The Sun. — London, England, 1823-12-15 00:00:00

CiRCUIT CHELMSFORD, SATURDAY, DEC. 13. MURDFat OF MR. AIUMFORD. The Trial of John Punster, for the Murder of j.k.wtvl MumroltD, having been appointed to take place this morning, the Court was crowded at an early hour in every part; the gallery especially was filled with the fair sex, who seemed particu larly interested In the proceeding. Shortly before nine o'clock, the prisoner was brought from the gaol to tha Court.hoose in the usual caravan. Ile seemed very touch depree.ted in his feelings ; and since his commitment bed lost muds of that hardihood which he at first displayed. He has been attended by the Rev. Mr. Hutchinson, the chap luiti of the gaol, who has succeeded in awakening in his mind a proper sense of his situation : he now seems disposed to re. cove all those consolations which are only to be derived from religious exercises. On quitting the gaol he was heavily ironed on both legs, and moved with difficulty. He was dressed in a smockfrock,. under which he wore a red waistcoat, with a spotted handkerchief round his neck. At ,nine o'clock precisely, Mr. Justice PAUR e ntered the Court, and it was opened in the customary manlier. His Lordship immediately delivered the following observa tions :—" Before the prisoner.% put to the bar, I have one thing to Fay, which has given me great pain. I have observ©d that in the London papers of this morning the whole detail of the evidence in this unfortunate case, which is to come before me to -day, has been published. It is extremely painful that those who have to administer justice should thus be placed in a si teetion of the greatest restraint, to keep their minds unbiassed befereehey ; proceed to the discharge of their duty. I and the inoretettonislied at this, after what has been said on this sub ject:in a recent case ; and I can not but ex p ress my surprise that persons possessing the comm on feelin g s of °humanity Amnia thus take pains to increase the hazard of individnale who are to take their trials. lam awar e oath e f the eril which I Maur in what I am going to say ; but if such ape rse-is per sisted in, it must become the duty of Coroners to exclude all prriene from their courts but those necessary to give evidence and to assist their inquiries. No human being but the Coroner .httiOn right to take down the evidence; and this rule must in 'fitture be strictly adhered to. It is most painful to see the re petition of these occurrences." Mr.llAti., the Attorney for the pro s e cution, observed, that the examinations before the Magistrates hail been taken in private, and no persons but the witnesses were allowed to be present. ;Mr. Justice PAUX.—That was perfectly proper. It is really unpleasant to me to be obliged to make these allusions, but if such prictices are persisted in, they must he put a stop to by the Welter powers. ,lobs rallett was than put to the bar. He was assisted by the goeler to take his place on an elevated step. He held his -hold down, arid seemed to feel the awfultiese of his situation. The indictment was read by Mr. Kapp, junior. It charged the prisoner, in the ususl legal. terms, with having murdered. Air. ititumford with a certain stick, of the value of three-pence, with which he inflicted on his head divers mortal fracture. Mr. Kwaer.—John Pallett, are you guilty, or not guilty? Prisoner.--Not guilty. Mr. oseo Pi the Colleted for the prisoner, now addressed his -Lordship, and said h e had humbly to applyto have this trial deferred till the next Assizes. The prisoner at the bar had been only committed to the gaol of this town on the night of Thursday last, between II and 12 o'clock. The place from whence he heti been brought was 25 miles off, consequently it wee impossible fitr him to have had access to those persons whose testimony might be essential to his defence. lie had also to state, that even yesterday morning, within a few hours after the prisoner had been committed, the Lendon newspapers, containing the whole of' the evidence against the prisoner; were circulated in this town, and were open to the inspection of the Jury by whom he was to be tried; thus exposing him to all the constequences of the prejudice which such publications were calculated to excite under these circumstances. Mr. Justice reettice--I am clearly of opinion that there is no rowel for putting off this trial. There %nothing ue(enninon in this owe. Scarce an assize paperin which forty or fifty pereons -.are not.pot upon their trial for felonies, within a few hoard af ter their commitment. This person has hind every opportunity to prepare for his defence, and there is nothing in the eiremeo. stances of his case which can throw any difficulty in his way. ' in one of the foulest murders which was ever committed itis kingdom, the Murderer was apprehended on Monday, an ectited on the Monday following. There is nothing at all ex araordinary in such o proceeding. With regard to the %Impend prejudieta, in consequence of the publication of t b he s erved that evidence o pier/ before the trial , in this case, have not o tide evidence has been accompanied with any comment which wool certeinly have aggravated the offence. At a late trial at If ettford, before the words were out of my mouth, interdicting the publication of the aff idavit which was read in Court on that oce,asion, to ley astonishment, I found that that very affidavit had been published in The Time: newspaper of the mime morn intr. • This wag a high misdemeanour, and I hope it will not pass without the severest punishment. Speedy justice, in my, opinion, is one of the bes t p reventives of crime. (Ind f orbid, however, I should tiay this from any opinion I have formed, • from the detail of evidence which it has been my duty to read, both runt the Coroner and the Ningistratee, in this case. I MAE , the'obliervation generally, withont at therepting the retult of these proceeding& lam eatiefted is no, ground for putting all the trial ; let it, therefore, proceed. Mr. Buon mot then proceeded to give a simple narration of tito facts which be proposed to give in evidence, in order toes. tablieh the charge of wilful murder against the prisoner. The following witnemes were then called:-- \l'm. Dennel.—l ant hostler to the Coach anti 1101104 at Qaendon. I F ew the prisoner on th e afternoon of Monday, drinking, about four o'clock. The Saffron Walden coach stops there front London. I knew Mr. James Mumford. He was on the box ; Pallett was statiding t on third ill, d at the d d oor. A n ei n named Kititnan was with dm, ha been rinking there with the primmer. He had a donky.uld The coachman asked Mr. Mumford whether the luggage sho .or taken to his bourse? Mr. Altunford lives remain at h Widd e Cingtoach on ; Mr. Mumford said the luggage should at t and limes, and he would Bend for it, and he would get down at the turnpike. Mr. Mumford was a young roan. Patten and gidnittn then both started. Neither of them was on the donky. Th e y went towards the turnpike. Pallet lived at Widding tore I went with r hea; ach to the turnpike. I good trice; the pri mmer anti the othe ;ey were walking at a good but when the coach passed them, they ran on as ta'it as the coach about twenty rods. I lost sight of them about a quarter of a rill° front the turnpike. The Withlington road turns off be fore you get to the turnpike ; i it is called the Quendon-want• lane • the corner of the lane s about a mile and a hal f front Wiington. Cross-examined. —When I lest saw the prisoner and the other, they were together ; I can't say that they were drunk : the. primmer seemed - to go very well when I saw him. George. Say.—l an eon of the toll.gate-keepers of the (Pen ile:l Oitte. Mr. James Mumford gut, off, the Softie) NVehiell coach et the gate there was a memo but it was " glum" night. He borrowed a little elm walking stick of me. He w e nt down the lane towards Widdington. Soon after T saw Kitimat. He bad a donky, and west cowards Saffiem Walden. . There was nobody with him. Robert.Sutith—l am a publican at Poyner'g-hill.• On Mon , day I was obliged to go from kiriddington towards the turnpike road. 1 was on a rimy. It was balf.past tight o'clock. ft wag a h' glum" night. I saw.a body lying In the wed, :ttt t a bout Italia toile from Widdington. I dismounted, and it up, It was in the Middle of the road, on its back. It was rot dead. The person groaned. I set him up, and put him on the bank side. I went heels to Widdington'for asistance. Yel the alarm. I ordered a. horse and curt. Some s persons ti a weet to the place where I left the body. 1. went to Haydon, the cnstable. I went to the lune agam, and saw the body et a great distence front where I left it. The persons had got it and tit prisoner. Cross.examined.—The cart had not come then. The prisoner went 011 voluntarily, and made no resistance. There were hedge); on the sides of the lane. When I returned,. I went with the cart. The prisoner helped to put the body into the Wt. John Reid—l tun acarpenter et Widdington. Mr. James Muord livd with his father. The prisoner was a labourer in the mf service e of old Mr. M u mford. On Monday I went to the Vane wie's theother persons, in consequence of the alarm I took a candle anti lantern. Mr. Smith had described where we were to find the body ; we were all toggthcr; I put the candle. under my coat, as we thought there might be some one Asc. 1 heard somebody halloo " Hoy'.." and when we got w i t hin three or four rods from hitn, we heard him say, " Here's jalize-3 Mumford." It was rallett ; he had go t a bod y on his s h ou lder ; I. went and lifted up its heed, and said it was not he ; it was so disfigured, that although knew Mr. Mumfowas rd, I:did no t recognize him. The prisoner said and then e md he thought it was. No one could, by that have h kno t wn who it was. That was about :10 roda nearer to Widdington than Smith had described. We had put it into the cart before Ito came up; we took it to a public.lionee at 'Widdington, called the Fleu r-de-Lie •we put him into a chair by the tire in the parlour; he was dead. Mrs. Mumford was sent for. We examined the flap of his shirt, and found by that means who he was. His mother recognized him. Cross-examined.—l heard no groans when Ica= up to the body. The prisoner did not attempt to escape then. The two George Reids and Matthew Dellon went with us to"the lane. George Reid corroborated the testimony of the last witness. George Reid, the elder, deposed to the same effect. Matthew Dellon was present on the occasion, and gave the same account of the transaction. George Ifni ht.--I am the constable of Whittington. On Monday last I was desired to' take the prisoner into custody. He submitted at first, but afterwards became very violent. Ile knocked down the table and. glasses. I had assistance, and took him into custody. I tied his legs. as I was obliged to do, and searched him. in his right hand breeches pocket I found a knife. I knew Mr. Jas. Mumford. In his left hand pocket I found another knife. I knew it well, as I had seen it in the possession of Mr. James lilumford six weeks before. Of that knife found in his right hand pocket the blade is notched in two places. In the same pocket there were a comb and a canvass purse, with two shillings and fourpence in it. I sat up with the prisoner, and took off the shoes about one o'clock in the morning. I have got them here. They are high half-boots, and are thickly nailed. I delivered them in the morning to Mr. John Mumford, the brother. I received them at' eleven o'clock on the same day. I have got a short stick that I re ceived from Haydon and Townsend ; it is a hazel one; there is also a stump which tallies with the other stick ; I received it ,_from Mr. John Mumford. There is blood o n the first stick.— [The prisoner here appeared greatly affec ted, and leaned on 'the front of the bar, and was accommodated with a glass of water and a chair by order of the Court." Cross-examined.—l heard Mr. James Mumford remark this knife, and admire it very much. Prisoner, when we went to 'handcuff him, said he had done nothing to be so treated. John Haden.—:l live at Widdington. In conseque nce of an alarm, I went to the lane. I saw some blood at the side of a day-pit. About 40 rods lower I saw a stick and a pair of gloves. It was a little elm switch. It was about twelve at night. I went to the same place the next morning. There is a piece of turnips and some wheat also. I found a thick stick among the turnips : it was split at the thick end, and a great quantity of blood in the split ; I also found a hat, all bloody, and a coat. There was a knife, a comb, a spectacle case and spectacles, and two keys. It was about six rods from where I found the switch. Ily the Cour T.—Mr. J. Mtunford was a near sighted man. James Franklin.—l am a labourer at Widdington. I cut that stump in the turns-field. It appeared qui t e fresh whence a stick had been cut. I matched them. It--[the witness al luded to a stump of a hedge stake in the hedge of the above field, whence it was supposed the bludgeon had been cnt.]—it had been cut off with a knife. I don't think it had been cut off with that knife, es the edge appears smoother. John Mumford.—l am the brother of the deceased. On Tuesday 1 got a pair of shoes of the prisoner's, which I hold in my hand. I went to the spot where the murder had been coin nutted, and in thewheat-field I found foot-marks of some person ' who had been running. They led towards a place in the wheat wherea person had sat down. There was a mark by the place, as if a split stick had been stuck in. I tried it, anti that stick on the table fitted exactly. The footsteps then led to a turnip field, across that towards the Down-lane, which leads to the spot where the blood and body had been found. I fitted the high shoes in more than a hundred places, and they corresponded exactly. The shoes had made marks amongst the turnips. In two instances the toes of the shoes had cut the turnips. I had no doubt that the person who wore those shoes had made those marks. William Reid was with Inc. He pointed out the spot to me. This knife, found in the left-hand pocket of the pri soner, I have seen.—[The stick or bludgeon was here produced. The appearance was extremely disgusting ; it was rather more than two feet in length, cut from a 'hazel hedge.stake. The thick end was split, as if by the repetition of blows upon some bard substance, and also covered with blood. The knife was also produced.]—lt was a common knife, with a large blade, in which there were three jags before, but I cannot say that I know it to be my brother's. • There is a knife which I gave my bro ther, which was found with some other things in the field. The footsteps I traced were recent. Cross-examined by Mr. JEssor.—The half-boots produced are the sort usually worn by labouring men. Examined by Mr. Justice PARK. —My brother was a very near-sighted man. He was about three-and-twenty. I never saw hint wear spectacles. Wm. Read.—l went to the turnip-field on Tuesday morning last; I founds knife, a pair of spectacles, a pencil, a comb, and two keys, under a baulk (a small division in the land) ; I traced smile steps with Mr. John Minford, and saw the marks he described. I found a great coat and hat near the hedge, a short distance from the baulk. The footsteps lead to where I found the coat. I afterwards traced the steps through the turnips to the lane. The coat and hat were here produced. The coat was of dark brown cloth, and was covered with mud. The spectacles, pen cil-case, knife, &c., were also produced. The s p ectacles were in a red niorrocco case. There was bloodinside the hat, and a place was cut in the top. Mr. John Mumford re-called.—He looked at the knifepro deiced ; I know this knife, I gave the handle to my brother about six weeks before the murder; I have no doubt about it. My arother had a coat of the colour produced. I know nothing of 'le other articles. The coat was s hort ; my brother was a little man. Mr. George Muratori' was now brought into Court. He was very much affected, and cried almost incesaently; some time elapsed before he could h e a sked an y question~.—l live in London with Mr. Burbidge, No. 127, St. John's - street , Cleritenwell. I saw my brother on Monday morning last. (Looked at a knife produced.) I bad that knife in my pos. session on Monday. I returned it to my brother, who left me to go home at two o'clock. My father had a case with some spectables. The spectacles produced are the same; I put them on myself. Mr. George Eachus.—l am a surgeon at Saffron Walden. I saw the body of James Mumford on Tuesday last. I examined the head. I found a lacerated wound on the left jaw," seem ingly cut by the stick produced. To a common observers the wound looked as if it had been given by a knife. I examined the head, and removed a piece of the skull as large as my hard, which was broke. It comprised bo th the parietal bones. The right parietal bone was smashed. Excepting the frontal bone, i I may say the whole skull was fractured. No doubt the stick produced would have inflicted such an injury, if used by a powerful man. There was no doubt the injuries described oc casioned death. I think there was sufficient to have killed a thousand men. John Cock.—l am a weaver. In November last I saw the prisoner, and three others , at the Queen's-head, at Saffron Walden. It was on a Saturda, about this day three weeks. It eas the sessions day, the 22d of November. A neighbour and I went in together (a Mr. Bacon). The prisoner had some beer drinking. He said, " Curse you, Cock, will you drink ? Yommust mind and not get drunk : we have got to pay for getting drunk." I asked him who it was that male them pay for getting drunk. He said " Little .lem Mumford, a rascal ; if Ihad lam here, I'd smash him ; but I'll be cursed if I won't be his match." Cross-eicamined.—l did not know what the prisoner was there for. He was not in custody.. • Re-examined.—The prisoner said they had been to the Petty Sessions. I. understood that they had been brought there by - Jeni Mumford, for getting drunk. Susan Read.-1 am the wife of John Read ; I know the pri soner. I knew the deceased. About a fortnight or three weeks ago r beard the prisoner say, " I shouldn't mind hacking Jew Memford's whistle." I understood by tbat, that he would cut the deceased's throat. Mr. Thomas Hall.--I am clerk to the Magistrates at Saffron Weldon. I was present when the prisoner was brought up on the charge of murder. I took most of the depositions. 1 read them over to the prisoner. I asked him what he had to say; he said, " Nothing." I then produced the knife sworn to by Mr. George Mumford, and told him that it was found in his pocket; and he said, "that he found it in Baggot (meaning Baggot-fleld, in Widdington) about a fortnight ago." I was in Chchneford on Thursday evening. In consequence of a mes sege from the prisoner I went to Idm. He was then in a cart opposite the Saracen's Head. He bad been brought in diet cart from Widdingion. 1 had not seen him before from the time I left him at Widdington ; and the Magistrate (Mr. Ladden) had cautioned hiM as to the effect of any thing he might say. When I went to the cart, I made him no promise or threat. if he had not sent for me, I should not have gone to him. I asked hint whether lie wanted to speak to me ? lie said " Yes." lie spoke very low, so that I could scarce understand what he said. lie desired that I would get into the cart, which I did. Ile told me that Kidman had g iven him the knife with which he cut the stick. I then asked hint whether Kidman had any thing to do with the murder? and he said " No: I aloud did it." That is all, my Lord. Mr. Buormai ex.—That is the case, my Lord, for the pro secution. Mr. BitemEnrcx now said—My Lord, I understand there ix a person of the name of Kidman on the back of the bill. I did not intend to call him, but my learned friend wishes that he should be put in the box. Mr. Justice PAUK.—That is sufficient : let Kidiaan be. called. Thomas Kidman was then called, and was sworn; he is quite a youth. Mr. Jzssor proceeded to examine him—l was at the Coach and Horses at Quendon on Monday night last : I had been there four hours selling oysters. There was another man there ; we had been drinking; we drank 10 or 12 pints. The prisoner left the house with rite a little after eight. It was not light enough to see a person unless close to him. The prisoner and I went towards the toll-gate. We ran after the donky. Before we parted, we met James Mumford. I thought it was Mr. Pallett, and I ran after him and said, " Mr. Pallet ;" and he said, "It is not Pallet." I said, "It -is Jem Mumford." The prisoner after this asked me to lend him a knife. I told him, after I gave him the knife, that it was Jem Mumford that was re down the lane. I slid not tell prisoner to cut a gibbet; did not give me back my knife, and we parted. I saw no more of him. Mr. James Mumford had gone on: his `way. The prisoner was not quite sober. ( T h e kn i fe was pia duced.) That is my knife. (It was found in the prisoner's breeches pocket. Mr. Justice PAnx now addressed the prisoner, and asked him if he wished to say thing for himself? Prisoner.—No, my Lord ; leave it to my Counsel. 11r. JEssop said he had no witnesses to call. - Mr. Justice PARK then proceeded to charge the Jury. He commenced by observing, that when making an inquisition for blood, it was their duty to give all the circumstances of the case the most minute attention. They should not suffer passion or prejudice, or any other feeling, to operate upon their minds. All they had to do was to administer justice faithfully and carefully, and he was quite sure, after what he had already said that morning, that nothing which they might have heard out of 'doors would have the slightest influence on their de cision. The remarks he had made arose from no personal feelings of his own, but from' compassion to those unfortunate persons who might be placed upon their deliverance. He re peated, that he was quite satisfied that they (the Jury) would banish from their recollection all they had heard before they were enclosed in that box and solemnly sworn, and form their judgement solely on the evidence which had been . submitted to them. His Lordship then proceeded to recapitulate the tes timony, of the different witnesses, and to comment upon those parts which bore more immediately upon the crime imputed to the prisoner. The .fury, after a few moments' hesitation, found the pri soner—Guilty. The wretched criminal was immediately called up to receive'udgment. He stood up at the bar, supporting the irons in his hand, and still held his head down, as if ashamed to meet the eyes of the auditors, He did not, however, betray much emotion. Mr. Justice PARK then proceeded to pass the awful sentence of the law in the following terms :—James Pallet, after a very .; full, patient, and, as far as I could procure itier you, an impar tial hearing, a Jury of your country have, without the least possible hesitation, , found you guilty of that dreadful crime with which you stood cnarged ; and no man living who has heard the account of this transaction can possibly entertain a single doubt but that you are now a convicted in urderer; convicted upon clear and indisputable testimony of a crime of the most horrid nature—a crime committed without any thing like a sufficient provocation that can be discovered—committed in the foulest temper that can be conceived, for it is clear that you had been harbouring malice a gainst this unfortunate gentleman for thre e or four weeks before this time, and watching the moment when you could pounce on your prey to bring hitn to destruction. It is a foul and enormous crime,f or which you must shortly answer tattle bar of God. Ido not wish to aggravate the circumstances of it, indeed it is impossible to do so ; the words of Con cry aloud against you ; and human justice requires that the blood of this young man should have some compensation made on earth; for the voice of GOD himself declares, that the land can only be cleansed of blood by the blood of him who sheds it. You have a short time to live ; but much longer than your wickedness gave to that unfbrtunate gentleman now no more. If he had any sins to answer for, you gave him notitne to makeup his ac count, and you have but a short time to make a much more dreadful one than, I trust, be had. The gate of ileaven'smercy, if duly sought, is always open. Larne, therefore, young man, earnestly conjure you, in all the spirit of Christian charity and affection, immediately to betake yourself to find it—to apply earnestly to the Reverend Gentleman who will be set over you, to direct you—to seek of him, though late, the true wart° sal vation ; for it may be obtained for you by your Saviour's merits, and fur. aught I know your petition may be accepted. The sentence of the law is, that you John Pallett be taken hence to the place from whence you came, and on Monday next to the ; place of execution, and that you be there hanged by the neck until, you are dead, and that your body he afterwards taken down to be delivered to the surgeons to be dissected and ana tomised, pursuant to the statute, and. may Clod have mercy on your most guilty soul ! The Learned Judge was greatly affected during this awful ceremony. The prisoner was immediately taken from the bar, and re. conducted to prison, where he will receive every humane atten tion till the henr of his death. In the course of the morning, be said he should not mind dying, if Kidman were to die with him. LIEEL.—THE ZANG v. TITOMAS ESQ. This was an indictment against the defendant for alibel pub. ished of and concerning Peter Wright, Esq., of Hatfield Priory, in this county. This' case excited considerable interest in the county. The case was in substance thist—The prosecutor is a gentle man of fortune, who,. in 11118, was an unsuccesstid candidate as a representative in Parliament for, the Borough of Col chester. The defendant is a Lieutenant in the Royal Artil lery. The prosecutor and the defendant':; father are brothers, the latter being the eldest grandsons of Mr. John Wright, formerly proprietor ,of Hatfield Priory estate, of considerable value in this county. In early life the defendant's father was the favourite grandson of Mr. John Wright, and was expected to be the heir of his large possessions. He went to India, anti, after a long absence, he returned to England, and found that his grandfather had died, leaving Mr. Pe Luard, the prosecutor , heir , by will, to all his propert ter y. The prosecutor, upon the death of his grandfather, assumed the name of Wright, and has ever since been in the possession of his grandfather's estate. This unexpected reverse in the for tunes of the defendant's father produced considerable dis satisfaction ; but the prosecutor allowed the defendant's father to remain for a considerable time in possession of one of the family mansions rent-free, and had let to him a large farm considerably below its value, upon an agreement for a lease, which did not appear to have been executed. The prose cutor's family and that of the defendant's father grew up, and in consequence of mutual misunderstandings, great dis sensions appeared to have prevailed. The defendant was sent to India as a ca4et, and became a Lieutenant in the Royal Artillery. Whilst, at the Mauritius, in 1820, he heard of some alleged indignities offered by the prosecutor to his father, anti in the beat of filial indignation at the manner in which he believed the prosecutOr to have behaved towards his parent, wrote an intemperate letter to the prosecutor, reproaching him with cruelty and persecution towards his father, alluded to the unfavourable disposition of the grandfather's property, by which a younger brother was placed in affluence whilst the elder was kept in comparative penury, and insinuated that unfair means had been adopted to influence the grandfather in the dis. position of the property. This letter had been read by the prose cutor to several of his friends. Upon the return of the defendant to England, in March 1822, he wrote a respectful letter to the pro secutor, apologizing for thatwhich he had written from the Mau ritius, and expressing his regret, in dutiful language, for the in temperance into which be had been betrayed ; and asked forgive ness for the youthful heat he had shown iu the caused his father; being sensible, u pon reflection, that whatever injuries his father. might have received, still he had exceeded the bounds of dis cretion. The prosecutor took no notice of this letter. Pre vious to the defendant's going to the East Indies, he had left in the 'possession of the prosecutors eldest son a pointer dog, upon condition that if he returned, and the dog was alive, it sLould be restored, and if dead, another dog was to be given in its stead. No answerintying been, gieen te the letter last mentioned, the d e f e nd a nt wrote to the prosecutor's sou in cold but civil terms, requesting that the slog, : which he understood was alive, might be returned. This request was treated with silent contempt; upon which the defendant wrote a letter to the prosecutor, stet ing the breach otitis sows promise, and requesting his interference for the peaceable restoration of the , dog. In this letter were contained sonic angry imputations respecting the conduct of the prosecutor's son, In 'keeping the dog, after the solemn engage ment above referred to. engage ' s letter received no answer; but the prosecutor hinnediately indicted the defendant for the first, third, and fourth letters above mentioned. The first was al leged to be libellous of the prosecutor, and the third and fourth were charged as intending to provoke the prosecutor and his son to fight a duel with the defendant. T he defendan t had been roused from his bed without any previous notice, and taken into custody for the purpose of pleading 'to the indictment, and having pleaded, andbeing admitted to bail, the case was now brought to trial. Mr. Justice Paniemade two or three attempts in the early part of the case to induce the parties to conic to some arrange ment of their difference, the matter being entirely of a family and domestic nature. These suggestions had not the desired effect, and the case proceeded. The prosecutor was examined, and proved that toe letters in question had reached him. lie denied certain acts of unkind nets, suggested as proceeding from him towards hie brother, the defendant's father ; and declared that be had no uneind mo tives for this prosecution. He admitted that he had shown the letters in question to several family friends, but .denied that he had given copies of them to anyb od y . Mr, littonnrcx contended, first, that supposing the first letter to be libellOus, it was private and conkdential, and had only become injurious to the prosecutor, in consequence of his own Imprudence in publishing its contents to the world e and, second, that neither of the other letters could be construed into an intention on the part of the defendant to challenge either the prosecutor or his son to fight a duel. Mr. Justice PARK summed up the case for the jury, and gave it as his opinion that the letters were all libellous, and calculated to provoke the prosecutor or his son to commit a breach of the peace. The jury immediately found the defendant Guilty, and he was sentenced to pay to the King a fine of a 1007., ac i r.l to give security for his good behaviour for five years, himself in 2001., and two sufficient sureties in 60/. each. Upon paying the' fine, and giving the required security, the defendant was liberated. THE ROYAL NA.VY ' to I.)E.C..l3.—TheCambrt e.. 50, Capt. T. I. Maling, being now fully manned; will arrive here in a day or two, to embark the newly appointed Consuls for the South American Independent States.—These Gentlemen, and their families, are 57 in number. Admiral Sir A. Inglis Cochrane, G.C.8., set off on Sunday, to resume his command at Plymouth.lt is understood that the Lords of the Admiralty have refused to comply with Sir Alexander's request to have his conduct investigated as it re spects the fitment of the Hussar, for London. The Hussar, 48, Capf. George Harris, C. 8., is ordered to proceed to Barbadoes, to relieve the Forte. Captain Chas. Bullen, C.ll. (who commanded the Britannia in the battle of Trafalgar) is appointed Commodore and Commander-in-Chief on the Coast of Africa, in the room of the late lamented Sir Robert Mends. It is expected he will hoist his broad pendant in the Maidstone frigate, at Woolwich. Captain Frederick Hunn has commissioned the Tweed, 28, at this port, for Channel service : Lieutenants William Kelly, (from the Pandora), W. Hargood, and G. F. Dixon, and Mr. Cox, Purser are appointed to her. Captain Hugh Patto n h a s commissioned the Rattlesnake, 28, at Chatham : Lieutenant It. B. Cotgrave is appointed to her. Lieutenant J. Henderson is appointed to the Beagle packet at Woolwich ; Lieutenant Croke, to the Emulous packet at Plymouth; Lieutenant J. M'Dowall, of the Albion, to the Pandora; Lieutenant Corn meleri to the Albion. Lieutenant 11. M. Blackwood, of the Active, and Lieutenant A. Ellice, of the Jupiter, are promoted to the rank of Commander. On Saturday last arrived his Majesty's brig Pandora, Capt. Wm. Gordon, from Halifax and Newfoundland ; twenty days from the former and twelve days from the latter place. She left at lialifax,lhe Athol, 28. Captain Bourchier, and Rifle man, 18, Captain Montagu ' the latter having just arrived from England, to relieve the Sparrowliawk, 18, lion. Captain Saunders Dundee, which ship had sailed for Bermuda and England. Rear-Admiral Fahie, C.B. had sailed for Ber mude;for the winter season, in the Salisbury, 60, Capt. Maude ; accompanied by the Dotterel], 18, Capt. Hare, and Argus, 18, Capt. Barnet Dundas. The Niemen, 28, Capt. Silby, had sailed for the West Indies, for specie to pay the troops in Nova Scotia and Canada. On the return of that ship to Halifax, the Athol would proceed to England. Lieutenant-General Sir James Kempt, Governor of Nova Scotia, is expected to return home in her. The Harrier, 11, Captain George Gosling, will sail on Tues day for the Cork station. The Grasshopper Starling have been paid ofr and re-commissisned by their former respective Commanders ; the former for the Newfoundland, the latter for the 'Channel service. On Monday the Jasper, Capt. Arbu not, sailed on a cruise, and to-day. the Lyra, Lieut. Lapidg the; returned to Plymouth. Remain at Spithead—Hussar. Ante lope, Calliope. In the Harbour—Q ueen Charlotte, Albion, Phaeton, Menai, !Ranger Tweed, Harrier, Arachne, Grass hopper, Pandora, Cygnet, 'Plover, and Starling. Last night arrived the l3ritomart, Captain Peelle; with a cargo of sugar and cotton, from the Mauritius, last from As cension in forty-two days, when that Garrison was healthy and the island in a thriving condition. The Bann, 20, Capt..lones (acting), which arrived with an account of the death of Sir Robert Mends, left the island on the 2d of September to return to Sierra Leone. • The Slaney, 20, Captain Charles Mitchell, having landed the supplies she took out, proceeded on for the East India station on the 28th of September. The Clyde, Driver, and La Belle Alliance, Rolfe, for the Cape and Madrass ; ten sail of West Indiamen, bound to Ja maica ; the Mellona, Lang, for Rio Janeiro; Lively, Hodg son, and Surry, Garbutt, for Sierra Leone ; have put into tins port with foul winds. DovErt,.llEc. J 4 --We are still without arrivals from France, owing, no doubt, to the strong northwardly wi nds that have prevailed for the last two or three days. Mr. Baring, Mr. Rothschild, and. Mr. Irving, sailed for Calais this morning at seven, in the Medusa Steam boat; and. Lord Brudenell has sailed ' this afternoon in the Defence, for Boulogne. The Por tuguese schooner Gaivota,with fruit, from Oporto for Havre, having repaired her damages, sailed this morning. 4 From the LONDON GAZETTE, 'cc. 1 Crown Office, Dcc. 13, 1823. METanieit returned to serve in the present Parliament. COUNTY OF Ltivcol.w—Sir llrilliatn „Anicotbi Ingaby, of Kettlethorpe, in the county of Lincoln, • Baronet, in the room of the lion. Charles Anderson Pelham, now Lord Yarborough, a Peer of the United Kingdom of Ureat Britain and Ireland. TZI~NKRUPTCY ENLARGED. It. Cort, Cow-cross-street, West Smithfield, currier, from Dec.l6 to Dec. 20. BANKRUPTCIES SUPERSEDED. John Matthews, Jun. Brixham, Devonshire, coal merchant. Robert Nunn and Thomas Fisher, Grub-street, Fore-street, timber-merchants. BANKRUPTS. James Moon, Bristol, currier, to surrender Dec. 30, 31, Jan 24, at the Rurorrier Tavern, Bristol. Solicitors, Messrs. Poole and Greenfield, Gray's-inn.square. Lucy Joyce, Keythrd, Sotnersetshire, innholder, Dec. 27, 30, Jan. 24, at the Wheatsheavel Inn, Prothe. Solicitor, Mr. Hartley, New Bridge-street, Black friars. James Cook, Rochdale, Lancashire, ironmonger, Dec. 26, 27, Jan. 24, at the Commercial Inn , Sheffield. Solicitor, Mr. Blakelock, Serjeant's-inn, Fleet-street. James George Powell, Egham, Surrey, dealer, Dec. 16, Jan. 14; 24, at the Bankrupts' Hall, Basinghall-street. Solicitor, Mr. Thwaites, Vittoria-place, South Lambeth. Elias Abraham Jones and William Hibbs Jones, Hackney fields, brewers, Dec. 16, 23, Jan. 24, at the Bankrupts' Court, Basinghall-street. Solicitor, Mr. Hexley, Pump-court, Temple. Abraham Olivant,'Sculcoates' Yorkshire, miller Dec. 30, 31, Jan. 24, at the Crown Inn Inn, Bawtry. Solicitor, Mr. Capes, Holborn-court, Gray's-inn. Richard Grace, Feachurch-street, hat-manufacturer, Dec. 20, 27, Jan. 24, at the Bankrupts' Court, Basinghall-street.- Solicitor, Mr. Wilts, Finsbury-place. Samuel Cronshey, King-street, Westminster, cheese monger, Dec. 20, Jan. 3, 24, at the Bankrupts' Court, Basing hall-street. Solicitors, Messrs. Watson and Son, Bouverie atreet, Fleet-street. Joseph Appleyard, Catherine-street, Strand, bookseller, Dec. 16, 30,. Jan, 24, at the Bankrupts' Court, Basingball street. Solicitor, Mr. Byles, Worship-street-road. William Slates, Canonbury-tower, Islington, dealer, Dec. 20, Jan. 3, 24, at the Bankrupts' Court, Balingliall-street. Solicitor, Mr Combo, Staple-inn. William Cordingly, Russell-place, Lower Russell-street, Bermondsey, brewer, Dec. 20, Jan. 3, 24, at the Bankrupts' Court; Bastnghall-street. Solicitor, Mr. Townshend, Crooked lane. Domenic Fauna, Bath, fancy-stationer, Dec. 20, 27, Jan. 24, at the Bankrupts' Court, Bastnghall-street. Solicitor, Mr. Courteen, Sise-lane. John Hooper, Mitre-court, Fleet-street, stationer, Dec. 16, 23 Jan. 24, at the Bankrupts' Court, Basinghall-street. So licitor, Mr. Dickens, Bow-lane, - - • Thomas Hodgson, Newgato-street, linen-draper, Dec. 16, Jan 10, 24, at the Bankrupts' Court, Basingliall-street. So lieitor, Mr. butler, Watling-street. DIVIDENDS. Jan. 20, J. Powis, :Milford-place, Tottenham-court-road, builder—Jan. 15. C. F. Forster, l‘largate, coal-merchant—Jan. 5, I. (Joodair, Chorley, Lancalire, cotton-spinner--Jan. 5, P. Tyler, Haddenham, Buckinghamshire, maltster—Jan. $, J. II ellyer, Lloyd's Coffee.house, insurance-b ro k e r—Jan. 3, J. Cold man, Brighton-place, New Bent. road, c ar p enter —D ec . 16, C. H. Banbury, Wood -street, Cheapside, silk-manufac turer—Jan. 3, J. Armstrong, Prince's ,square, Ratcliffe-high way, coal-merchant—Jan. 3, 3. Mackie, AVatling.street, mer chant—Jan. 13, F. W. Courthope, Langbourn-chambers, Fenchurch-street, timber.merchant—Jan. 17, J. Gelsthcrp, Molineaux-street, Marylebonne, carpenter--Jan. 10, E. Tip peas and E. (lethen, Basinghall-street, factors—Jan. S. Fisher, Winchcomb, Gloucestershire, mercer. CERTIFICATES, J A N. S. W. J. Gingell, Norton-street, 31arylebone, turner--J. and G. Steel, Greenwich, timber-merchants--J. Clark, Trowbridr, Wiltshire, linen-draper—A. Cornfoot,' Houndsditch, deal .r G. A. Wigney, Chichester, Sussex, brewer—J. Ward, Lowe stoft, Suffolk, twine-spinner—F. W. Courthope, Langbourn chambers, Fenchurch-street, timber -merchant—T. Dudley, Brighton, carpet-dealer—P. Chabert, Penton-place, Penton vile, merchant—E. Moore, Hanway-street, Oxford -street, silk mercer—W. Rogers, Gosport, butcher. PA RTNE RS HIPS DISSOLVED. W. Leather and J. Acus, George.streeyShoreditch, cabir.et makers —J. and T. Appleton, arm J. R. Woodford, wholesale tea-dealers—W, Morgan and 'l'. Rowles, Pill, Somersetshire„ ga ship-builders--F. P eac h ey and H. Lintott, Clare -street, Clare market, butchers—J. and W. Richards on , Sloane-street, 110- ,1 Stevenson j un ~ It. Oilier, osi geons—.R.:Kipling, J. Tayl or , and R. Kipling, Cateaton-street, wholesale drapers, so far as re rds the s a id R. Ki p li ng —W. . er, B a l n at d her it w . j ic an k, io N n, ott n it t l in g eo ha nl m : Cheshire, soap-manufacturer s ..—G. Gilb ert and W. Wilkinson, h ited ers fer — n 4 : : Hayes, Paradise-street, Shoreditch—S. Sherrington and S. Nutrnan, Great Yarmouth, Norfolk, 'Whitesrniths. THE ARMY. It is now determined that the Officers of-the new Regiments are to be alklected from the Half-pay Esta blishment, to obviate any objection that might arise with re gard to the expcnce of the additional force.—The 94th Regi menCA collitta i ncled by , bientenant.Colonel w.-15* WIIITZ, formerly of the 48th Regiment, and the 95th by Colonel GUSTAVUS Bnoww, C. 8., who held the rank of Major-General in the Portuguese anr.y, under Lord MOP roun.—The necessary arrangements have been made by, t 4, Horse Guards and the Admiralty, for allowing three Lim** tenant-Colonels, five Majors, and several Captains of the Royal Marines, to sell their Commissions to O ffi cers of the Line.--(Briash Monitor, Dcc. 14.) A company of the 17th Regiment of Foot arrived In this city from Gosport on Monday last, and proceeded next morn ing for Tynemouth Castle. Yesterday two companies 64 the 65th Regiment, from Hull, arrived here, and marched this morning on their route for Berwick-upon-Tweed.. --Cpurhos Advertiser, Dec.l3.) [From the LoNDON GAZETTE Of Saturday.] War,O,ifice, Dec. 12. Bth Regiment of Light Dragoons—Capt. John Earl of Wilt shire, from half-pay 35th Foot, to be Captain, vice Ilenry Clinton Van Cortlatult, who exchanges, receiving the differena:- bsavypia Co cleyymi l lo t s:rc l n s ta: t eitl r gimaso e t i oi t e n bon i ;;:v l siti t ,cru e tet g rihig i i.o n eibip t ola e lenitas i vi t - i i i i:G f atrtjiou: ; t : liari : nard,r o odv t e tt i a unßa r tt d iati s-- aiey :3015;:tinhi situ j i tr g iocr i g. t ioleort l .e l s o n ; . il‘i:sni ir,ty.. Sutton 'Fane, from the 93d Foot, to be Ensign and Lieutenant, ted 0 3 Surgeon Ea" ant-Surgeon John Richard Ward, to be Battalfon Sergio! Su l:s g ti t e : I n i n e' i g t v to i t i t c n ie n l t: r o a s f: l l: i o n o i t t} - o,rbe C ed a re . p tr ta icc i ok n i cii‘ B: ril a lai r o. G tt t :h o l e i,n n i l e : t T lo ' le b n a t f o iso b n e il tros : ' : B o t. f , lime the Regiment, to be Captain, 9ath Foot th an 's , reeeivine,the different Richardson, 1; let Ditto—Ensign b purchase, vice Skinner, promoted. I , 4 .thFoot, 20th Ditto—Capt. l George Bolton, from bang epiiite•tu.JteoAnhainitilwtßoyvyrit cin v le v e i i ice , c li e lf er, G6 rona ; et r r t i L l e t t l t i l , I : e l t r f y r i e o 2 d Y i t : l t'e t ( e i d o wl l i r i t tl i : : . 'te ; 3l .so .to to be Captain, vice Richard Geo. Horaley, who exchaVs' „,. 33d Ditto—Lieut. Win. Henry (ir ate to be Captain, Wit . ; chase, vice M 'Gregor, who retires; Ensign James pat be Lieutenant, by purchase, 73, 3 38 1 5t F t h h oo D D t be Captain, vice Hay, appointed to the 91st Foot. , i t l ay , , appointed f f 54th Ditto—Lieut. Richard Gethen Creagh Coate, frornb; pay 2d Garrison Battalion, to be Lieutenant, vice GLOW" l ittt lo t: b e CI: L i appointed to the 94th Foot, . 57th Ditto —Ensign Henry Shatlfo ' r - tl e t an to ' b r e l ieutenant , b l purchase, vice 31angles, who retires, ;,, Archibald Roberts 64 Gent. to be Ensign, by purchase, vice•Shadfo eP r P°l4 th ii . enti 61st Ditto--Major George Edward Pratt.. Ilarlosfo tbe lu l 34th Foot, to be Lieutenant - Colon el, b y purchase,,rieeL who retires. ' r aim ' 82.1 Ditto—Lieut. J. 111 Gregor Drurnmoncl, to he ug,„,,,, by purchase, vice Hutchison, who retires; Ensign `',:t: Hartford to be. Lieutenant, by purchase, vice Drummond' fromio. from phtoeel ,917h5isfettrheYuot 87th Ditto—Lieut. James Serjeant, front half-parse Sg„,, to be Lieutenant, vice Beauchamp Newton, who exehilregi 91st Ditto—Capt. Wm. Hay, front 35th . Foot, to tain, vice Gibbons, appointed to the 95th Foot. t ease. 9311 Ditto—James Gordon, Gent. to be Ensign, by In t vice Farm, appointed to the COldstrearn Foot Guards., 1 ,r . c,13 94th Ditto—Major-General Sir Thomas Bradfortn 1 7 r ha lf to be Colonel; Lieut-Colonel Wm. Grove Whitot ilv pay_4Bth Foot, to be Lieutenant-Colonel. Allan ,. rag To be Majors—Brevet Licut..-Colonel James fr o half-pay ,i, :a o l l jo l f o 7 . t p n p ; a a a Y y c ca 5 6: 4p 0 4 . t t 1 I h t : :: D " m o w a o Veteran To bc Captains.--,Brevet Major Wm. ar°Y , ' * VI 3'1 ,1 11 4 1 0 al Veteran BO • Anthony Bacon, from half pay 11.171 1 1 Li g f;041.4400 0 ./Ati l 1C Vn T il ti c : " George‘ b ußA ja L i t i il t ec e 'no n vet.Pt a a4l:; n lKg : s:l : lsi L erlij i lr i ii:a e :l : Y:e 6 riPlit't..ernil.r:4l.llleletliCiiiintirlee:°:2:lFeP:drinCftcrlic:ll22ttl:l:ll-1:}In.:11:11:1°13::;lf a lt : 'l l .‘e al l i:8 :: Foot; Lieut. Alex. Steuart, from the 9d Royal Ve i teT e teei talion ; Lieut. Robinson Sadleir, from the 3d We A y 65 1 Battalian ; Lieut. Thomas Workman, front ISI t L ; Lito Foot ; Lieut. Alexander lmes, from loans! John Armit, from half pay 40th Pootl.Lierit. Hartley, front the..tl Royal Veteran Battalion ; . , .... T ha N Ri i c c i h nird olls s , o f n rou T t i t n h i b e r il l % Ifirooymal halfVete rpaanyllßtitilaleioitilr;iiglilliejeut;"•liiji:, To be Ensigns--Ensign Wm. Belford, v :It Chas. Gascoyne, from the 54th Foot. ' 1 t Boys d't et Foot; Ensign John Bickerton, from the s 0 m the Ist li Battalion ; Ensign Isaac Toegood Ale fro lie from t v Veteran Battalion ; Ensign Johnxander?. iofrJ Royal Veteran Battalion ; Ensign John Ayres rein salad! half pay 94th Foot ; Ensign John Wetherall, froi b , 135th Foot. jc,C,..P.i () I , b o e thl,pot. Lieutenant-Colonel. .. . .. 95th Ditto.—Major-General Sir Colin flalket,l3aDr3ll, e Colonel; Lieut.:Colonel Gustavus Brown, from St. l' c g c all 'lit 1 • To be Majors—Brivet Lieut.-Colonel Siva,fro h ' from lialf-Po, 0: Hill, from half-pay; Major Edward.Fitzge r - 0 1 fta litil° o To be Captains—BrevetMtijor John Mitchel ~ .. c ca j rtie FFrooedte;riCackp.ib:boirtnlsiurfrGolonret,hteio9mist half l7o r c l i t , i .t l .t k va n a ti F n si ' e toi l on fist,: son,ti half from anl To 1 t Biellel the 24.1 Royal Vetera 4iti n jtile ß iuF e t. a l t ! l k o tta a j l tov i. : l i G i :o; e t e t:; j r : t et ng. ut l le a el ei u ti os : : ::: : : J r ' i lo igs : litli : D ie. t i ; C gtl e l l c i . s l2 l (3 ,: ' ; : ol:4 6 ° ; ;ll ; ,ll :( vd V o e ent te en: r f a ron n m ß ß a ah t tal t ta a f l l i iro o an n y : Lieut. WtraitSitunders, 1 1 1 0;1 0 fr o half pay 65th boot ; Lieut. Henry John SytlT: 1 . . c ling' • f l i d . pay 9th Foot ; Lieut. Joseph Carruthers, 1 1 aretrr sl/ Foot; Lieut. David Dickson, front 2d BoYa„,ii yoot_,ll:‘,,:. lion ; Lieut. Thos. Abercrornby Trant, from il . " l . l ", 2 dflorvi To be Ensigns—Ensign Edward Mayne, „Ir",' l n bury, Reit' teran Battalion; Ensign Robert HearY Pm 3 d WT I Vol! Veteran Battalion ; Edward Harrison, fro i : it if pay t; 1 ;10 1 .'" ran Battalion ; Ensign James Young,frool , gill; , a 11m5Felstinoo Foot; half t a y i In i t i t ' , ttlrs:_:44,yLoleitLtyelel:reanaPitlait)thliertoeti:T;ocaussapti.nuoiviiiibertjor; Second Lieut. John Parker, from half,g 27 coat. I . O OOT, Ensign Thomas Alcock, from half pay 300 A bbot! t , to Ist West India Regiment—Capt. Wil l ' A pe ll .aa pay 68th Foot, to be Captain, vice Robison , _,,,, 25 1 ti s l t 1 ;roy t 1 4 11 Veteran Battalion. ansr half pay 23d Light Dragoons, to be Lieu% n ' t i teS. ,o l; i it ) HOSPITAL STAFF.—Stafr StlrgeO n J° , ' il, de ll o 11° 51) ,,p• , • Nit° t o loan be Deputy Inspector of liosptals, vice if .sy, , ti pital Assistant James Christie, from ha 4lic + Assistant to the Forces, vice Michael ° ' 6 00 1 —Lieut. anohne,riit:' oettclopt"' pointment has not taken place. ' tof tit to Commissions signed by t l f ie s i tt aor tro t i l k. Li eut r e toi o ; l 4 l ; i o ;r tt ! er i , beEcaosltonSeulfr;olk henryßegi m u e en n e t e of ilielnilcietir r i s f g e: gatipelvicor. Neiman, Esq. to be Captain. c a vallr"'„4eil , ' . Ist Regiment of Suffolk Yeomanry, dec , _ ie tee,, r e worth Sims, Esq. to be Captain, vice I tlphtingl;terO, Cay, Esq. to be ditto, vice Sir 111iles L7_f e s J o ., t o i o Frederick War. Farr, Esq. to be t littn,:% t enao t _, l ies' signed ; John Blomiield, Gent. to be 1 -; corn , " Clabon, resigned ; John Roper, Gent. to " field, pr0m0ted. ,........ . 0.. ...'"'_..---- p ti) oar 0 • - --.........-- ---, to t t House of Correction in, :do , re , (r , ' a the I' s 1 0` J` l place at that prison, Neaten d du.l / vie d r i. On Thursday the e 1 e ( c : e t i c o i ri acroe f i ° , i i. :l ; ll t:fi r 00 c 1 . i s i ,1 3 1 1 :: : 1 , 1, 0 ° o e v e w r a n s o ri left t u childr e ljast e A Governor succevtied by a for t )'i -14 I. • fades il °° electors are the ,o.lagis There were nliOvitiNtifs'oswievis:nthitt:il:ritc;l)(:ll:l:lol;ll/f °I o c tho Middlesex. rri ir. oo of of gr. . „i r on , o pt On Thursday evening) , d ie L , 0 0 ge , it ° IV . 1 0 , was arrested, at the 5 u ti to be in r a Tie blii o coti ' t 0 sum of 12,000/., presw . ~ie he 0 1 ter l it tj ill 1 lOC which he was a (it'll° m ade ,s tO ..) re - e rn. r peated applications we ~__ sit bail, but without su Friday and yesterflacYcet:o.fisandag