch, as if they were altogether as tend to perpetuate outrage and increase disturbance much in the wrong, as experience and common in the country ?—Certainly ; I think the increase of sense prove them to be in the ri g ht. Of course the great distu r b ances an d mur d ers i n Li mer i c k , i n 821, was the want of p rosecu ti ons; t h ere were it , suits lawyers and Parliame n t ar y agents to pur -1 about thirty murders i n th a t county, antnot a single sue the matter in det a il, as every t hi ng t h at prosecution, or a single witn ess , or any mo d e o f d i s- brings fees must d o ; th at S t . P au l , Covent covering them. garden, should succeed and have its local Bill " Within what period of time did those murders this year, St. James's the next, Marylebone a inLimerick take place ?—I cannot recollect the time third, and so on till the whole metropolis has at this moment. been gone through ; and that, probably, at last " Was it in the course of one or two years ?-1 at an expence to them all equ a l t o th e paroc hi a l should think in th ree y ears; t h ere was a M a j or burdens .in one of them. But why, we ask, Hare murderid, and a Major Goring; most of them were bad murders. Ido not i nc l u d e t h e homicides need this course be pu r s ue d ? If t h e pr i nc i p l e —they are comm on i n a ll t h e count i es . be a right one (and w h o can now d ou b t i t ?) " What prosecutions took place, and what effect that the people should have a voice in did they produce ?—lt quieted the county ; and in choosing those who are to tax them, why all those murders there is only one where the mur- is not some general law passed at once "to derershavenot been prosecuted, and thoseprosecutions regulate the appointment of Select Vestries ? have been since M. Voakes has been appointed a Sti- Though we are sorry to appear to deviate from pcndiary Magistrate. a principle, and that one which we ourselves have Were you concerned in those cases ?—Yes. d a vocated, yet we are not prepared to say that "Do you conceive those cases could have been universal suffrage is essential in parochial, any prosecuted to conviction had they been left in the i more than in national representation. At least, bands of private i n di v id ua l s P—N o , not one o f t h em. I " Why do you think so?—There would have, we should be quite contented to see the former been either no prosecution or no preparation for the i in the hands of those who are likely to know and trial, and no opportunity of conferring with the care about it. If we are asked to chalk out a Law Officers of the Crown, and corroborating the i system for the parochial gov ernmen t o f L on d on informers; a l mos t a ll o f t h em were supporte d by I parishes, it should be something like this; that approvers, and they require confirmation. I a Select Vestry proportioned in number by the " Has not the timidity of individuals to come for- ulation and rental of e ac h p ar i s h, s h ou ld b e ward had something t o d o w i t h i t ?—Y es , t h ere was elected by theinhabitants rated at 401. or 50/. such a terror in the country; I d o not reco ll ect an instance of a private prosecutio n i n a ser i ous out- a-year and upwards. Th a t one -f our th o f t h ese rage, or except in a case arising out of th e f orger y should go out annually, an d no t b e re - e li g ibl e of a bond, or something that is personal; I have that year. That the office .of Overseers of the known of no prosecution for serious offences, unless Poor be abolished, and the whole parochial ex tile Crown took them up, or an ineffectual one, as penditure for church, poor, watching. cleansing, the case of Mr. Oliver, Ido not allude to common lighting, &c. be placed in th e h an d s o f th e Ves lareenie, such as pig-stealing, and s o f or th ; b ut I try includ e every f e l ony w i t h f orce. " so chosen, with liberty t o th em t o appo i nt a sufficient number of competentpersons under ster r Mr. Kemmis, Crown Solicitor for the Lein- ' to see to the d e t a il. That their ster Circuit, g i ves near l y t h e same ev id ence. He them states that h e h as b een prosecuting for these accounts be passed qu ar t er ly before Magis thirty years ; th a t pr i vate individuals are reluc- i testes, and then printed for the information taut: to prosecute ; that 4 , they will not go to the of the parish at large—a copy of such expellee in the first- place ;" and that they can- quarterly accounts being sent to each person's not protect witnesses as the CrOwn can. i house paying scot and lot. We do not k now " Do you conceive that the Police, as conn ecte d ' 1 that much more than this would be wanting. prosecutions of Ireland, might be 1 W e objected that, under such a with the public prose have heard it made more efficient if, in the place of the Inspector ', mode of election, and subsequent surveillance, of each province, there was one for e ac h Ci rcu i t , people of respectability would not be found to serve. If by persons of respectability are meant high, purse-proud, indolent, self-sufficient people, we should say that their absence would be no loss. We do not believe that the greatest names are those that have done the most good in the present Vestries. On the contrary, their names have often been held up as shields to abuses, in which, though they may not have actively par taken, their absence, their silence, their inacti vity, and habit of taking things upon trust, have given a mischievous sanction. The best and most useful persons for all the common duties of life are to be found in the middle classes. W e do not say that there are not excellent people in the other two ; but for many offices (and, among others, those we are alluding to), such persons are generally either too high or too low. Paro chial concerns want honest men of business— men who are not above entering into minute details, and who understand them when they do. We would make, therefore, the scale of eligi bility the same as that of the electors. Above all, we think that the system in parishes should be uniform ; and not, as now, the law which go verns one side of a street the reverse of that which regulates the other.—Morning Herald. There is a certain description of offences, we mean acts of violence and indelicacy towards females, towards which a strorz abhorrence is naturally felt in every gallant and manly breast. But in proportion as any subject is calculated to rouse the passions, in the same degree discretion is put off its guard, and the calm consideration which is given to other subjects is overlooked or entirely lost sight of. There is no duty more incumbent upon persons engaged in the admi nistration of justice, than to be incessantly on their guard against being influenced or run away with by their feelings. We do not say, for in stance, that Magistrates should not be men of humanity ; but that if either 'Magistrates, Jury men, or Judges suffer themselves to be swayed by resentment against the offence, there is an end of any thing like cool and temperate judg ment, or, we had almost said, the chance of ob taining justice at their hands. It is impossible to mix in the world and not to know that charges such as we allude to are more easily made and more difficult to repel than any others ; which two facts alone ought to be induce ments enough with all parties, but more especially with Magistrates, to use due caution in the first entertaining them. A case of this sort has occurred lately which strongly illus trates this position. A person, it seems, was committed for trial to the last Old Bailey Ses sions for an alleged capital offence of this na ture ; and, after lying some time in Newgate (no very desirable place, we should suppose, for an innocent man), no prosecutrix appears, and he is set at liberty. Upon this he applies to the Magistrates who committed him, for redress, who, very coolly, and perhaps unavoidably, tell hint that they can afford him none, but advise him to apply to an attorney. This, he tells them, he has already done ; but that the lawyer had told him that unless he was prepared to spend at least 1001. he could not even set about getting him redress ; which, after all, would be de pendent upon " the glorious uncertainty." Thus, there is a man, upon the oath of a common prostitute, doomed to misery, dis grace, and ruin, while those who, as the result turns out, must have lent a too credulous ear to the lying tale of a strumpet, wrap themselves up in their judicial indemnity, and refer him to a remedy which is in itself mere moonshine. But surely Magistrates, who have the power to bind over parties to prosecute, must, or ought to have, some power to compel the conditions of their own recognizance. It is monstrous to sup pose that this apparently solemn obligation con sists of a few words gal.bled over, which the party entering into the obligation can disregard at his or her will and pleasure ; and that people need only be hardy enough to swear any thing, in the first instance, either to succeed in extort ing money, or else consigning their victims to a fate more horrid than one can well imagine can await any innocent man where the law is Justly and discreetly executed. Surely the making a false charge is, or ought to be, as serious an of fence as that which the charge which it amounts to would be if true ; and the boasted perfection of our law must be a strange anomaly if the same fate and the same remedy does not await the false accuser as would follow the establish ment of the truth. In ages and in countries of less refinement, this, we know, was the rule; and might, we should think, be adopted, in its spirit at least, without any derogation to our boasted jurisprudence.—/bid. GREENWICH PETTY SESSIONS. EXTRAORDINARY CREDULITY. Yesterday the Bench of Magistrates for the county of Kent assembled in Petty Session, at the Grey hound Inn, Greenwich. RICHARD SMITH, Esq., was Chairman; and others of the local Magistrates attended. Towards the close of the business of the day, an inquiry took place, the details of which are, perhaps, so singular and extraordinary, that it is impossible to equal them. A young man named Joseph Thornton, of re spectable appearance, was charged with detaining a miniature fraudulently, the property of another young man, named Joseph Dale. The complainant, a very respectable youth, en tered at great length into a narrative of the hoax practised upon him by the defendant. He said that about a twelvemonth since he received a note written in a female hand, and signed E. 8., profess ing the most ardent sentiments of attachment to wards him. He was then intimate with the de fendant, to whom he mentioned the circumstance, aad the place named for a meeting. The defendant exclaimed, " God bless me, I know the family well; I'm going to tea with them, and I'll manage it." He confided in the defendant, wh o , f rom t i me to time, handed him letters from the , young lady, all expressive of an ardent attachment to him, but re gretting the utter impracticability of her meeting. He was fully possessed with the truth of the letters, and the defendant repeatedly took him to Dart mouth -terrace, Lewisham, and pointed out the house where the young lady lived, directing him to walk past, in order that she might " delight her eyes with his presence." He often sought an interview with her, but such was the strict surveillance of her parents, he never succeeded. Months passed away in this manner, during which the defendant gave him nearly one hundred letters. Of course, in return for this kindness, he was obliged to feed the defendant, and supplied him with clothes, money, &c. About April last the defendant said the young l a dy was anxious to receive his portrait, and handed him:her's, painted on ivory, and richly bound in a morocco case. The complainant had then somewhat sickened of making love by deputy to a girl whom he had never seen; but this revived his hopes, and he was some what shocked at learning from the defendant that the young lady was so distracted at his seeming ne glect, that she had swallowed laudanum, and nearly succeeded in suicide. In support of this he handed him the following documents : e a r s ty follow s : " April 2d, 1829. executed My dear Friend, — To your care I comm i t what I wish which I am p ossesse d of, " to Joseph Dale, of the parish of Gr eenw i c h, i u t h e I bh e o d p o e n y e o a you will see the ce purtoedp county of Kent, bequeath all my premises and cash, mount ing to 4,0001. To his brother, James Dale, the sum of 4001., which he will receive when he pleags, upon ap plying at Barclay's banking-house, Lombard -street. The last of my property, with the exception of what is men tioned in the enclosed, I leave to my mother, Mrs. Patrick Elliot. This I solemly conjure you to see clone as you value your future happiness. " Witness my hand, sign-d and sealed, " EMMA ELIZABETH RAINS." This was written on black-edged paper, and sealed with a black seal, directed to " Mr. Joseph Thornton (the defend int),Greenwich." The enclosure was as iollows: "I, to Joseph Thornton bequeath, on the death of my aunt, Mary Ann Bain=, the whole of my property in Kenning, in the county of Kent. Dated this 2(1 day of April, 1829. " E. E. BAINS." The narrator stated that the above was the de fendant's bonus for his interference. Fully im pressed with the idea that all was right, he renewed the correspondence, and was happy to learn that she was recovering from the attempt at suicide by poison. He admitted he became more enamoured every day of the young lady, as her portrait dis played a most fascinating and charming countenance, and he determined upon sending, as " his adored" requested, his portrait. The defendant recommended him to a celebrated miniature painter in Cheapside, and he repaired thither and had his likeness " miniatured" for five guineas. This he delivered to the defendant to give the young lady in return for her's, and very soon after received the following letter from the - defendant. It was written in a small hand, and was as follows : " My Dearly Beloved Boy, " How can I sufficiently express my gratitude to you for your kind present. Oh, my dear Joe, you cannot imagine what my emotions were on beholding your much loved miniature. Ten thousand kisses were imprinted on it ere I retired for the night. It is a very striking like ness; but the original, to my thinking, is better looking. He should have given you rather more of the smile, or else my dearest love was in one of his ill-humours, and would not look pleasing ; but joking aside, I really think he has done you justice. It is, it is, oh it is like my own dear Joey. (Signed) " E. E. BAINS." The auditory, as well as the Magistrates, burst into an immoderate fit of laughter during the read ing of the letter. Dale proceeded to read other letters from the young lady, breathing deep affection, love, and an anxiety to be united, but deferring a meeting upon divers pretexts—until at length he determined upon breaking off the matter unless she met him. The defendant agreed to let her know this determination, and said he went to Dartmouth-terrace for that pur pose, and her answer was, that she would meet " her Joe " at Astley's Theatre upon a certain night. Upon that evening himself, his friends, and the defendant, went to the pit of that theatre, and the defendant pointed out an elegantly dressed female in the dress circle as the young lady. He looked, he stared, and did all he could to attract her notice, but the young lady sheaved no appearance of recog nition, and seemed offended at his looking at her. The defendant accounted for this by saying the young lady had her family with her, and was afraid to recognise or notice her lover. (The auditory again burst in a peal of laughter.) He doubted not all was right, and numbers of letters passed as usual through the defendant, one of which contained a sort of will written upon parchment, as follows : " Let this be a sufficient certification that I, Emma Elizabeth Bains, of the parish of Greenwich, in the county of Kent, wrote this in sound mind and good judgment. " On the death of my father, Edward Alfred Bains, of Homerton, I was left in the possession of 4,000/. and sun dry legacies, which have frotn that time, May 14th, 1814, been and are at present in the tank of England. " The whole of which it is my intention and wish to transfer to Mr. Joseph Dale, of Greenwich, in the county of Kent, and that I do not wish to retract from this, let my signature be sufficient attestation, and likewise upon his signing this, it will invest him with sufficient power to act as he thinks proper with the money, which will be long to him and his heirs for ever. —So help me God. " Signed by me, this 20th day of July, 1829. E. E. BAINS. " Witnesses or Witness, Joseph Dale. " To the Governor and Directors of the Bank of England." The auditory again indulged in a burst of mirth. F The above was accompanied by the following letter : " To Mr. Hilton, Barrister, Temple. " Honoured Sir,—ln compliance with your request, Mr. Dale will bring this to your Chambers, which I hope will be sufficient without my attendance, as you were pleased to observe, that we might possibly be known or observed were we to come together. The sooner all is settled will be the best ; so if it can be done to day it will lie my wish. Mr. Dale will see me on his return. You can read this document and affidavit to him, and I think he will not disapprove of them. If you have any message please to scud it by him. " With sincere respect, (Signed) " EMMA BAINS." Dale continued.—He went to the Temple, and after snaking minute inquiries, could not make on t any Barrister who knew any thing of the matter of Miss Baines or her property. He returned to Greenwich very much disappointed, and again saw the defendant, who told him a lung story about the young lady wishing him to accept a gold watch and • seals, a cheque for 50!., and another miniature of herself, set in brilliants, which, lie said, were to be given to him on last Sunday. He told the de fendant, that by the advice of his friends, he was determined to seek the young lady personally. The defendant remonstrated, and said it would be very improper, as it was against her wish. He was, nevertheless, resolved, but yielded to the defend ant's persuasion to wait until Sunday. That day arrived, and he went towards Dartmouth -terrace, where he met the defendant, who said, ah, my boy, it's all right—here's another letter. I have got the things. They went to a public-house, and the defendant insisted upon being treated with a good dinner and grog before he produced the presents. While the defendant was dining he read the letter, which was addressed "To one, in whose power it is alone to make me happy." And when his attention was closely occupied reading the vows it contained, the defendant suddenly jumped out, of the window and ran away. He pursued, and over taking him, demanded the lady's present. The de fendant said he could not give it then, he must have some more ale. He shook him by the collar, and swore he would thresh him if he did not give up -the things. The defendant dropped upon his knees, and, producing a pincushion, an old snuff-box, and two copper seals, said these are the things. This so exasperated me, said Dale, that I knocked him down and asked for the real things. The defendant then said, don't beat me and I'll confess—its all a hoax, there is no such lady; I caret tell how I came to do it, or carry it on, but it is all a hoax from begin ning to end. I was so astonished, continued Dale, that I could not move, and thought it all a dream. I rolled him in the mud, and gave him into the charge of a constable for keeping my miniature. Dale narrated this extraordinary statement with great composure and good humour, frequently joining in the laugh it excited, and often declaring he did not know how he could have been duped so foolishly. The CHAIRMAN asked the defendant how he could have dared so wantonly to sport with the feelings of any man ? Defendant--I am sorry for it, Sir, I can't tell myself how I could have done it. It was very wrong I know. I will return the miniature, and make a public apology to Dale and his family, whose feelings I have so much hurt. (The miniature was here given to Dale.) The CHAIRMAN severely reprimanded Thornton for his unfeeling conduct. Pie saidjokes were com mon amongst young men, but they were generally harmless and without any intention to hurt the feel ings of each other. It was fortunate for the de fendant that Dale had not given him money for his pretended agency, because he then would have rendered himself liable to prosecution. 'The will was very near a forgery, and he was rather lucky in escaping being sent to Maidstone for trial. As it was he must be discharged. Thornton repeated his willingness to make a public apology and was then liberated. The extraordinary affair above detailed has pro duced amongst the inhabitants of Greenwich a de dree of more than ordinary excitement, and is likely again to become the subject of magisterial investi gation. The hoaxer, Thornton, is a very young man ; and after the investigation before the Magis trate on Tuesday, presented himself in the streets, as if well pleased with the manoeuvre by which he has humbugged a very decent young townsman. Some of the young men of Greenwich who felt incensed at the cruelty of the joke, overhauled Mr. Thornton in his evening's walk, and in addition to a beating, took the liberty of tossing him in a blanket, for which assault he is about to obtain redress in the common legal way. Inquiries have been made, and the deception practised upon young Dale has been fully developed. All the letters written by Dale in reply to those he received from his fair betrothed in miniature, have been found i.t Thornton's possession. The pOrtrait is supposed to be one he purchased at the sale of an artist's stock, at Greenwich, some few weeks since. It is one of a beautiful girl, with long ringlets of au burn hair, and upon inquiry at the house on Dart mouth-terrace, where he said the intended bride lived, no such person was ever known to have re sided there, and Thornton was only known there as a " cousin"—a " country cousin"—of the servant maid, who, upon the whole thing being explained to her, said she would have nothing to do with the willin not no more. in bringing this action is a most praiseworthy object , He has no wish to make a personal attack eithei upon Mr. Hillcoat or upon Mr. Roberts : he intends nothing personal against any individual, or against any body of indwiduals ; but his object is to vintlio cave the authority of the Legislature. As re gards the case before you, there will be no tints-don, I believe, as to Mr. Hil!coat holding both these offices, becati , e the books will be produced, and they win, -how that he has held them both concurrently.- - The only question between me and my Learned Friends on the other side, will, I apprehend, be • this,—" whether the office of treasurer is an office of profit ?" Evidence was then entered into at some length, which bore out the Learned Counsel's statements... The question turned chiefly upon the point, whether the office of treasurer was art office of profit whicht after a lengthened trial, the Jury decided that it wa's and found accordingly for the plaintiff, a verdict.. of 100/. NORFOLK CIRCUIT.—BUCKINGHAM, JtsLi 26'w : : . Yesterday the business of the Norfolk citcni 6 '. i commenced ; Mr. Baron GARROW and Mr. Justie o .. JAMES PARKE, the Judges of Assize,. arriving at !% this town in the evening, when the comm)l4ion W opened with the ancient arid accustomed honeurvose I ceremonies. This morning, after attending dilinc.,, I service, their Lordships proceeded to the despatch ' I of business, the Learned Baron presiding in the : Crown Court, and Mr. Justice Parke in the Civil' 4 In the former the calendar is extremely light, o wing' ' ll however, rather to the fact of the Quarter Sessions having recently delivered the gaol, than to the din+ P notion of crime, or the amelioration of the conditioo " ,1 ! of the labourin g pop u l a ti on o f th e county . I n the 4 1 LVIBi Prim, Court there are more than the average .; number of causes, of which the following octirpied the Court the whole of the day:— I The .family of the Dales are respectable; the father was the proprietor during his lifetime of the Deptford coaches, and his sons, George, James, and Joseph are pursuing the occupation of coachmen with much credit. Thornton was brought up to the busine's of a painter and glazier, and served his time in Nicholas lane, Lombard -street; he then sought the stage, and became an ardent aspirant in the histrioaic art, but never, like many otheis so infatuated, made any pro gress. His father forsook him at the time he com menced his infamous hoax, since which he has been clothed and fed by his unsuspecting victim, Dale. EAGER V. DYOTT, ALIAS THOMPSON. Mr. GUNNING opened the pleadings. The dela', ration stated that the defendant, on the 19th day 0 May, in this year, broke and entered the dwelling' house of the plaintiff, situate at Langley-marsh, tD this county, expelled him from the occupation ao enjoyment of it, and s e i ze d an d t oo k di vers good' and chattels, his property. Tie .Jury found for the defendant. LAW INTELLIGENCE. ROLLS COURT, JULY 29. HALL V. THE ATTORNEY-GENERAL. In this case a testator had devised certain real estates, for a period of 21 years, in trust for the be nefit of such of his poor relations as might appear to the trustees named in the will most deserving. The present suit was instituted by the next of kin, who was also heir-at-law, to set aside the be quest on the ground of its being a charitable bequest of real property, and void under the statute of mort main. THE MARKETS. COAL MAII RUlll'lOl-1 t op". -414 9(1. 130rdt.n tlelikan Main 27 6 Holywell„ - 26 0 Killingworth 27 6 Maim— 24 3 Ord's Itedhugh 24 0 Peiaw . 27 0 Shipcote. 24 6 Canfield ---.. 29 6 Tanfield 2S 0 Townley-- 26 9 Ws Inn The MASTER of the ROLLS was of opinion, that this was in the nature of a charitable bequest, and his decision must, therefore, be for the plaintiff. Monday next is fixed as the last day of his Ho nour's sittings. Co. 28 0 &Co. 29 6 27 3 :I Co. 25 :0. 26 0 --.. 25 6 26 0 t B—Ships COURT OF KING'S BENCH, JULY 29. HUNT AND ANOTHER V. MORTIMER AND OTHERSs This was an action by the assignees of Messrs. 'illiam and Thomas Gilbert, bankrupts, for money had and received by the defendants for the use of the plaintiffs. Mr. F. POLLOCK stated that the bank rupts, Messrs. Gilbert, had carried on the business of opticians and mathematical-instrument-makers in Leadenhall-street. The defendants were iron mongers in Bu-h-lane, Cannon-street, and the action was brought to recover a sum. of 2,9251., paid to them by the Messrs. Gilberts after the latter had committed acts of bankruptcy. The Jury found for the defendants. Walls Eud Bell any Walls End Hew iek Walls End Brown's Walls End Carr and Ditto Clarke and Ci Ditto Cramlington. Ditto Jidda —... Ships at market C ?UNTRY CUR ET.—July 29 Walls r:nd Newmarch. 28. 9(1. , Ditto Heaton. 29 Ditto Northumberland 27 " Ditto Perkins and C 0... 2 7 " Ditto Rid& 11's 29 Ditto Russell's 29 *" I)itto Walker 29 „ v Lambton's Primrose «, 28 Neshani Main. 27 Russell's 23 a Wall. End Hetton Y, Walls End Lyons--,.. 28 Walls End Stewart's 30 v Russell's Hetton's W.E. 30 3 Hartley 23 - siik , tone Field and Co. 27 n " Taofield Trader 29 Lainbton small Londonderry small—. 1 9 6 v Russell's small 18 sold, 48y,—Unsold, 39%' IN MARKETS DURING THE wf E 4' Wheat. I Barley, Per Quarter. Abingdon Andover Birmingham Bridport . Cirencester Faringdott Guildford . Hereford 1-lighworth Maidenhead —. Oakinghain Beading Sail hurt'. Southampton —.. Stroud Tewkesbury Uxbridge Wantage ~MP./ M 1.,. Warminster Windsorw. Oats. 1 i_,.,!...,... _ .. ASSIZE INTELLIGENCE. MIDLAND CIRCUIT.-NORTHAMPTON, JULY 28. The business of the Ass'zes for this county com menced this morning, at nine o'clock, the commis sion having been opened by the LORD CHIEF• BARON yesterday afternoon. John Webb and Henry Sharp were indicted for stealing a lamb from a close in the parish of Dud ford, in this county, the property of Richard Hewitt. The prisoners were acquitted. William Tapp was indicted for a burglary in the house of Mary Owen, and stealing therein a quantity of bacon, the property of John Clarke Roper, on the night of the Ist of May last. Verdict—" Guilty." Sentence of death recorded John Williams, alias Robert Mather, pleaded guilty to an indictment ‘vbich charged him with re turning from transportation before the expiration of his sentence. Sentence of death was recorded against him. OXFORD CIRCUIT.—ABINGDON, JULY 28. DELANE V. HILLCOAT. Mr. TAUNTON addressed the Jury. This, gen tlemen, is an action of considerable importance to the public. It is brought by Mr. Delane against Mr. Hillcoat for filling, at the same time, two situa tions which the legislature, for very salutary pur poses, has deemed inconsistent with each other, and declared that any person who holds such situations shall be subject to be sued for a penalty of 1001. These two situations which Mr. Hillcoat has filled, are the offices of trustee of a certain turnpike-road, and of treasurer of the same road. This road is called the Wokingham and Bracknell turnpike road, and is one of the roads, I believe, which go through Windsor Forest. Now the Act of Parlia ment which I have mentioned as enacting this pe nalty, is one of the last general statutes on the sub ject of turnpike-roads, having been passed in the third year of his present Majesty. Previous to 1822 a gentleman connected with the legal profes sion, to whose great respectability all who hear me and know him will, I am sure, bear ready testimony, —I mean Mr. Roberts, of Wokingham,—held the two situations of clerk to the trustees and treasurer of the roads. In 1822 there came an act, by which it was provided that no person should hold these two situations together. Now the treasurer, you know, keeps the money, and for that reason, and for that only, it is an office very much coveted. The clerk keeps the books, attends the meetings of trustees, gives them legal advice and directions, and therefore the legislature said that no one person should hold the two offices. Mr. Roberts had an affection for both those offices, and was disinclined to part with either ; but it was necessary that, at least in appearance, he should give up one, or subject him self to the penalty mentioned in the act. Well, to attain the object Mr. Roberts had in view, he resigned the office of treasurer, and Mr. Hillcoat was elected in his stead; But though Mr. Hillcoat was appointed treasurer, yet Mr. Roberts continued to act as trea surer just as before; the money was paid into the hands of Mr. Roberts as before; the disbursements were made by Mr. Roberts as before; and, with the exception of the change in the name, there was no difference in the execution of the office of treasurer before 1822 and after 1822. Before 1822 Mr. Ro berts was, in name and in effect, the treasurer. After 1822, he continued to be the treasurer in effect, though not in name. Now the Act of Parliament declares.that no trustee,—and Mr. Hillcoat is a trus tee, and an acting trustee too,—that no trustee of any turnpike-roads shall, from and after this Act shall be in force, enjoy any office or place of profit under any Act of Parliament, in execution of which he shall have been appointed, or shall act as trustee or commissioner, and so forth. The Act goes cos to say, that if any person, after being duly elected or ap pointed a trustee or commissioner of any turnpike road, shall, without having first duly res i gne d such office at some meeting of the trustees of the road for which he shall have been elected or appointed, hold any sach office or place, every trustee or commis sioner so offending shall for every such offence forfeit and pay the sum of 1001. to any person or persons who shall sue for the same, and shall, from and after the conviction of any such offence, be incapable of acting as trustee or commissioner of any turnpike roads. Such being the intention of the Legislature, it is to repress a practice which violates that inten tion, that this action is brought into Cou r t. A n d give me leav e t o say , t h at t h e object of the plaintiff i S. to S. 58 82 58 80 72 82 56 '7 5t '7O 5t 86 48 7 51 83 6t 84 62 80 65 84 56 76 66 84 58 '7B 54 '7B 66 80 65 87 48 8t 50 79 50 80 56 76 72 80 s. to 6. 32 38 29 36 32 36 32 30 33 36 36 4) 39 36 30 35 38 45 32 42 24 33 30 36 39 37 34 33 37 40 34 38 40 42 33 36 30 37 32 36 32 36 36 40 S. to S. 21 32 22 29 24 36 26 34 24 2t 26 38 24 33 20 30 36 40 28 34 22 30 18 32 24 34 24 35 28 32 22 32 30 38 23 31 22 SO 24 35 30 24 32 - 5- 6 - 5 1 - - - HULL MARKET.--July 28. the With the excepti o n o f F r id a y ni g h t an d Saturdar,",," weather in this neighbourhood h as b een uncommon ly since the date of our last circular, and having again a le% slender attendance of buyers, the market to-day has b°* - t very dull, and the trifling business transacting in Wh i e , l; i i , has been wholly confined to the best samples of Eng:., and foreign, on which a reduction of ls. to 2s, per q 0 , 11., ter has been submitted ; any parcels below this are gether neglected to-day. We have several vessels in fr ° b , Archangel with Oats, the quality of which is good, sveig og ing from 37 to 381 b. per b us h e l—th e y are gene rally e l or to bond—for these, or any other description, either free, under lock, we have no inqui r y, an d cons id er prices e ( . ) 10 minal. In Birl e y no thi ng d o i ng . B eans par ticipate 9 , the general dullness, and are in very limited reque 4 . late prices. A sampl e o f N ew R a p esee d was offering 261. per last, the quality fine. Linseed support i s , prices. The duty of 13s. Bd. was paid last week of 14,226 quarters of Wheat in this port, 4,033 quarters which was from ship. ;11, 631 1 ' Wheat, Old —s. —s. —s. Now Foreign —s. 60s. 655. ...... In bond... 00 , Oats, Poland —s. 20s. 245. Old —s • SR" • Small or Feed.... —s. 12s. 18 s . Foreign —s. 225. 210. Barley, Norf. & Suf —s 265. 28s. Linc. & Wold 280. go. Foreign • —s. 3 0 '• sgs Beans 31s. 365. 335. Foreign —s. 9is• 31°' Pease, Wh ito —s 3tis. 40s. Tares —s 348. Sis. Rapeseed, in bond none. Grey - Foreign Free, per last —l. DUMFRIES MARKETS.--July 22. o . 4' s. el. s. d. s.d. 0 9 Wheat, Imp. Bush 8 9 to 9 2 Butter, leoz. ............ 0 8 ,, t° 0 2 Barley 4 0 4 3 Eggs, dozen ............. 0 u 0 " Oats 29 32 Beef, per lb. Flour, 141 b. Oatmeal 2 4 2 6 Veal @ 3 0 9 Potatoes, cwt..... ..... .1 6 1 8 Quartern Loaf 0 8 a s y Ciormr.—The number of Cattle on the Sand s t 0" 0 f was 949. We seldom or ever remember to have seeoio market in so heartl e ss a con di t i on ; before any bn 0 os ti could be transacted, a f ar th er re d uc ti on o f 105. pet _..tet was submitted to, and at l eas t one -thi r d left the 0 1 " unsold. _.....% On the inst. at Stain. Hooper, Esq. of a daughter. On the 26th inst. at Lathum House, Lancashire' lady of the Hon. E. G. Stanley, M.P. of a sun, Wh° vived only till the next day. On the 17th inst. at Hillhousefield-house, near 0 1i11 ; burgh, the lady of Alexander Boyd, Esq. W. S., °` BIRTHS. Sr iford-hill, th of //' 0' 29th ' daugOnh ter. the 28th inst. at Ramsgate, the lady of J. ge ofio Wheatley, Esq. of a dauehter. On the 29th inst. at Lieut.-General Sir John lend's, St. James's Park, Mrs. H. Pester, of a-claugh"'. MARRIED. On the 28th inst. Wm. H enr y M e rl e , E s q. so Of .1 Jol,o street, Westminster, to Mary, the only daughter of Norman, Esq. of Iwood-house, Somerset. tale ° , On the 28th inst. at St. Pancras, Philip I" French, Esq. to Henrietta Dodson, youngest daugbte the late J. Dodson, Esq. of his Majesty's Custono...„ l ox On the 28th i ns t. a t B r i g h ton , t h e R ev . John il e cd, Minister of St. J o h n ' s , F u lh am , t o S us annah Ci uvir only child of the late Rev. W. Peat. On the 27th inst. the Rev. Wm. Parker Sibston, Leice s t e r s hi re , t o Eli za b e th, youngest danthtef ' _ of Joseph Erpe, Esq. of Twyct oss. i v L lke* On the 28th in s t. a t St e y n i ng , Su4sex, John "od Esq. of Crow N e st, Halif a x, to Frances Esthe r, l ' ec daughter of the Rev. J. Penfold. rtnhe ' r i On the 16th inst.• at Alorville, county of Salop, •-- s'f Throckmorton, Esq. of Buckland, Berke, nephew of 'I C. Throckmorton, Bart. to Miss Acton, on ly daughter the late Sir J. A c t on , B ar t. and sister o f Sir F. R. MO Bart. of Aldenham Park, Berks. . DIED. On the 29th inst. at his brother's house, Nevf Gr° Ye i l Mile-end, S. F. Smiles, Esq. of Broad-street, 114teli aged 43. On the 14th inst. Elizabeth, wife o f G. CitnynghOe' Esq. of Mount Kennedy, in Ireland. rfl On the 27th inst. at Brighton , J ohn Burrup, Esq. his 69th • year. At Funtington, Stez, on the 9th inst. aged 67, MO; m Douglas, wife of Slwlto Douglas , Esq. late Consul. Tangier. On the 2441 i inst. Mary, the beloved wife of Mr. Crowdy, of Leather-lane, Holborn. On the 26th inst. aged 72, M rs. Charity sh Ky, of AG nv wide ysh, Esq. late of the Royal lalids. Charles Gore Lefebvre, Esq. at Lau3ftl:Ltg e _,. d 82 ' MURDO YOUNG, AL PRINTEDD and PUBLISHED by Omcz, 112, RED , LONDON. .~ . Tee in 4 '1 , I 4 hi 4ri AO, d (111 Ca,t, 111