The Sun. — London, England, 1824-02-10 00:00:00

I.lEtto))Ta . ------', 'ee• - 4 K. . . , 4 - - - "'"ZiN 44440200 4 , , C, , ,t.,\• f -- !'• 7 ir , " , I , '`k\ \ \N ‘ ~.. II 06 M 4 iia i i I Lvi i \ i N. NUMBER 9818. TUESDAY, FEBRUARY 10, 1824. 'I (I . I4CE StVENPErSCi. VICTUALLIAG-OFFICE, Jan. 29, 1824. THE COMMISSIONERS for VICTUAL LING His MAJESTrS Ar.eirY, 4.c. du hereby give ;Police. that un Tuesday, the 24th February next; they will 6e ready to receive separate Tenders in writing (sealed up), Zinc( treat fur the following quantities of BALTIC STAVES t:cither Dantzic, Memel, or Stettin), viz.:— Pipe ... 4O Mille. Brandy F cad 6O 'Barrel Hcadini 7 .77p* dfrtivered one-half by the 31st July, and the remainder ky the 30th September, 1824, into the several Victualling 41ores, and in the proportions under mentioned, vio..;- -One:fouith part at-Portsmouth; . Ongourth part at Plymouth, And the Remainder at Deptford ; to be paid for by falls, payable; without interest,-sixty .;days.afterdette: t . - - The Conditions of the Contract may be seen at tkis Office. Each Tender must describe whethe'i the Staves offered are Dantzic, Memel., or Stettin, and must also specify the Price in. Words at length, and be delivered before One o'Clock on the day appointed, and the Person who makes the Ten der, or some Person on his behalf; must attend to answer when called for. .4./. WALLER CLIFTON. ARMY CONTRACTS. Commissariat Department, Treasury Chambers, January eB, 1824. NOTICE is hereby given to all Persons de sirous of contracting to supply the following Articles for the Use of the Army, viz.:— BREAD—T. his Majesty's Land Forces in Cantonments, Cluarters, and Barracks, in the under-mentivned Counties :-- Berks (including the Town of Hungerford), Berwick, Chester, Hants, Middlesex, Norfolk, Northumberkind, So. merset, Wilts, North and South Wales. OATS, to his Majesty's Cavalry and Artillery Horses, in Cantonments and Quarters, in the under-mentioned Court ties : Bucks, Cumberland, Leicester. FORAGE, viz•—OATS, HAY, and STRAW—To his Ma jesty's Cavalry and Artillery Horses in Barracks, and Oats, in Cantonments and Quarters, in the under mentioned Counties : Berks, Cornwall, Deron, Essex, Hants, Kent, Lancaster, MiddleseX, Norfolk, Somerset, Surrey. That the Deliveries are to commence on and for the 25th do/ of March next; that Proposals in writing, sealed up, and marked "Tender for Army Supplies," Will be received at this Office on or before Thursday, the 26th day of Fe bruary, but none Will be received after Twelve o'Clock on that day. Proposals must be made separately for each County, ex cept for the Counties comprising North and South Wales . , all of which must he included in one Tender; and each Propo al must have the Letter which is annexed to the Ten der properly filledup, by Two Persons of known Property, engaging to become bound with the Party tendering, in the Amount stated in the printed Particulars, for the due per formance of the Contract; and no Proposal will be noticed Vale t s made on a printed 'fender, and the Prices expressed in words at length; and should it so happen that during the c ontinuance of the Contract no Troops should be supplied by virtue of the same, the amount of the Stauips on the Con tract and Bond, paid in the first instance by the Contractors Thall be refunded to hltu. articulars of the Contracts may be had upon application at these Chambers between the hours of Ten and Four. 1 '• S. Samples of the Bread and Meal may be seen at the °t6 ce between the hours ut Twelve and Two. ARMY CONTRACTS. Commissariat Department, Treasury Chambers, January 2G, 1824. NOTICE is hereby given to all Persons de sirous of contracting to supply BEEF and MUTTON to his Majesty's Land Forces in Cantonments, Quarters, and b arracks, in the under-mentioned Counties and Islands Alderney, Bedford, Berta (including the Town of Hunger f°r(i), Berwick, Bucks, Cambridge (including the Town of Newmarket), Chester, Cornwall (including Scilly), Curaber land,perby, Devon, Dorset, Durham (including Holy Island), (exclusive of Tilbury Fort), Gloucester (including the City of Bristol), Guernsey, Hunts, Hereford, Hertford, Hunts, Jersey, Isle of Man, Isle of Wight, Kent (including Tilbury. Fort), Lancaster, Leicester, Lincoln, Middlesex, Monmouth, Norfolk, Northampton, Northumberland, Not -5 'ham, Oxford, Rutland, Salop, Somerset, Stafford, Suffolk, Sorrel' Sussex, Warwick, Westmorland, Wilts, Worce . ster, Yotk. in the several Counties of North and South Wiles, and in the several Counties of North Britain, That the Deliveries are to commence on and for the 25th 44 Y Of March next ; that Proposals in writing, sealed up 50d marked, " Tender for Army Supplies," will be received at this Office on or before Tuesday, the 24th day of Fe )l*llarY, but none will be received after Twelve o'clock on that Day. hi P4 'Posals must be made separately for each County and -- I ; and, except for the Counties comprising North and SOuth " I ", all of which must be included in one 'Tender; !ikewise the Islands of Guernsey, Jersey, and Alderney ; as als4 must the several Counties in North Britain; and ! aell Proposal' must hare the Letter which is annexed to ' l ' t reader properly filled up, by Two Persons of known 4 111.° PertY, engaging to become bound with the Party ten-: m eti ng. in the a moun t s t a t e d i n t h e pr i nte d P art i cu l ars , f or e due Performance of the Contract ; and no Proposal wi ll h e noticed unless made on a printed Tender, and the 4 1141 expressed i n W or d s at l engt h ; and s h ou ld it so w,14•11 that during the con ti nuance o f t h e C on t ract no t e° Ps should be supplied by virtue of the same, the amount Ithe Stamps on the Cont r a c t an d B on d, pa id in th e first 1 I b tl oce by the Contractor, s h a ll b e re f un d e d t o hi m . 4 41t iculars of the C on t rac t s may b e h a d upon app li ca ti on ( )thee, between the hours of't'en and Four. EAST INDIA HOUSE, J3II. 21, 0.4.24 111 HE COURT of DIRECTORS of -a-the- UNITED COMPANY of MERCHANTS of • .ENG LAND TRADING to the EAST INDIES, do hereby - give Notice, That a GENERAL COURT of the said Company will' be held at their House in Leadenball-street, on . WEDNES DAY, the 11th of February next, at Eleven o'Clock in the Forenoon, at the desire of more than Nine Proprietors, agt ably to the following Letter, viz. : " To the CHAIRMAN, DEPUTY CHAIRMAN, and -DI- RECTORS of the EAST INDIA COMPANY. " London, Jan. Hi, 18t4.," " GENTLEMZN—We, the undersigned, Proprietors . of East India SiOck, request you will sunamons Court, of proprietors for the purpose of ,submitting to theM the following Resolu . _ tian, namely, " That application be made to Parliament in the -ensuing Session for the Repeal of the 4tith -- ClaiisCof the ACt of the 534 oiaeo. 111. cap. ISS, by which the Court of Directors is pro hibited from sending to India, in the capacity of.a Writer, any person who shall not have resided during Four Terms.at the Haileybury College, and for introducing into the said Act a Clause appointing a Public Examination, at such times, ittid under such Regulations, as the Court of Directors, with the approbation of the Board of Controul, may direct ; to which Examination all perions shall submit their acquirements and qualifications for approval, previous to their being permitted to proceed in the capacity of Writers, to either of the Presi dencies of Fort William. Fort St. George, or Bornhay. " R. F. Beauchamp " Joseph Hume Douglas Kinnaird John Morgan William Morgan Richard W illiams Charles Wright John Addiuell Randle Jackson Samuel Dixon " JOSEPH DART, Seeretary. INCORPORATED SOCIETY for the CONVERSION and RELIGIOUS INSTRUCTION and EDUCATION of the NEGRO SLAVES in the BRITISH WEST INDIA ISLANDS. _ ARtidiiir4 the PROCEEDINGS of this SOCIETY, from July to December, 1823, is ready for delivery at Messrs. RIVINGTON'S, Booksellers, Wa terloo-place, and St. Paul's Church-yard; and at Messrs. RI VING-TON and COCHRANE'S, Booksellers, 148, Strand ; with a List of the Donors and Subscribers to the day of pub lication. J. T. BARRETT. D.D., Secretary. 14, Duke-street, Westminster, Feb. 2, 1824. EYTON, STOCK-BROKER, .2, CORN. HILL. begs leave to inform hr's Friends the Public, that the STATE LOTTERY commences Drawing the 19th.0 THIS MONTH (February); there are SEVEN PRIZES u 420,000. besides THIRTY-FIVE other CAPITALS. - Tickets and Shares are Selling as above, where . all Bus', oess in the British and Foreign Funds is transacted with fide. lity and dispatch. PRIVATE EDUCATION, A BENEFICED CLERGYMAN, MAR_ HIED, and of lung experience in't'uition, both as Tutor to a Nobleman, and subsequently receiving a few pu pi4s into his own HOMO, is desirous of filling a VACANCY, with a Gentleman's Son, whose Health or Education may require more than usual attention. Letters left for the Reverend B. C.. Mr. Triphook's, Book' seller, its, Old Bond-street, will be duly forwarded to hip). BEAUTIFUL PARISIAN SILK CLOAKS AND CURIOUS • SHAWLS. ASPLENDED ASSORTMENT of NO vEurt ES in RICH SILKS, fnst received from the Looms, is now on sale at SPITALFIELDS HOUSIti. An en tirely new and valuable invention, patronised by Ladies of the highest rank, called Anrillac Cachemeres, in every Vivid` and brilliant colour, at 275. the Dress ; the warm Astrachatis, which are lighter and softer than silk, at Ns. the Dress ; the fashionable Verona Satin Cloaks, from 501. to fins.; the new Neapolitan Dresses ,_at Sl.. 6d. each; Angulas, Gros de Naples, and rich Layadines, in the new autumnal Colours ;• an assortment of Poplins imported from Ireland ; English Poplins at is. Family Mourning of every description ; Muffs and Tippets; the rich striped Silk Tahheras for Drawing and Dining-room Furniture; 'the new Seramporc Shawls and Scarves, exact copies of the splendid India Cachemeres, at HUBBARDS, 12, Henrietta-street, Covent.garden. STRICTURES CURED BY a new Method the above troublesome Complaint is entirely eradicated, (without the use of Bougie or Caustic), whether of long or ghost standing. ex cept constitutional, as well as all weaknesses generally ae companying it, and in a short time the whole system is re established, being one of the greatest discoveries ever made, By JOHN LYNCH, 44, Dulie-street, St. Jau►es ' s. Respectable references will he given, if required.—All Let ters post-paid. fa' The price of the Medicine is Four Pounds a parcel. A perfect Cure for Bilious Affections and Obstructions in the Bowel.. Just Published, price 5%. cid. Bvo. ' the Third Edition of A PRACTICAL TREATISE on NERVOUS, BILIOUS, and INFLAMMATORY AFFECTIONS, with a new Method of Curing Strictures without. the use of Boogie or Caustic; with an Appendix on the Diseaies Of Women and Children. By JOHN LYNCH.—To be had of the Antkur, 44, Duke street, St. James's. it,;* Secresy will be observed. DEBAUCHERY AND SUICIDE. Bow-STRET.-=-A man named Joseph Gable, residing at No. 1, New-street, Old -street-road, put a period to his existence on Friday night last, in one of the low brothels, at the back of " the Key," in Chandos-street.—This man, who had a wife and six children —some of them nearly grown up; and the youngest not four months old—who was a good husband, a good father, and was earning a comfortable sub sistence (as a watch-finisher), suddenly left his home list Wed nesday afternoon, picked up a dirty little drab in the Streets, retired with her to a wretched garret in the brothel above mentioned., remained with her, drinking gin, and pawn ing his clothes to procUre it, until eleven o'clock. on Friday, night, and then hanged himielf ! From .the time of his entering the house, he never tasted solid food— but took gin for breakfait, gin for dinner, and gin for supper.. To purchase this he first pawned his watch, then , his coat, then his ihiit, and laitlY his hat. He then, at seven o'clock on Friday evening, sent his wretched para mour with a note to his wife, desiring her to send him 31.: his wife, indignant at his abience refused to send it ; and when the messengerseturned she found lien a corpse, suspended by his neckcloth from the testor of her miserable bed. A Coroner's inquest was held on the body on Saturday afternoon, and after an investigation of 4 hours, the Jury returned a verdict of" Found dead, hanging by the neck ; but how he came to be so suspended does not appear." The Magistrates ofthis office had previously ordered that as soon as the inquest was over, the matter should be brought before them for their investigation ; and accordingly, at eight o'clock on Saturday night, Sarah Bentley, the girl he was with ; Mary Bentley, her sister ; Sarah Rippen, the landlady of the brothel ; and Charles ELstbn, her protectok, were brought before Mr. Minshull. and Mr. Rails ; and after _utrict examination, w hich lasted until ne a rly e l even o ' c l oc k, they were all discharged—the Magistrates being decidedly of opinion that th e d ecease d di e d by hi s own hands. .CO,RON - Eit'S INQUEST; • ' . DEATH CAUSED 'BY ALARM OF 'ROBBERS. A Coroner's Inquest was held , yesterday . before • - Mr. SHEL.rox, upon the body of Jane limke, who fell from the window of alir. Abraham's house in Hciundsditch, in con sequence of a fright at the Su4oied:approachf a ibbbir. • James :Biven, a watchman of the ward of Portsoken, de poied,. that he was upon his "beat at five o'clk on'Saturday morning in Hounclsditch.' Heheard a screaming, he thought of ":Fire." The deceased was inaning or 'sitting .but Of the window, he could not 'shy - which, as it was dark. 'lt , Was in the .fourth story of Mr. Abraham's house. She calledfor it ladder, and.screamed Witness begged her to keePla as he 'sawn° danger office. or any thing else. She continued to cry Fire !" and .to.. call for a ladder, and the patrol ran and g o t a Udder ; but she 'fell' before th e. ladder arrived. She fell-near witness, who picked her up and carried her over the way to Mr. : Bates's house, Where he left her. She fell upon her head, and never spoke a word after; she had night-clothes and ".black stockings on. • By the Jury.—Asked her what was the matter, and she said, .as well as he could hear, " Fire, fire !"--- Did,.not hear her say, her master - arid Staples were murdered; was let in at the hall,. door ; a w,inclow , was 'open in the ,kialten, and some plate was. upon an apron `on the table. They,-didnot appear to be packed up. The first person witness saw was Staples; Mr. Abraham's young man, who had two ; , pistols;in .his hand. • He seemed very much terrified, and 'shook excessively. Mr. Abrahams was also .very much - alarmed. The door .seemed to have been well fastened inside. ' Mr. W. Liscard, surgeon, of Aldgate High-street, deposed that he was called in to Mr. Bates's house ; at haMpast five,-to see- the deceased, whom he found in a dying state: -Her skull was fraetured, and she died in two or threeAninutes. . • - JOsePh Staples shopman to.Mr;Abrahams, deposed th a t h e heard a noise in the kitchen betweenfour and, five, He slept on the same floor with the deceased; Soon aftet:he heard th e first noise, he heard a n o i se of footsteps on the stairs, which creaked, and he supposed that it was Mr. Abrahams. He laid awake for some time.. One board cracked very loud, and. he listened to hear Mr. Abrahams go into his room, but did not hear the door 'cloie. He then heard a creaking still nearer to him. Witness then jumped out o f b e d, an d too k• two pistols 'which laid under his head; and were loaded. •He had slept for three years with loaded pistols tinder hil head, and his master knew it. Having partly dressed hiniaelf,','he went down stairs, and saw something moving on the landingplace about twelve steps frtim him,„ but it was too dark to diatingilish what it was.— Witness said, " You damned alain, if you move another step you area dead man." Immediately after he heard footsteps. Moving.quickly down stairs. Convinced that. it could not be any of the family, he fired. He had no opportunity of ascer taining whether the person who moved was a man. After he fired Ire ran down stairs and kicked something with his foot, and called out for a light to Mr. Abrahams, saying. that he had got the villain: •He then descended into the kitchen, wbich was on the first floor,' and proceeded to the door that led to the leads, and in his way thither fell over a table. He then went to the door, which, as he himself had bolted it the niOit before, he expected to -find closed, and.' found it open. Anyperson , might have come in at the window which was open in the kitchen, and then could open the doors from the inside. The sash of the window. had been down in the night, •but not fas tened. Ile was the last up_isi the house, and. lad locked and bolted all the doors ; the deceased had gone to : bed before he went up stairs. Witness 'pass'etf - put upon the letids and fired the second pistol without seeing any. one. - • The C-ottoii E R said lie might have killed some person, who might have approached to assist him. at the first fire: The witness said there could have been no person in the section in which he fired except some. one whO had no busi ness there. He must- have been close to :the thief's heels,-but he never heard or saw tiny body after he fired the first pistol. Upon returning from the leads, he ran to Mr. Atqahain's door and called fora light. .111 r. Abraha m , op ene d- t h e d oor, an d witness too fiord of alight which Moved in oils but-in his• haste he .put out the light. Mr. Abrahams then pulled him into Ina room, and said they were in darkness, and. he (witness) said th at he knew Jane had a tinder-box, and lie w ould go - up to her room for it ; he went to Jan e ' s room and knocked at . the . door; he cried out•to her " Jane, for God's sake give me a candle." He heard her say.three.times, " They are e roOrn." He k n o c ked several m room - r -they my received no answer. M r . Abr a ha ms then ran up and knocked at it, but no a n swer was gi ven . Th ey both then aster some difficulty broke open th e d oor , and wit.; ness went round near the d eceated's bed, and found the tinder. box. . lie then strucktimes a light near the girl's bed, • and he did not .see her in b e d - Ile did not know whether the window was open. He then went down stairs with a light, leaving. Mr. - Abrahams in the girra room in the dark. There was a ringing and knocking slit the . door .when , he was down. Ile opened th e. dOor Uhd let - in the Officers,' who took him into custody:. The officers went op: to. h&r:rtinm; and looked np at the Ceilin g, itad said it apparition the witness'u.ll,, s own.' Witneaa replied. that they might . aa well say. that he was a dead-ma/1, Upon going into th e ' dining. room ha aaw some small articles of plate, and a neckla ce o f th e &Ceased, on the table, lying uppn an apron, and he was sure that. they, had not.been there the night before. Ilefiire the girl went to bed s alte.told witness that .aliellad got 7s. froth them.. 'A hat wasfound by one of the oflicera on the landing place, and there' was a• shot bore in it. Mr. Abrahams, of Ho undsditch,'deposed, that the report a f t s a pistol, awakened him on ,Saturday. roorning He t rot out of bed and went to a drawer where he had ti pistol and powder flask ; he then heard Stapl e s Cr : ; , "A . light, a light !" Wit- . um opened the door, and Staaleinentered, greatly agitated, saying he fired at the villain. Witness. add him to hold the . lathp while he looked for the pistol ; the lamp went` out, On. account of his agitation, and witness desired him to go up stairs: to Jane's room.and get a light. Staples could not get into Jane's room, and witness ran up stairs, and. said, " Jane, insist upon your opening the door." She did not reply, and he supposed she had tainted. They then broke open the door; and. she was not in the bed. Tho window was then open. The plate whiCh was found in the apron was not on the parlour_. table when he went to bed. They riiight have been left in the kitchen, and were dean. •Do you know that he kept loaded pistol:; under his.head ? • Mr. Abrahams said he did nOt, but he knew that Staples, had pistoli ; saw no apearance of violence about the premise's was positive that he never saw such a hat as that produced be- . fore ' • there was som e a ppear a nce o f a p e r so n c li m bi n g at t h e back of the house. How did it happen that he kept twO,pistols about' him ?—, He said, b6cause a former master had be.en robbed; I desired him to tell that gentleman to attend; he told me his forther master would attend if he could. The gentleman, did not attend. Mr. Abrahams had said some days before that he 'thought the kitchen-window was hot safe. One of . the Jury observed, that he believed the robber' escaped through. the hall,door. A man had been seen running in the' neighbourhood, and upon being ailted - What wati the matter, he said• ithere was a great 'tire at the oil-shop. This was ary oufcif-doors report. Abrahanis.—Staples and the deceased were on good terms. Staples was quite so b er th e n i g ht b e f ore ; was ' one of', 'the most assiduous and clever young men that could be ; and would, he had no doubt, exert . himself to any extent for the benefit of his master. The CORONER directed the Jury to go over to Mr.. Abr aham's house and examine the stain, to ascertain whether they. creaked. Upon their return, they agreed that a person stepping across the kitchen, or on the stairs, in the silence of night, might be heard in the . Staples' room. The CORONER, in addressing the Jury, said there Was a great improbability in the story. It was evident, however, that the poor girl had come to her death by endeavouring to escape apprehended murder or burning ; and whether the story was true or false the verdict . cOuld not be affected. Verdict" The deceased came to her'denth in consequence of having attempted to escape out of avindow in her master's house, in her alarm, fearing tfint she would be either burned or murdered." SWEEPING THE STUEETS.— VV.e perceive in the 111e;cantik Advertiser of this morning, a new method of sweep ing the streets has been discovered by a-Mr. kloyd, which he intends to put in operation next week .for public inspection. It is to be done by means of a rriachin.e which is to be drawn by a single horse through the streets, which it both sprinkles and sweeps at the same time, and finishes by gathering the dirt in heap 9, which it then leaves for the dirt cartmen to take up and carry off if it shall please thcm to do so ,--:(lYnt rork Ewninc Povt;) LAW INTELLIGENCE. • COURT OF' TUNG'S BENCH, FE 2..9. • THE: KING{ ' ON TliEsPiiOtcliT/oN. OF 'six QEORGE JER NINGIiASI, V. =CHAR!) C9O.KE: Mr. CAXiPEELL cause against: the rule obtained in last term for quashing the Plea , of - Richard Stafford COoke,, in dicted with James Stamp, Sutter' Cooke, tttid others; for a eOti; spiricy ; on theproSecution.ofStr George Jerninghain. The de fendant, Richard Stafford Cooke, 'pldaded in abatement a pl ea verified by affidavit, th a t' at t h e t i me of taking the inquisition, he was Lord Stafford, Baron 'of Stafford, and had a right to enjoYthafdignity and estate: Theibotion for quashing this ple a ought. not;-the Learned CohnSel contended, to be 'made abaci lute, because the Court, by such a measure, would'deprive the party of hiS writ of error, which.he might prosecute after judg ment ageinstiiim on demurrer.- The objection to the plea was, that it set out no writ —no patent of creation--no descents ; but, in this case, no writ or patent could have been set forth, because the Barony of Stafliird bad its origin -in too, remote' antiquity, and the party pleading could only begin with I)Ocomkdiy BOA, and load '..the record with a. pedigree reaching.to the present tinre. It wasagreed that this plea was a good plea, if properly pleaded ;1-and surely.the Court Would not quash it on' motion, but:- . leave the _prosecutor tO, demnr; even if they inclined- to 'think it defective. -He was, however, prepared to argue, if ne cessary, that the plea was good. •• Mr. SCARLETT and Mr. TALF6IIRD argued in supp or t o f the rule. It was clear that the'plea 'bad, because, accord ing to all the authorities, it ought,to have set forth a writ,-pr patent, or preScription,br summons:to Parliament, from whence the Court ruight see that the party had a:colourable claim. By , Analogy' th.the cases in which the Court have quashed indict ments, it was obvious that they had a-discretionary poWer to controul criminal proceedings, and prevent them from being abused to the perversion - of justice • and in the " Granger, 3 Burrow, 2110,.'t they q•uish j ed.a plea in abatement, be= cause it. was notytrified by oath..oere; indeed, there was an af fidavit ; but it was to a'mere matter of opinion, on which no in dictment for . perjury'could be supported. The charge wasa most serious charge; hot merely alleging that - the defendants set up a pretended title, but that they used that title for purposes of.fraud and courage, 'and no claim, however, :good; could justify their proceedings.... Would the Court, then sanction an attempt , to correct the course of justice;' by the intiodnetion of a collateral matter so indistinctly introduced, so imperfectly stated, asthat which fornied the substance of this extraordinary plea? The COURT said, they thought it would be too•strong a mea sure to quash the pl ea , w h a t ever th e y m i g h t think of its Me rits.. They therefore tliacharked the rule, . DTBDIN, ESQ. I. ELLISTON, ESQ. • .Mr. H. COOPER, .on a former day, , obtained a rule Nisi, caging upon Mr. Elliston, the manager of Drury-lane Theat r e, tiishew cause why M r . Dibdi n should not be-permitted to in= speet the terms of an agreement between . the -former and the latter, sttpposed to have been entered in the Stage Manager's book of the Theatre. Mr. J. EvANs. Row shewed cause on an affidavit denying that any such entry had 'been made in the Stage Manager's book, although it was admitted that Mr. Dunn, the Manager, had made a private memorandum in his own pocket-book for his private use. The ground of the, motion being•thus contradicted, the Rule 'was discharged, hut without costs. • POINTS RESERVED FOR THE TWELVE JUDGES. Vie . eleven Judges Or the three Courts, Mr. Justice RlCaantisorr being absent by illness, sat on Saturilay in the Chamber adjoining. the Court -of King's .Bench, to bear the ob jections to' the indictment upon Which Joseph Day was tried and convicted at Cheste r , fo r the murder of William Wood. • • •.... • ... , , Mr. JotrEs argued 'upon .the objections.. • The first objection was, that the prisoner, with two oilers indicted;. were charged with throwing stones, without Mentioning any number. The were charged with giving the w ou nd by stones not being capable of . giving one w the o c° u °3n n ed d g : Ws : .r r a - n T se l s i'e th t rna h t i ii r t 7l hYeY objection was, that it was not charged who gave the'Wound. THe r- cited'uptin this point a case from Hale, in which, , whe're the, -pleadings' were 'in Latin,' dextra was not held sufficient for the I , iet•hand,r Without. moan. The fourth objection was, .that the hidictment •charged,'" did cast and throw with stones," instead of " did cast and throw stones." Mr. Justice HoLnorp referred to Dr. Johnsttin. as giving a neuter sense to tho se. vetbs, as well as a transitive, and in, stanced " throwing wi t h dice," in playing backgammon. Mr. JONES submitted that the transitive was the natural and strict Sense of the words and therefore the only one to be given in an indictratilt for inuiller. If, then, this was the strict sense the wQrd'ivith intt• be Struck uut. the omission of the word with could not be supplied, neither could its insertion be erased. There had been a case in York; in 'which Mr.'JuStice •Chartibeti held that the omission of with was fatal. 'lt was an indictment for milltler, upon a Coroner's inquest, and it 'charged that the .Piisoner did' assault him (the Iteceased) and a poker did beat, Scs." The, Judge held the charge was, that the pri iiiner dfdrittike poker.. The last objection was, that if the parts objected to were struck our, ther e w a s n o distinct, deti= n ice, direct charge against the prisone r . • The Loris 'CiriEr JUSTICE - said, they would report their opisions upon the-objections to hiS Majesty ; and. ordered Counsel to. withdraw. , COURT OF COMMON PLEAS, FEtwf. • Tiwxas TetisitTEer. v. J. -T. BARBER BEAU,IOI4I', ESQ. This ease, which was a motion for a new trial, came on yes terday, when Mr. Justice PA#K read his notes of the evidence given on the• trial.of the cause at' Westminster, at•the Middle sex Sittings.after last Trinity Term. It will be recoll e Cted that it was .an action brought to receiver - the sum of . 1;9001., upon a policy of insurance for 2,500/., effected upon the pro •perty of the plaintiffin a warehouse, No. 93, Watling-street. This warehouse was destroyed by - fire on 'the 1 26th of January, • 1t322. The Counsel for the plaintiff 'on the trial relied chiefly on the evidence of John Thtirtell, the- unfortunate man whose -fte has recently been. the object of universal at tention. He stated that he was the last person ,Who left the leretniaes on • the evening of Saturday the 28th, and that at that time the . goOds and the warehouse were perfectly safe. A-great mass of evidence was given, -to-show that no person was on the premises afterwards - nntil the fire broke out about five o'clock on the Sunday Morning., 'On the part of the de. fendant was called a man named Cotvdry, who swore e that in a conversation which he had with John Thurtell,-the latter pro posed to him to hire a house to put goOds in, afterwards sell those goods, and having effected an, insurance, to set fire to the house and claim the amount of the insurance from the office. The woman who kept the house where John .Thurtell lodged, swore, that in a conversation which he had with the woman with whom.he cohabited, the latter said to him, on his st a ti ng that he was embarrassed, " Really, if I was you l .l. would.sell off all the goods and set . fire to the avarehouse. When he re plied," ..Now, Mary, don't talk so ; for if any one should h ear you, and such a thing was to happen, they would say .1 set it on tire." This conversation took place about a month be fore the fire happened. This witness, Mrs. Owillin,. on . her cross-examination said, " My house is most respect able, for if any one calls for an hour, they pay as much as if they stayed the whole 'night." The Learned. Judge said that in his charge he certainly had a leaning for the plaintiff; ,• for if the evidence was to , be believed, it we nt to p rove that • John Thurtell, wits clearly absent 'from Saturday even ' ing ; that 140 peysonsouldhave . gone into thebouse immediately before the fire broke out, according to the testimony of a watch man, who cut at the door opposite; that no goods bad been re moved ; and upon the testimony of a`fireman, that the remains of a large quantity of silk goods had been .found in the ruins; then, undoubtedly, the plaintiff was entitled to a verdict. A new trial . was moved for, on the, greetind that. he (Mr. Justice. Park), had misdirected the Jury, in laying down the law, that it was necessary to prove that the fire was wilful, a lit t l e too broadly. The application, was refused by the Court. A me., don was made for a, new trial on a second ground e that a bill for, a conapiraty to defraud the.: defendant, bad been found against the plaintiff and others by the Grand Jury of Middle sex, The: Court refused to grant this alSo, and this refusal was sanctioned by severaldecisinris. In one case particularly where an application had been made for a new trial on the ground that a true bill had been found for perjury, against one of the witnesses in the cause. Lord Mansfield, in refusing a new trial, said it would open a most dangerous precedent to grant a new trial, on such a ground. A third application was made upon 'the ground that new matter had arisen since the trial and th . e feeiner motions ; and , that they had been entirely taken by surprise. On thisapplication the rule Nisi was granted. The affidavits in support ,of the .present application, were then read. They have most of them been already before the public. The principal one was that of Mr. Barber Bea umont, the defendant, which stated that he had found that the goods which the plaintiff had purchased of Messrs. Todd and Co., . . and which he described as having been .burnt, were exactly similar to those' sold a short- time 'before the fire to Messrs. Margrave and - Co. warehousemen. The next affidavit portance as that, of a person , named Wriggleswortik, who swore that he was in th e se r v i ce of Measrs. Loftus and Tho Mas MargraVe; of Wood-street, for:witch - 1i he Was managing Ware houseman, and in 'the .habit of, purchasing goods ; that one John Broderirk Snowdon, Fame to the hou s e o f Messrs. Nar grave, a short tinie-before the fire- ' in his capacity as agen t for the sale of 'goods,. and 'stated to the witness that he could sell a lot of goods to the house uncommonly cheap --twenty per cent. under the price which they had cost a few,days before ; that the seller, Thttrtell, was playing a deep game, and that in a few days there would. be an explosion ; that witness refused to purchase or to have any : thing to . do with the geods, 'observing that they to. not have been honestly come by, as no man could buy them on one day, and honestly sell them . on. for 25- per cent. below what they cost, and that theremust be some roguery in the transaction; that witness was afterwards ohliged to receive them by the direction of Mr. Thornas'Margrave, and that five or six transactions took place .between Messrs. Margrave; who made purchases of . Thurtell's goods from -Snowdon ; .that John Thurtell came to the ware. house one . day and Snowdon for the proceeds of the sales ; that Ennisen, the porter of Thurtell; carried the goods to Messrs. Margrave, and that having read the report of the trial; witness's mind became enlightened on the subject. JoSeph Hunt, whose affidavit was made before . his donvic , tion, swore that be is a- public 'singer ; that he had a torifersa lion with John ,Thurtell some time befo re the fire4ook place, in which conversation the said John Th ur t e ll - state d , t h at he had bq placed a match in thehouSe at Watling-street, it would light at a certain-time, and lrealso stated to-the dep onen t, t h at .by taking a house in Mary-la-bon n e , setting it up in the black insuring it, and afterwards setting tire to it, he might - make Pinch money, 'and that he (John.Tliurtell) would assist in providing,useans. Samuel Aobertson, who. resides opposite to the plaintiff's late hOttse iii Watling -street, swore that when the shiitter of the frontroom was burnt away, he - had an opportunity of seeing ,into the room, and that there was then nothing in it. Witness saw plainl y that there was not a vesti ge of goo d s . The de fendant; Mr: B. Beaumont, swore that lie was wholly ignorant of most of the above testimony before the trial. The affidavits in behalf of the plaintiff were t h e i r rea d . The principal were those of M e s srs . Th omas an d L oftus Margrave, 'who denied the truth of all the material part of the statement in the affidaiit of Wrigglesworth, who bad been dis , charged froth their service for gonefand sufficient reasons. They bad ptitchased a parcel of bombazeen and Norwich crape from SnOwden on thelth•day of DeceMber, hut they were 'not aware of the person.for whom he sold 'it as agent, nor were they aware that they had been purchased of Messrs. Todd or others, and sold at 25 per cent. below the or i g i na l cost, and that Wriggles, the warehouse, no he worth had on any ground what ever re th se d to purchase them.— They had never . heard. the name o f.t o h n Thuitell before the proceedings took place relative to the fire, nor did th e y susp e ct any direct or indirect dealings with bu n . They had sold the goods they purchased of Snowden at a p ro fi t of eleven and a half per cent. to persons they were ready to p o i nt out. Thomas Farley, of th e Commercial-ro a d, warehouseman to Messrs. Mar grave , d epose d , i n co nfirm a ti on of their statement, and that, . a l t h oug h h e was constantly in_ n o Snowdon wb d ; h never saw John Thurtell there but once, which w as on the oc casion of the latt er giving a conversation took place between the latter and Morten o f th e nature sworn to by Snowdon. John Borthwick Snowdon, who described liinself as an agent for the sale olgoods„staore, in the most p os i t i v e manner, that the statements- Of 'Wrigglesworth respecting him were false ;- that he did not tell the latter any thing abOut John Thurtell having -a brother who was selling goods unusually cheap; or that Thuitell was playing a deep game, and that thete.Would be an explosion presently ; and that Wriggles , worth - never refused to purchase any goods from him on the part of Messrs.. Margrave, as stated. Witness further said, that he never made the purchases stated from Thomas Thor-- tell,- the plaintiff, and never saw any invoices from Messrs. Todd or others. William Ennison, the porter (as we understood) of Thurtell, deposed that he never went from the plaintiff' to Messrs, Mar.. grave, as sworn by Wrigglesworth. George Hoddy swore that he carried the godds sold by Mr. Snowdon on the clay mentioned to Messrs. Hargrave~ Richard Botteril, in the warehouse of Messrs. Margrave; of Wood-street, swore that Wrigglesworth, before the trial Of 'this cause, came to him and represented that he was in very neces.: sitous circumstances. He borrowed IU. 10s. 4d. of the witness, and at that time said he should be in funds shortly, 'if the de , fendant succeeded in gaining this cause. John Taylor, a witness, stated- that for good and sufficient reasons, he would not believe Wrigglesworth on his oath- John Thuitell, in an affidavit (sworn of course before his con-; viction on the 20th of November) deposed, that he had held no such conversatation with Hunt as the latter had represented; that he never'went to the warehouse of Messrs. Margrave, as stated iwthe affidavit of Wrigglesworth ; that he never asked of Snowden the proceeds of the sale, and that no conversation took place between him and Snowden, but that ke rnersly called to deliver to the latter a niessage. The deponent had perused the affidavit of Joseph Hunt, which he swore was false, and that he had never told the latter of the ease with which money might be got by insuring a house, putting goods in it, after wards burning it and clarthing the insurance. / The affidavit of Thomas Thurtell was very long, and recited that he had been, a farmer near Norwich, when. he failed and took the Cods 'Tavern, in the Haymarket, which he gave up on his wife becoming unwell;_ that he subse q u en tl y ma d e arrangements for entering into the jobbing business in the City ; and' that in the purchase of Norwich goods, bombes_ wens, silks, &c., he relied on the judgment of his brother John, who was greatly experienced in the nature of such goods. He wait to sleep on the premises, and depotent was greatly surprised after the tire to learn that he had riot slept there for the protection of the goods,. as he had etigavet. The 'statements of Wrigglesworth the deponent swore to be false. He deposed also that he saw Joseph Hunt and clues tioned him touching the eontents of his affidavit for the plain tiff'. This welt done in the presence of .IQhn Thurtell. When Hunt was questioned he burst into tears, and baid; " I did it 'to save myself ; I hope you will pardon me." John Thurtell interceded, and prevented deponent fram quesitiniring Hunt any further on the subject. William Reeves, a fireman,.who on the trial depcsed that the remains of a considerable quantity of burnt silks were found on the ruins, now deposed that since the trial he was in ‘Vhite cross-street prison for debt. The defendant visited him there, and pressed him to state something of which he said he wa s sure he (the witness) had a knowledge. He told witness he would 'do something for.him if he would give any information., as he (the defendant) was about to indict the plaintiff' lad Others. Deponent said he had told all he knew at the triaL The affidavits of several firemen were then read. Thgy went to show that the tire, froro what they perc e i ve d on. , t h es e arrival, broke out in the lower part of the premises, and not the upper part, which was occupied by the plaintiff: The reading of the affidavits having been concluded, the LORD*CkIIEF JUSTIcE said he should not be able to hear the case further that day, and it was accordingly postponed. THE CONVICT II uNT.—Since the transmission of this fellow from Hertford gaol to the Hulks at Woolwich, several applications have been made by relatives and others desirousof stn. interview with him; but hitherto without effect. The instructions , sent with Hunt were dictated in a• style of minuteness seldem attended to in the ordinary transmission of convicts, and have been as scrupulously followed. llis intercourse with the other prisoners is as limited and unfrequent as the nature of his employment will permit. He has been allowed the use of pen, ink, and paper, a privilege not always conceded to the cc;- victs, but the letters he h as wr i tten h ave been invariably sub mitted to the perusal of the person who has the controuf of the Woolwich convicts. His appearance is said to have suffered considerably, no doubt from the affliction of mind which such a condition is calculated to excite. He some- , tirnes contrasts his lot with That of Thurtell, and generally seems to regret that he did not share the same fate, as it would have taken him at once from an intensity of suffering, arising from the retrospect of the past, the reality of the present, and the prospect of an unlimited futurity. The Countess of Har court transport, in which vessel it is settled that Hunt and.. many others shall proceed to their final destination, is not expected - to be completely ready for sea until the latter end Of March. To this period, Hunt looks forward with a restless impatience, as if new scenes could tend to any ruitigzstian of that bitter and intense feeling of guilt which at present rages within bis wretched bosom. It is not a little singular, that the Justitia should contain at the same moment, a Quack-doetor, a mountebank player, a fair figurantefofsStepney, and an Opera-singer; yet such is literally the fact. )li,'