The Sun. — London, England, 1819-11-04 00:00:00

PROVINCIAL JOURNALS. .[From The Yorkshire Gazette (f the 301 h ult.] The removal of Earl FITzwILLIAM from the limiourable and responsible situation of Lord Lieutenant of the %Vest Riding., is one of the prin cipal political events which have transpired since our last. The measure is confessedly a strong one. Let us inquire into its expediency. It is the dots, of a Lord Lieutenant, . and mo:e especially in critical times, to obtain correct information of the state of the district under his charge, ai,n to present accurate representations to (3orninein and to the country. Has Earl Fitz williem (lone this ? In a letter addressed by him on the 21st of •July to the Luid Lieutenant of Cheshire, atter stating that there had recently ap peared in the Reformers, ' a manifest humiliation of spirit,' awl more humble tone,'—he pro ceeds to say—' though there are to he f :und in this Riding a cerium number of eery seditious, designing, and dangerons cheracters, who tire en deeenermg to instil hot, the minds of the doctrines subversive of every thing ea- Itseble io our Constioitioeal Establislinont, thes e Inell are few iu iiiittlhetS, without eiiHriiciel or in fie( net The mss of the Popolaiion is by no Means disellected, but on the cootriiy , conteilted with the present mode of things.' Such e representation co idog from en high a {pellet . , was obviously celculeted to quiet the Bp prehemions of Government end the Country at huge ; to produce feelings of confidence and secu rity; aid to prevent eny active measures how being to cheek those ititetingi of the peo ple, ++hick host begun to occasion considerable *demo But was the represeloation correct ? We eppeel to die Noble E.irl him-elf, who recently attended a County Meetieg, professedly a meet• ing of Freeholders. What most have been his astonishment, to see bodies of the Radical Re formets marching into the Castle Yard with ben »ere and bawls of 'mimic, like the to volutionary mob of Paris the National Assembly, claiming to he admitted to the hollows of the sitting, and to interfere in the deliberations of ;he Freehold ers ? %Vhat must have been his indignation at per- Ctiving, that this mob actually overawed and con. !wilco the Meeting ; that no Ft eebolder was al lowed to speak, but by the indulgence of the mob, and under the protection of its leaders ; and to learn that the Recorder of Doncaster publicly and repeatedly expressed his conviction, that it Mr. :'ittritt Wortley, the Member for the County, should venture to stand op in vindication of the Magistrates of Manchester, it would he at the risk of his life ! Why did not the Lord Lieutenant enter a public protest against proceedings wholly inconsistent with free discossionand deliberelion ? .How arc we to account for the circumstance, that when Wooier, of the Black Dwal!, addressed the assembly as Brother Reformers,' and when Mr. Baines * told (hem that lie viewed the present co operatioo of the Noble and Hon. Gentlemen as a pledge of future support in those measures which they had tat heart, the Lord Lieutenant of the Coin y was prevented from openly Prolog, that tiny such soppert wes inconsistent with his principles— and that lie stn,: i as dienvetticelly opposed to their views aed wishes as any of his Nkesty's Mini sters ? And when the Noble Earl heard a Hew. letion proposed, which asserted the people's free right to meet and discuss their grievances, and fie saw on his right hand anti on his lett, the itinerant Orators, W 7 ooler and Willan, and 11,1itchell and Diekineou, why did Ile not boldly raise his WarniUg voice, and city , 111 the words of his own letter, these seditious and designing characters are endeavouring to instil into your minds doctrines subversive of every thing vein able in oar Constitutional Establishment ?' We answer, it was because the leaders of the mob, though without character,' are not without it fbience ; ' arid because the Lord Lieutenant ap prehended that bad he ventured to avow his sen timents freely and boldly, his life would have fallen an itietant sacrifice to the cudgels of a [nob. On which side, then, appeared that manifest hu miliation of spirit,' that humble tone,' of which the Lord Lieutenant has spoken ? Was it on the side of the Reformers ? Or was it not on the side of the Deke of Norfolk, of the Levi Fitzwilliato, and o f those Wliigs it Ito surrounded them, and who were conscious that they were completely in the power and et the mercy of a gang of Radicals. In the last York Herald there appeared a lead ing article under the following Heed :—• Call of Pailienient—and Meetings of the People.' We de) not attribute this article to the Editor of the Herald. Internal evidence strongly marks it to be the production of snottier pen. We put it to the %%Triter of t h at Atticle, Is Earl Fitzwilliam's representation of the Contentment of the mass of the population with the present mode of things,' true or (else ? Ministers,' this Writer says, are not duly informed of the strength and resolution of the Reformers.' As to their numerical atrength, the noot erroneous conceptions exist, and most fittio4 it is that the truth should he known ll' 'file Writer proceeds to iecommend end press upon the Reformers an actual enu meration of the friends of Inform.' This, lie says, evil: Surprise and ewe even the buidest I' mv The Whigs wreuld sec the necessity of ample cat; cession are matters then ar rived at this crisis, that whilst the Lord Lieu tenant sees a maeifest humiliation of spirit,' a general contentment with :he present mode of things,' the Universairage-men, or, in other .voids, the wen of plunder, are SUniCielltly nuttier tole to overawe the Go,eruttitent, to irtti iodate both Whigs and Tot is, and to demand the most ample, concessions ?' Then, we say, the late .Lot d Lieutenant Wes a person, however honour able avid estimable in his private charterer, yet blind to the dangers otOthe Counity,—His repro se u t e ii o os were misetWen and • erroneous, and might have lulled Ministers and the Country into a fetal security. For what are those ample cottervions' which will satisfy the Radical Roe formers ? Their advocates caiitiously itvoid com ing to an explanation ; and why ) Beeeuse me shing short of a general surrender of property, and *"..: . !ie_Eilitor of a Jacobinica 1 or Raka/ Paper at Leeds, nun oi; of the chief Par./lc:al Ora:ors. but whose Reforming Poison is happily counteracted in the arune 'row, by ?he intc:ltgencer ludepc-ntle)lt, two Provinekl ditinguisheti fur good sense, jtidir,utent, and lo;•alty. the death or banishment of present 11 - i11e55.7r5, are !he ample concessions' which they are pre paling to demand, ce . 'We said on a former occasion, that the Meet ing at 'York was inteteiferf nor for di3cushiou, but for intimidation ;— . --and we further added our per suasion, that thoseeselto - calle:1 the Meeting were disappoint e d at the smallness of the muster, and the failure of the measure, as a display of strength arid of numbers. „Bath .!hese positions derive con firmation from the article in The Herald, - It i. now discovered, that ' no Generel Meeting of the West Riding Reformers can he effectually accom plished—distance must pr e v en t it.' I n li e n of this, therefore, they are advised to feel and ascer tain their strength, by meeting and numbering themselves in wapentakes and hundreds through out the West Riding, and throughout all Eng land ; and thus to awe the boldest Tory mind,' to intimidate Whigs and Tories, and to spew the Whigs the neeessny of ample concessions.' And this is urged upon them by the mischievous Writer, a t»easnre of pressing and immediate imporr,nce ; it !floss he done in a fortnight ; 5 And if the scheme he neglected, a few weeks of freedom may he all that Britons are destined to eooy.' Thousands and tens of thousand& may frti wither th e c word,' &c. Thus are seditious, designing, and dangerous characters,' endeavour ing so lead the multitude on, to the inevitable ruin either of themselves or of their country, — Surely it is high time that Government should begin tri put down Traitors—high time that all men, whether Whigs - or Tories, who love their Country, and who-have any thing to lose, should unite in the protection of their lives trici proper ties, against that destruction with which they are menaced. LAW IN! ELLIGENCE. COURT OF CHANCERY, LINCOLN'S INN, Nuv. 3 The Lott') CHANCELLOR took his seat this morning at 10 o'clock, atl{l Was occupied all thy in hearing adjourned liaokrtipt Petitions. COURT OF KING'S BENCI-I, SERGFANT'S INN, Nor. 3. EMPIRICISM. THE APOTHRCARIES' COMPANY V. WAREIWITON. It %till be in the recollection of many of our Readers that at the last Spring Assizes for t h e County of Stafford an action WAS brought, at the suit of the Apothecaries' Company, agaLst a :11r. Warburton, for an offence which he had commit ted, under the 55th of the King, cap. 121. That Act, which is entitled " An Act for 'he hetet. Regulation of Pcrions carrying on the Art and Mystery of an Apothecary," at:er excepting from its operation all persons practisiugaA apotheca ries on or be'ore the lit day of August, 1315, en joins, that any person practising such, trout and after that day, seho shall not have served a regular apprenticeship, and pa\sed regidar examination beture, and received a regular cer• tificate of his competency from the Wardens of the Apothecaries' Company, shill he liah!e in certain penalties, therein specified, to he reco vered in any of his Majesty's Courts of Law.— The action out of Which the present application to the Co,:rt originated, was brought to recover the sum of 201 , one of the penalties in the Act, of the defendant, isvir. Warburton, for!hat he, not being an apothecary, on the Ist day of August, ISIS, was practiing afterwards as such without h a ving served apprentic , silip, and without having a license and certificate. The case was tries! before Jr. B tron Garrove, and on the trial Mr. lirarburton ciaimi2tl a right of lo!lowing the profesiion which he was then exercising, hnm having stiidie:l physic under his father, who, thong!) originally a gardener, had subsequently carried on the business of a enw-leech and a quack doctor, The fat her was examined on the trial as to his capability of giving his son instruction in the art of medicine. and in the course of his ex aminatim displayed such gross ignorance as is not often exhibited in a Court of Justice. IHng asked ,it he had always been a surgeon, he st first refused to answer the question, but af , erwards, o n being hard pressed, replied, " I ant H surgent." Being then requested to spell the word which he had just articulated, he spelt it '' synrgunl, sur gend, surgunt, and surgend," but con!d not, after all his r frot 13, hit upon the tight orthograghy of it. It also appeared, by his own confession, that he had never made up any ►uedicines from the prescriptions of a physician; hut that though he did not understand he characters which were used in them for °tutees, scruples, and drachms, he thought himself - capable of making up as good medicines in his way with the band, as a physician could in his way with the scales. It was also proved, that the son was totally unacquainted with the Latin language till the year 1817; that he was equally ignorant of the usual medical symbols as his father, and that he was equally unable at the time of commencing the present action to make up from a prescription any dose that might have • been ordered of him. he Learned Judge, on summing up the evidence, directed the Jury to find a verdict for the plaintiffs, if they were of opinion that the defendant's father had not m a d e up medicines for the sick from the prescriptions of physicians previous to the Ist of August, 1815, informing them at the same time, that by the fifth section of the Act on which the action was founded, this was one of the qualifications which the Legislature considered essential to the prac tice of an apothecary. The defendant haft ob tained a rule to skew cause why a new trial should not be granted, on the ground that this was a mis-direction in point of law on the apart of the Learned Judge, The case came before the Court this clay, when Messrs. Cow and CAMPBELL were heard on the part of the plaintiffs in support of the verdict, and Messrs. JERVIS, PULLER, and Tem., in sup port of the rule which had been granted. After they had finished their respective arguments, the Court proceeded to bite their judgment. Lend-Chief Justice AEMOTT Zed*, that he was of opinion, that the direction of the Learned Judge was perfectly correct, and that the decision of the Jury ought not to be invdidated. The point upon which the Jury on the trial were call ed to decide was, whether the defandant's father, before Aug. 1, ISlb, had been practising as an apothecary. Now, any person, before he came to a clecisiop upon that point,. would wk. himself 'what was the meaning of the words, " practising lusanH p 0( hTecary." The best way of m a king ou t that meatring would be a reference to the words of the Act of Parliament. This was the s'ety ul na e which the Learned Judge adopted : he re ferred the Jury to the aril Section of the Ac:, whereby it was found, that the Legislature considered the !nixing up of medicines from prescriptions to be an essential part of the practice of an apothecary. This being the sense of the Act of Parliament, it became the duty of the Jury to decide, whether the defendant's fa ther had done this. Now, it appeared from the evidence, that he was incapable of doing it ; and, therefore. it followed, as a natural inference, that he did not practise what the Legislature intended. There was no question left here to the Jury as to the degree of skill which he possessed ; his want of skill was decidedly shown to make up any phy sician's prescription. It appeared, that he could not read the language in which these prescriptions were written ; and that, even if the language had been translated to him, he could not have made out the number of grains and scruples of which they were to he composed. On these grounds, he W,isl of opinion that no new trial should be granted. Mr..lestice BAYLIIY said, that the intention of thi3 Act was to prevent improrer persons, who were not practising before the Ist of August, 1815, from practising in future an--art which they did not understand. He thought that the mere net of mixing up medicines wouhl not serve to shew that the father was practising as air epothe eery : those words certainly had a rueaning , and that meaning was to be collected trout the lan guage used by • the Legislature. The learned Jude a who tried the case had told the Jury so to collect it : they were not a tribunal formed to try. his skill; they had i 0 delettnitte, whether the de fernlate's father had or bad not been performing what the Act considered the duty of an aporhe y. It appeared, indeed, that the defeedent had been practising, in his father's steps, who had called hinnelf a cow-doctor, a horse-dee , or, and a general doctor. They might have admi iste:ed tnedicint‘s to those who come to them, but was that all which the Legislature conceived neces , eiry to constitute an enothecery ? By no means. lu deed, to the other titles %Illicit the Doctor had imposed upon himself, he tnight add r!te title of ass-doctor, if luny person, after the \rotel expo sure which had been male of his ignorance, should go to bin► raektie, either for counsel or phy,te. He fully coincided with the opinion ex pressed by tire Lord C . .icf Justiee. Mr. ins'ice Houtoer) and Jesfice BEST assented to the opinions exiaessed by their Lee; tied Brothers, and the : Rule was accurtlitos e ly ordered to be discharged. POLICE INTELLIGENCE. CONFESSION OF ! MURDERER. MAnLaogouGst-STatieT.—Yesterday, Thomas Waods, H young man dressed in the regimentals of the 85th foot, arid of very mild appearance. about 25 yrars of age, was brought from Saint Ann's ‘Vatch-house, where he had been taken on Tuesday night at a late hour, on suspicion of hav ing committed air atrocious murder. The snspi chin is grounded on his own confession, of which the following are the most prominent features : The prisoner, on bring placed at tile bar, evi dently laboured under great agitation of mind, trembled, and looked very pale. On the prisoner being desired to state the par ticolars of the case, he proceeded in thefollowiog words :—About ten weeks ago I travelled down to Edinburgh to see a young woman with whom I became acquainted in the year !SOS ; about tour Clays atter my arrival, I riser with her at the Blue Bell, belonging to a Mrs. Anderson, with whom the deceased lived us servant ; her name was Sa rah Lee. I walked with her one evening, aunt she promised to many me. 1l tiring been sent 5/. by my trio: her, who lives at Leicester., I gave it to Sarah Lee for the purpose of porchas int; a little furnit u re and taking some lodgin2s, and left her ; but instead of baying the it ings, she got into the company of a soldier he• longing to the G9ch regiment of foot, and spent the money with him. The day following I met them together, near Leith Wharf, and they were both in liquor. On my reproaching Sarah, she laughed at roe, and told me that it was niv unincy which paid for it, upon which she forsook me, and went after the other man, and I saw or, more of her moil the day following, when I called at the Blue Bell, and Sarah was called down stairs ; , this was on the Monday, but I cannot tell the day of the month. I went there with a determined resolution to murder her, and took a clasp knife in my pocket. , I invited her to take a walk (it was at the rime about six o'clock), which she agreed to, and we went to the water sink, between Newhaven and Leith ; 1 had the knife in my pocket, and when we arrived at the place which is nnFrequeuted and solitary, I spoke to her c,tn cerniug her being with the soldier, asked her what she meant by going with that man ? Site told me that she was determined to marry it ni, and nobody else; she used other aggravating language, which 1 cannot recollect ; I was agitated at the time, being about to com mit so horrid a crime. I to, k the knife from my pocket and plunged it into her left breast ; she immediatelyy fell down, and I atood over her about a n4loute, and did not know what to do with her body. lat length took it tip and threw it into the sea, and did riot leave her until she was out of my sight. I was so confused that I forgot what I did with the knife ; I think I Lett it sticking io her side. After' I had cononi!- sed the murder, I returned to Edinburgh, anti went "lo the lodging house of Mrs, M'Dotrg'al, hot 1 could not sleep all night. 'The next morning, about 7 o'clock, I got ulr , and procee,te I no Lou. don,through Berwick-upon-Tweed anti Nei-that:l - On my arrival, in London, I got !NV living by drawing Pictures, and working with dif ferent coloured chalks ern the pavement in Pie cadilfy. I was acquainted with the deeen , sed's friends, and have Jearr. l that sinr was found near the spot ou the beach where I lizetv her in, Ili then ...till, that since his arrival in Lundell), lie held ti: tor wandering about front one place to the o t h er , 4trlferit~ uunt;' al4 tit: pains of an eilli.:ted au Yuil y conscience, and go where he would he c9' ll ' l fiod no comfort, his mind was continnaliv 011 reclt ; till at length, on Tuesday ed at the George public-Louse, in Pi iocess-si ee l ° Soho-square, and told the int-0101d iiiar be tv" a murderer, and mentioned the pariculars as above to him, A Mall in the place, with his 0 ,01 consent, gave him in charge to a watchman. w" took him to .St. watch-house, and eve r since he wade his contesion, his mind had been relieved greatly. The manlier in which the above , was delivered, left tto doubt of its truth. Th e constable of the night, and others, intimated that the story was a complete recapitulation of hit former statements ; on which the firisolier healed a sigh, and said, Oh , it is too true." Mr. CoNtatr, the Migistrate, mentioned to thg prisoner, that so:netitnrs men in a state of drunken' . ness or distress made false confessions of having committed murder tinder an idea that they would be supported in contilement. lie timid not 5 3 3 e whether this was his case, if it were, he would wish to impress on hint an idea, that a murderer was confined in a cell on nothing but bread and water. The prisoner --I have no motive on my Inin't but to deliver fi)yself up to justice ; I can procare enotigh to keep myself ; too true that 1 ho:41 committed murder, which may be ascertained ; mind was uneasy, and my confession is all He was quite sober when he delivered himself oP• Tile Magistrate took 'down every necessary di teci ion in older that impiiiies migitt be made, and the prisoner 6tas ;emandeil to a future day. ROBEERY OF MESSRS. LONGMAN'S WAREHOUSE. MaNtslou- Housc.—Yesterday Brookes, Broome , equirisc,n,nria Stewart, were av,ain examined upoo the charge of robbing the warehouse of Alessi's. Lougmait and Co, at Paretroister-low, Mr. Car' lisle, tire bookseller, identified his bill for 231. ictoeh he had given to Brookes for SOME' copies of Todd's JoAnsf.,n, Mr, Castle, clerk in a distiller'', stated, that be. knew Broome, and had had some traosacfinos with him, in tbe-course of which he received Mr. Carlisle's bill iroen hint for wine and lirits. At the time he took the bill, h e "keit who i!r, Brookes was in whose favour tut bit! had been rlrawn. Broome said, that Alr. Brookes had 'lofting to do with the payment of the bill, but that he (Brookes) bad sold certain goods for hint amoogst tie booksellers, as he could get inure for hnoks titan ra;:ny others, in consevence of his acquaintance with (Le trade. Thomas Potter, clerk to Mr. Brown, bookseller, staitd, that he t oo k money to Old-street -road, to iake up a bill whicu had been given for Todd's Johnson, sold by Brookes to Mr. Brown. When he took the bid he yaw Harrison, who wrote a receipt. 'filo. Maitin, a bolkbinder in St. Martin's-le-Grand, statud, that he had been employed to bind two sets of Todd's Johnson. "Try %% ere bro. i to him by a porter, to be hound for a Mr. Robinson. tVit ness's own boy took the. order, and was told 1,1 the porter that they were to be hound in cony mon calf for Mr. Robinsoo, and taken to Mr. Broome, in Cloth-fair, where the money was to be given to him immediately. .13 r0 ,k,.,, h e re produced a bluff; bag . , - and said, he had evulcnce to prove that was the only bag Inc had ever carried, although the witness against him said he carried a green bag, and that he was nor out till half past nine o'clock on the day of the robbery- The LORD MAYnit said, he did not wish to fie tide prematurely ilium the subject, but be was °( opinion that he should commit Brookes. As for Stewart, it the complainants had no objection, should be discharged, there appearingnuthing I ‘ 7 implicate him. Alr, liAamtill said, it was probable that evi' deuce might he brought forward to justify the committal of Stewart. All the prisoners were then lettiamied. It was observed, in the course of the invests' gation, ;bat no blione whatever was attached to the Liooksriirrs wiw purchased the books, Brookrs having been twenty years known amongst LW' tuuyt If3peet4l);e as•a dealer in books. HACKNEY COACH EXTORTIONS. BOVY-STRtP.T.--Y, sturdily Robert Kerr, gi ne y - coach owner, appeared upon , 6111MOons, fore It, BteNte, Esq. to answer. the cot:tot:lint of Gtillith. proprietor of the Ram lon. Stnitb• appe.ired, that on tire :50th of Augto c , last, Mr. Griffiths took the defendant's conch fror.l Smithfield to his house at Islington ; to" 1 though the distance was sdaiething. short 0 , the driver thought fit to demand Is. Gd. This de'' !nand of course was resisted; when Mr. Coachms l7 P spreading out his arms, swore he would take nu: thing less, and M r . G. s h ou ld not st i r t ill h e ho t ' paid it. Mr. G. did pay it, and the neNt day suln ° mooed hint before a Magistrate for the extortioll• The plea then set up was, that the distance wa * more than a mile, and consequently it Wes or" drred to be measured by the proper officer when it turned out that it was not e v en . o ne able' • It was then alleged, that the officer had not gort e over the tight ground ; that the measure was ou t of order ; and various other preteuces, so 8 5 " put it off from time to time, till at length the re' sent ?)eiemptory summons tt.s ksiied, with a 1. 113 C that farther tioling would not he allowed. The plea no 4.. set rp by the dttendant's Sa 4 gr . for ‘s9, th a t the in ion hod abscotide o j `and he con:ended that the matter ought to sta ll over till 1 c could be found. 'The May istrate as of a• iffrrent opinion, ho`,7 ever, and fated hint h HA in the penalty o f at. with It It !T.D. On the 3Ut.!) nll.. Edward, fourth son John Brii.nt, Esqui -ot 1-;.c4c, to•Saiiisstrah-, 04d t; of W. 1)1 Zll l . t r 01) thr `firsthouse, nt Muitritarn v - ' ine v: 'r ftilt,ridgp, if) Ifi,:;7:1) yeAr, Nl;4lthew Berge, an 41 Inatheitiatieat ii,,tr,:itnelit•t)),,liter, (it Piccadilly. a valf Ainthlay, Ist lost., at LauaLett), John Fete r aged 71,!. • - r - telt LONJ)CYN: Printed ?)y J. 13. CARSTAIRS, of No."' sc. ' Onnotui - -strect, Qui•cri , sipare; arid published 'WO SCRIM).* of No. 7, ;Doti: M ohiiii-street, at 'I ti oi detil ()dice, No. i Sztand ; whcrti Advt.' tisvmentfii !4.0. must 41061 i 4 • i At 11 ph ; tt nce for . t.rei, S'TT. I ti 7. 1. 4. 1 , ii, ~ $~ F-; G. 1 At,, , i'i.u: • c , i "" 71 i Cat 4, Ni t 1. r t 1 goru t .LNE:t 'Wort trtfi Atilt blFt t :th0 7. 1 -111 A „ ~; - 114, ta t ; litk,lll . Cap is I„q lb tfp t CAA lt d i Lt7li 4 411 r tv TI - `,2:•3 <y ts~.. • ,~ ~~~,F of i ~