The Sun. — London, England, 1821-08-17 00:00:00

T 111:• LONDOiI JOURNALS. DAILY EXTRACTS FROM THE MORNING PAPERS, August 17. RNI (..; POST. - N Fresh links of the conspiracy which marshalled the people . against the Civil Power and the mili tary, are every day discovered. The existence of pre-organization is no longer doubtful, and it only remains to consider what measures ought to he taken to bring its authors to condign punish . ment. The subject, we have reason to believe, is in a course of examination, and should it be found that with all their care, the planners of that most audacious outrage have not been able to keep entirely without.the reach of the law, they will be made to feel the full weight oT the awful responsibility which they have in curred. The peace of a whole metropolis is not to be broken—the lives of the people are not to be sacrificed—nay, the very rest of the dead is not to be disturbed at the beck and pleasure of an unprincipled faction, who, by attempts such .as these, seeks to inure the ignorant and the de luded to insurrectionary movements, in the hope that.the time may come when they will be suf ficiently drilled to dare at once to undertake re voletion. That obscure wretches should assemble holes and corners to plot conflagration aild murder, would excite more horror than surprise ; for the act, however detestable, Would not be new. But that men should violate the sacred trust reposed itt them, and instead of maintaining order amongst the people, should secretly organize the means of destroying the public tranquillity, — that they should teach and prepare resistance, where they ought to enforce obedience to the laws and loyalty to the throne—that they should pervert the spirit of thousands, who but for them would have remained peaceable 'and dutiful sub jects, when they ought to give an example of steadiness and fidelity—these are deeds which, if theyshould happen to be proved, must create, not only deep astonishment and regret, but fiery indignation. Every sincere patriot must Atish that the matter should be seriously investigated, and the country has a right to demand investiga eon in order to obtain justice. [MORNING cintoNiCnt.] The Turks are in great force in Moldavia and Wallachia, _much greater than was imagined, w ith a numerous cavalry.—At Odessa there are upwards of 4,000 Greek Refugees, andthey were no sooner liberated from quarantine, than they commenced a wanton attack in open day upon the poor Jews!! Their Synagogue was plundered, and scarcely one of the Israelites escaped without damage to his purse or his person. A second riot had taken place of the same kind, and the Russian Authorities were actually afraid to touch a Greek until some decisive measures with Turkey were adopted. It is melancholy to' see men fighting., as it were, for their own - religion, making such an attack, and under such circumstances, on another. It ap pears that Baron Strogonoff was highly indig nant upon . hearing that his protest had been printed and published at Odessa. And it was the more ridiculous at Constantinople, as there litterally-Was not at the time a real Russian ship within the Bosphorus. [BRITISH PRESS.] It is noticed in an article -of intelliffence from, St. Petersburgh, as a circumstance deserving of particular attention, that the Russian Govern ment has established an Asiatic Museum, for the purposes of cultivating the languages and his tory of the Eastern Nations, and for promoting their political and commercial relations with Russia. We really are not aware that from such a circumstance, to which public attention is so particularly drawn, we should be justified in deducing motives on the part of Russia which might indicate any improper ambition. The promotion of useful knowledge is at all times desirable, and that Russia, enjoying as she does so many peculiar . advantages, should endeavour to cultivate commercial and political relations with the Eastern States, is neither new nor surprising. There is no evil in the political as in the moral world, however great, which does not provide in some degree an antidote against itself. raw— [NEW TIMES.I Mr. Waithman - may very fiirly and properly be asked, whether he .did not know that the King's orders were, that the Funeral should not pass through the city ? Whether he, as Sheriff, ought not to do his utmost to enforce obedience to the King's lawful commands—whether (upon his oath) he does not know that there was a plan formed to defeat the iiing',3.ommands—what he heard, and from whom by name, relative to any such intention before he - Set' out ? 'Whether he did not see ' and observe a riotous and illegal . opposition to the paSsage of the Fu neral through Kensington-gate; whether he did not see several horsemen, and whom by name, inciting and encouraging the riot ers ? Whether he took any, and what steps to quell the riot, or to secure any of the rioters ? Whether he did pot see brick-bats, stones,-mud., and sticks thrown at the King's troops) and wile- ther, if he himself had been so treated, he would have sate like Patience on a Monument ? We have not time to add one half of the questions that might and ought to be put to Mr. Waithman, since he thinks lit to thrust himself in the proceed-. ing before the Coroner. We would; however, bed to suggest one thing to the Coroner himself, which is, that great as Mr. Waithman may be at Guild hall, he is nobody on an examination before a Coroner's Inquest ; and that if he presumes,• by impertinent questions -or irrelevant remarks, to impede the course of justice, he should be silenced or committed. The Laws of England know no distinction of . per Sons : and even Mr. Sheriff Waithman cannot be allowed, on a matter of life and death, to violate those rules which are essen tial to the liberty and security 'of Britons. ..* We may fairly add to these questions of " The New Times," and ask Mr. Waithman how he happened to be upon the very spot where the fury of the mob existed in its greatest force, and the attacks on the military compelled them, at length, to fire in self-defence ? LAW INTELLIGENCE. SECONDARrS COURT, AuG. 15. PICKFORD V. ELLIOT. This wat a writ of.iinquiry to assess the damags in an action of asvault and false•fmprisoument, in which the defendant had sufLred judgment to go by default. A Special Jury had been summoned, but four Special Jurymen only were in attendance. The plaintiff's Cvnsel haying consented to a tales, the Jury was sworn, Mr. C. Pill ei U's proceeded tee state the case to the Jury. The action was brought by William Pickford, the plaintiff, against I lenry Augustus Elliot, the defendant, the recover damages for a trespass, an assault, and a fitiee imprisonment, and to recover the value of property, belonging to the plaintiff, of which the defendant had violently and wreingfully possessed himself. It might be necessary to inform the Jury, that the plaintiff was the son of one of the most respectable merchants of the City of London, who had been a Governer of upwards of 20 Charities, and who at the time of his death was the oldest Governor then living of Chriit's Hospital. Pis property, and, he trusted, his respectability, had devolved • upon his children, 'and Mr. W. Pickford was now a merchant of the City of London, and the owner of several ships, one of which was the Resource. The defendant, Mr. Elliot, was the Captain of a sloop of war, the Icarus, in his Majesty's Navy. In the year.lB2o the plaintiff went in person on board his ship to the Brazils, in consequence of the value of the cargo, which consisted chiefly of dollars to the amountof 400,0001. There was on board the vessel a carpen ter of the name of Patteson, a very skilful workman, whom the plaintiff' had occasionally indulged, when they touched at any port, by allowing him to work ashore on his own account, and althougte, he might have stopped his wages during such period of indulgence, he had never done so. There were some per : . sons in whom indulgence failed to create gratitude, and unfor tunately Patteson waS one of them. When the ship arrived at the port of Rio Janeiro, 'he asked leave to go on shore, but as Captain. Pickford had no pratique, es it was technically termed, with the shore, and as Patteson had abused the indulgence which hail beeri graeted him on a former occasion, he refused to let him go. Pa.ttesori became discontented ; and he contrived to communicate this discontent to the rest of the crew se that it rose almost to absolute mutiny. As the Icarus aioop of war was lying near the vessel, Capt. Pickford thought it rit in this emergency to apply to any ship of war which bore his Majesty's flag, and he accordingly ordered out his boat, and went on board the Icarus. He did not see the-defendant on this occa sion, but he saw a perfect Gentleman, the Honourable Mr. Maude, the First Lieutenant, who was at this time in Ireland, and who could not therefore, he regretted to say, be called as a witness in the cause, because, by a strange anomaly in the pro cess of the English law; a subpoena did not run to Ire land. , He represented the situation in which he was placed by the mutiny of the carpenter, and ..Nlr. Maude, with that propriety which generally characterises the officers of the Navy, instantly ordered a Midshipman, and. a number of Marines, to go on )board the Resource, arid bring the mutineer Patteson to the Icarus. Captain Pickford was at this time in a bad state of health, and in addition to the misfortune of a debilitated constitution, he had.a chililying on its death-bed at a•house in Rio Janeiro. He went on shore for the purpose of seeing-his child before its death, and while staying at the house hereceived a message from Captain Elliot, at the purport of which he was not a little astonished, for he was told that unless he repaired, within half an hour from the receipt of the message, on board the Icarus, and paid Patteson whatever sum he demanded, Capt. Elliot would send ah armed launch on board the merchant ship, the Resource, and take out dollars to the amount of Patte son's demand. The distance of the house from the shore, and the state of the plaintiff's health, rendered it impossible to com e , ply with the 'summons of the defendant within the time pre- scribed, and the plaintiff therefore wrote - a letter to Capt. Elliot, in which he deprecated the threatened outrage, and stated his readiness to make every effort iii his power to see Capt. Elliot as soon as possible. He accordingly did repair bn board the Icarus, and it was there that he had the misfortune of a first in terview with the defendant. As soon as he came on board, Capt. Elliott abruptly accosted him, by observing, that them had been a great deal of trouble in settling the accounts between him and - his carpenter, and added, " I desire you will settle them in stantly." The plaintiff said, he was quite ready to settle them, and drew a cheque for the sum due to Patteson. Capt. Elliot objected to the cheque, and said " Come, Sir, that iseiet your name; by G— you are falsifying your signature." The plain tiff irt vain protested that he was a respectable merchant, inca pable of committing such an act ; the Captain swore that he was a shabby fellow, and ordered a fresh cheque to be drawn for the whole sum demanded by Patteson. Upon the plaintiff's refusing to pay this suns, as it amounted to 91. more than was due to Patteson, Captain Elliot said, " If you do not pay it in stantly, I will tie you up to the gangway and give you six dozen lashes, if it cost me 5,0001." Captain Pickering replied that he was on board-ins (Captain Elliot's) vessel, arid that he knew he was in his Ower ; belt lie Would not dare to commit such an outrage upon him, When there were British laws to appeal to for redress. He requested the officers of the ship to give him their names, as witnesses of this transaction. Cap tain Elliot forbade the officers to giee their names at their peril. " And now for your insolence," said he, turning to the plaintiff, " I declare you a prisoner; send off his boat ; I will not take your dollars, but by 0— I will take your three top sails." This order was no sooner given than executed ; in vain the plaintiff represented the danger which would arise from dis mantling his ship in the event of a storm. Captain Elliot or dered out an armed launch to go on board the ship of a British merchant, and actually brought away the three topsails to the Icarus. The plaintiff was in the mean time detained a prisoner on board the sloop of war ; he 'appealed to the humanity of Captain Elliot to inform his wife of his situation ; his request was denied ; he bogged to be allowed the use of pen, ink, and paper ; this, too, was refused. It was lamentable to reflect on the degree of tyranny which was exercised on board a ship of was ; the autocrat of the Russias was not more despotic than the captain of an English frigate. But though Captain Elliot would neither inform the plaintiff's wife ofhis situation, nor al low a father to see his dying child, he could go on shorehimsdf for his own amusement, and as he probably learnt on this occa sion that the man on whom he had committed so gross an out rage, was one of the most respectable and honourable merchants that ever traded from the British shores, he thought proper, after the expiration of six hours, to give orders for his libera. time Captain Pickford applied, as soon as. he got on shore, to the authorities of the country, and a criminal warrant for piracy was issued against the Captain of the Icarus, which was only not executed because the defendant fled under the flag of Eng land from the port. The defendant had at first the hardihood to deny that he had committed the offence with which he was charged ; but, after some consultation with his legal advisers, he found it would be useless to follow up insolence and oppression by audacity in a Court of Justice, and he therefore confessed upon the record that he had imprisoned and plundered the plaintiff. The damages were laid in the declaration at 20001. and the Jury would see whether any circumstances of mitiga tion could he adduced to diminish those damages. Having now stated the case, he would ask the Jury, whether, if he succeeded in establishing it by evidence, it was not one of considerable ag gravation ? Let them call to mind the total absence of all pro vocation—the insolent language by which the outrage was ac companied—the prohibition of all communication with the shore, the scene, the defendant's vessel—the witnesses, the defendant's crew—the threats of the defendant,from which he abstained, and those which he actually carried into execution by the plunder of ht property and the imprisonment of his person, an impri sonment aggravated by the state of plaintiff's health, by the illness dins family, and by the rank which he most deserved ly held in society. He would not degrade any one of them by supposing for a moment that he would deem it sufficient to give his client reparation for the mere, personal suffering, how ever poignant, or the mere loss of property, however considerable, which be had sustained. Ile was persuaded there was not one of them who did not feel that he had a much higher duty to discharge, who did .not feel that he was that day called upon to tell the commercial community of this great Metropolis at what sum he would estimate such an outrage committed by a British officer upon a British merchant ; to tell the Navy of Great Britain whether their flag waved for the protection or the oppression of the people—to tell this armed and pre sumptuous innovator that we were not yet reduced to submit to either naval or military jurisdiction—to convince him that there was a power in England paramount to the sword, a power which patriotism created, which wisdom had nursed, and ages rendered venerable—the power of the law, which, while it maintained the rights of the proud and the wealthy, extended its fostering shield over the cottage of the peasant, and protected him against oppression, though mailed in armour. There was one way by winch the Jury might equitably estimate what da mages were due to his client. Let them say what damages, un der similar circumstances, they would claim for themselves,and he asked no more. Let them consider for what sum in monies numbered they would be content to undergo such treatment as his client had received ; let them consider at what price they would endure not only insult, but plunder—not only plunder,but imprisonment—not only imprisonment, but menaces the most odious and revolting. Let them consider, in short, for what sum they would consent to be told that they should be flogged at the gangway of amen of war, and beexposed to the jeers and deri sion of a common crew of hireling dependants. If any man were base enough to tender a sum as the price of submission to such indignities, would they not dash in the ruffian's face the proffered wages of dishonour ? Let them reflect, too, on the place in which the outrage was offered. It was not in one of our own ports, where his client's character might have borne him high and buoyantabove such indignities. No, it was on a foreign station, in the face of strangers, that a British officer, the natural protector of our commercial, interests, had presumed to degrade a British merchant into a slave. It was on a foreign station that he had insulted, plundered, and, imprisoned his client—on a fo reign station he-had Violated the law;-and trampled on the flag' of England—from a foreign station he fled beneath a red cross banner to escape a criminal warrant for an act. of piracy. In the name of the British navy, he protested against such an outrage; in the 'name of that flag which had never waved but in sup port of freedom and independence, he protested against such vile and unprincipled oppression ; he protested to God he almost merged the insult to his clients and to the laws in the outrage which had been offered to the commercial community of London, and the still greater outrage which had been offered to that sacred ensign, which for so many age's had borne our name in triumph through the world. He intreated the Jury to consider the case, stripped of all colouring, divt sted of all ag gravation. What excuse could the defendant plead, what pos sible palliation could he allege ? Would he say that his client appealed to him ? True ; but it was for aid, and not for oppres sion. Would he say chat his client was in debt ? It was at any rate a disputed debt ; hut even admitting the debt, who, he would ask, made the defendant the arbitrator? What isghthad he to plunder the plaintiff to the alleged amount? Who gave him pie right; a right which belongs not to the Monarch himself, to imprison without proof or process ? Who gave him authority to insult a respectable British merchant on his own quarter-deck, surrounded by his own myrmidons, where there was no chance of escape, no possibility of resistance ? Did he imagine that his uniform gave him the right of resorting to such l a wless vi o l e n ce ? He tiustelethe verdict of this day would undeceive him, and convince him that we were not compelled to submit to military or naval oppression. Did he suppose that the distance from Eng land took away the blessings which belonged to the birth of an Englishman ! He trusted the amount of the damages which they would this day assess, would teach him a different lesson, and convince him, that wherever the Briton journeys, he bears about with him the blessing of his birthright. It protects him at home, it walks abroad with him, like his moral shadow, it courses the sea, it traverses the deserts, it is indissoluble, inseparable, neither weakened by distance, nor changed by circumstances ; whatever realms intervene, whatever seas roll between the Bri ton and his home, he is still safe under the shelter of the laws, and protected by the guardian shield of the Constitution. They had this day a proud duty to discharge, 'and he was satisfied they would discharge it faithfully and conscientiously. ,If such an outrage had been committed by a foreigner, the Government would have taken it up ; it would have become a national con cern, and the foreign power would 'have been called upon to make reparation for the insult. tilfw much more odious was the offence, when committed by an officer wearing the uniform of the British navy, upon the deck . of a British man of war ! He committed his client's case fearlessly into their hands; he sur rendered it to their sacred consciences ; and he asked no more damages than they would themselves expect to receive, if they had been so plundered in their property, imprisoned in their persons, and threatened to be tied up to the gangway, and flogged,,. even though it should cost the defendant 5,0001. amid the jeers and scot:11:1gs of an hireling crew. He was persuaded they would return such a verdict - as would mark to the commer cial community of this country, their swornopinion of such treatment inflicted by a British officer upon a British merchant. Wm. Fuller examined. I was master of the Icarus in De cember, 1820. I remember seeiag Capt. Pickford, when he came fine on board the Icarus on a Sunday morning. I heard some conversation between him and Capt. Elliot about the bad ness of the provisions ; Capt. Pickford acknowledged they were bad, - but said he could not get better. The second time he came on board the Icarus, was on the 29th of December. I remember hearing a dispute between Capt. Pickford and Capt. Elliot about paying Patteson his wages ;the dispute was about a difference of 91. Mr. Pickford said, he was willing to pay him his due, but he was convinced he was not entitled to the 91. be cause he had worked out of the ship. Capt. Elliot said, " You shall pa him —l will make you pay him, or else I will keep yo u on board the ship." Mr. Pickford walked up and down the deck with his arms folded. Capt. Elliot desired Capt. Pickford not to be insolent, or he would flog him on the quarter deck, if it cost him 50001. Capt. Pickford said, " I know, Capt. Elliot, lam in vour power, but flog the at your peril." Elliot said lie would, if he did not pay the difference. He afterwards or dered Pickford's boat o% and kept him on board. Captain Pickford press:gest-against his detention. A boat was after wards.sent from the Icarus with an officer. 1 remember Pat teson being on board the Resource, and I understood that lie was sent on board the Icarus as a mutineer. Capt. Elliot or dered his men to unbend and bring the topsails of the Resource on board the Icarus. I should not consider a ship safe without her topsails in any vicissirtidoi of weather. The sails were brought on board the Icarus, and Capt. Elliot afterwards went on shore. He made no offer to take Capt. Pickford. I remem ber Capt. Pickford appealing to him on account of the illness of his family. As soon as the toriails were brought, Capt. Elliot ordered Lieut. Maude to send Capt. Pickford on board his own ship. Capt. Pickford then Laid to Capt. Elliot, " you know better than to keep me on board." Capt. Elliot said, " I do, do I ? then I will keep you on hoard till to-morrow morning, or at all events till further orders ; Mr. Maude, keep him on board !" Capt. Pickford said to Capt. Elliot, " I will thank you to let my wife know I am di/mined on board as a prisoner ; I ask you this, as a Gentleman, nln as a Captain in the Navy." I heard no answer to this request. Capt. Pickford then asked for pen, ink, and paper, which were denied him. The sails were brought on board hat afternoon, and were never returned. I heard Capt. Pickford ask for the officers' names. and Captain Elliot said it was not necessary. Capt. Pickford - said, " Gen tlemen, I hope you will take notice, I protest against this pro. ceeding." The plaintiff spoke shortly to Capt. Elliot, but I should have spoken more warmly myself, if I had been treated in the same way. • Cross-examined—The Erst time Capt. Pickford came on board the Icarui to charge Patteson with a mutiny. Capt. El liot appointed Sunday morning to investigate the complaint.— After an investigation of the complaint and an examination of witnesses, Capt. Elliot told Capt. Pickford he was satisfied there was no foundation for a charge of mutiny ; Patteson ap plied to be taken on board the King's ship as a volunteer, and was received. I recollect a long dispute about 4:9. Capt. Pickford said, that as lie had given Patteson leave to work out of the ship, he had no right to demand it. Capt. Pickford spoke in a warm way, but not insolently. The sails were sold for about £9 sterling, and the policy was given by Capt. Elliot to Patteson. I think they were worth £20.. Captain Pickford was ordered. to keep on deck, but Lieut. Maude afterwards asked him to dine with him. Re-examined.—Capt. Elliot was not on board when Lieut. Maude granted this indulgence, and I was first consulted as to the propnety of it. Capt. Pickford did not answer warmly until a considerable time after he was threatened to be tied up to the gang-way. Another witness was called and sworn, but the Plaintiff's Counsel conceiving that he had already fully' proved his case, declined examining him. Mr. ALLEY then addresSed the Jury in mitigation of da. mages. He contended, that the case, when stripped of all the verbiage with which the pla:ntiif 's Counsel had surrounded it, was one which called only for very moderate damages. However fluent the langu-age, and however dexterous the address of his Learned Friend might be, the course he had taken was directly contrary to that so luminously pointed out by Longinus. The assage to which he alluded—he abstained from troubling the jury with the words of the original—impht have taught his Learned Friend very different principles of pleading. There were many circumstances: which his , Learned Friend had stated in aggravation of the assault, which he had failed to establish by evidence. As' to the charge of the defendant's absconding in . consequence of having committed an act of piracy, it was basely false.l it was usual in cases of mutiny on board Merahaat ;V:es) . 4.alaa. if 1 4 44 s Skip- was lying pear, co call upon the Captain of the King's Ship to interfere.— In this case Captain Elliot' was referral to as the arbitra tor between the plaintiff and his crew, and he was satisfied that there was no ground for the plaintiff's complaint. As to the taking of the top sails, it was certainly an illegal act ; - but Capt. Elliot acted. under an erroneous- hnpression of the authority with which he was invested by the Act of '2 (h.o. '2. cap. 36. That Act enabled seamen on board Merchant Vessels, to enter as volunteers on. board King's Ships, and it empowered the Captains. of King's ships to - direet the payment of such seamen's wages : but it gave no power to', enforce the . payment by a sum mary distress, although a contrary impression prevailed among Officers in the Navy, and the practice had been to levy a distress on board Merchant Vote's, where payment was re , fused. The error which the defendant had committed, was rather an error in -judgment, than an error - of the heart. He' was not in a condition to •pay lare damages, for though Con nected with a family of high rank,_ lie was a younger brother, and his only patrimony was! what he could earn by his sword., Under all the ciretn)stances, he was satisfied the Jury Would consider this a case which called for very temperate. damages. The SECONDARY, after briefly recapitulating the evidence, directed the Jury to give such damages as they might think due to the woanded feelings of the plaintiff; and in adcricion to these, the value, whatever it might be, of the three topsails. In as sessing the damages they were bound, in point of law, to lay out of their consideration the -threats of the defendant, ,which formed no part of the assault and false imprisonthent charged on the record. • The Jury retired for a short time time, and returned with a verdict of—Damages for the plaintiff; ONE THOUSAND POUNDS. EX ECUTIO N.LJames Cazothorne, convicted at the Lincoln Assizes of the murder of his wife, was executed on Thursday, on the drop at Lincoln. Previous to his being brought out for execution, he made a full confession of his guilt to the Clergyman who attended him. TIIE ASSIZES. KENT ASSIZES-MAIDSTONE, AUG. 15. CIVIL SIDE. Before the Honourable Mr. Baron Wool). THE KING V. 1110-1AR1) MARSH. This was an indictment against the defendant, for assaulting and beating with a whip Robert A prey Webb, gent. once Town Clerk of the Bo rough of Folkestone, on the sth September last.— Mr. MARRY ATT and Mr. CHITTY conducted the prosecution, and Mr. AuoLpuus and Mr. PLATT the defence.—The case proved on the part of the prosecution was in substance this : The prosecutor was a gentleman aged about 50, and had been Town Clerk of Folkestone for many years ; and the defendant was a gentleman farmer, occupying land about five miles from that town. On the sth of September last Mr. Webb having occasion to call upon a Mr. Gammon upon business, stopt on horseback at a turnpike-gate, and inquired the way to that person's house, and was directed down a narrow lane, skirted by part of the defendant's land. When he got into the lane he found it very inconvenient, and per ceiving a gap in the hedge leading into a stubble field, he rode in, not knowing whose property it was. He had scarcely got in when the defendant came up and seized hold of the horse's bridle, asking him what business he had there, and swore he would be d---d if he would not do for him. The horse being high spirited, rose upon his hind legs, and the prosecutor was in imminent risk of being thrown off. He was then labouring under a fit of the goat, and had he fallen he might pro bably have risen no more. He informed the de fendant of the way in which he was afflicted, and begged him to let go the reins. The defendant, however ? kept fast hold ; upon which the prose cutor struck him over the knuckles with his whip, which made him loose his hold. The defendant then tried to seize hold of his knee to pull him off the horse, but missing his grasp, caught hold of the prosecutor's whip, and pulled it out of his hand, and began belabouring the prosecutor most unmercifully; His thigh was severely injured by the whip. He also struck the horse seve ral times on the flanks. The prosecutor rode out of the field as fast as he could, the defend ant following him, and swearing at in his retreat.- He returned to the turnpike-gate and asked the collector for a stick to defend himself. He. Was supplied with a stick imme diately, and then returned to face the defendant, and try to force his way down the lane. The defendant, however, made a bold stand, and be gan Cutting the horse over the head with the prosecutor's own whip. The horse became irri tated, rose on his hind legs, and pranced in the most alarming manner. In this state of peril the prosecutor, being unable to reach the defendant with thestick, made a full charge on the defendant, who, in order to avoid the consequences, scrambled over the toll-keeper's garden fence. After which the prosecutor pursued his way down the lane unmolested. The field into which the prosecutor had entered turned out to be the property of the defendant. It was a stubble oat field, and all the oats had been cut and the grain got in. Ad joining to the field were some turnips and beans growing. The prosecutor had been accompanied by two dogs, one a greyhound and the other a spaniel. Some jealousy, that the prosecutor had begun sporting too early in the season, it seemed, had excited the defendant's wrath. The prose cutor had told one of the defendant's servants, on the day preceding, to tell his master that he had killed a hare close to his house, but not on his land. The tollgate keeper and his daughter corroborated the prosecutor'i evidence to a con siderable extent. On the part of the defendant witnesses were called to contradict the prosecutor's case, and to prove that he had committed the first assault by striking the prosecutor on the knuckles.—lt seemed to be admitted on both sides, that the defendant had first seized hold of the prosecutor's rein before the blow was struck, and the question was, whether that constituted the first assault. The Learned Judge was proceeding to sum up the case, when The Jury interposed, and said they were satis fied—they were disposed to find the defendant Not Guilty. The Learned Judge inquired if they were all agreed One of the Jurymen said, 44 We think that the defendant, in seizing hold of the prosecutor's bridle on his own land, was no assault." Mr: Baron WOOD—" Then you are w rong, for it is an assault." His Lordship told them that the defendant was not justified in seizing hold of the horse's bridle in the manner described, unless he had previously warned the ciefendant against committing a trespass, supposing him to be a tres passer, and then he would only have been justi fied in.laying gentle hands upon the hers° or the rider. Here there was no such warning —the prosecutor did riot know that he was on the de fendant's land, and even if he had known, the law would not justify the violence used by the defundant. They were bound, therefore, in point of law, to find the defendant guilty, if they believed the evidence of the Orosecutor. If they did not believe him, that was another matter. The' Jury, after deliberating a few minutes, found the defendant "Not Guilty." CROWN SIDE. Before the Honourable Mr.lJustiee BunnouGu. DESPERATE BURGLARY. Emanuel Willis and John Cable were indicted for a burglary in the dwelling-house of the Rev. Dr. Piggott, at Mereworth, in 'the night of the 14th of May, and stealing therein a quantity of valuable coins and medals, and other property, estimated at 250 i. ; and John Friend was indicted for receiving some of the same property, knowing it to have been stolen.—Mr. Adolphus and Mr. Marsham conducted the prosecution, and Mr. Andrews the defence. The case against the Prisoners was made out principally by the testimony of an accomplice, named Nathaniel Ford, who deposed, that on the Ist of May last, he came into Kent from London, with the Prisoners, Willis and Cable, the first 'of whom he had known for twelve months, and the second for three. Witness was a butcher by trade. On the 6th ofMay, in the evening, they all came to Mereworth, and went all round Doctor Pig gott's premises. They had a crow-bar and spike bit, and a chisel with them ; they went into the farm-yard and lay down there ; they returned to London . next May. They all agreed to go to Dr. Piggott's on the 13th of May ; they met in the Mile-End-road, and went to the Isle of D'ogs, and were joined by another man, named Bell, where they crossed the river to Blackheath, and struck into the Maidstone road at Eltham, and thence they went to Mereworth, stop - ping.at dif ferent public-houses in the way. They lurked about in a wood close to the Prosecutor's house until it was, quite dark. Witness loaded 2 pistols, 1 of which he gave to Willis. They had a crow bar and 3 centre-bits, and - phosphorus in a bottle. When they got to Dr. Piggott's .there were two lights in the house. Soon after the lights were put out they commenced, operations. They took two panes of glass out of the area window, and a piece out of the shutter with a centre-bit. Witness put his arm in and touched the alarm bell,. which made a little noise.• He took it otf, opened the shutter and got in. The others gave him a light, and he . went round and opened the area door. W a illis nd Cable stopped outside to watch. They all had crape with them. The other man, named Bell, went in with witness. They took four coats out of the hall, 'and then went into the kitchen, Avhere they took one silVer spoon. In the next room they took some tea spoons, and some victuals which they ate. 1 3 another room they took some .bottles out of a hamper. They then went into the library, opened several drawers, and took a quan tity o f gold a nd silver coins. Willis pocketed thorn. In the same room they took two watches and several rings. They took 30 shirts and a great man,' handkerchiefs in' another room. , They also toOk three umbrellas and two pair of, pistols • the latter of which were throWn by. Cable into a pond in the garden. They then went back into the kitchen and made bundles of what they had go.t. Cable then came in, and they all ate and dratik and went away. The' other three put on a great coat each, it beluga wet morning. They had talc.en candles - with them. Their companion_ Bell had had a stick, which he left in the house. 1 11 . 1 .eY came back. towards Wrotham. They went iot° a wood there and left the great coats and som e shirts there. They put on sik shirts a piece, an d each had several handkerchiefs. Willis tied ur the gold and silver articles, and carried them oti• Witness had one. watch and a ring. They the" went to Northfleet, and. waited for the passagf boat,_ which they went in, and landed at I..ifn e ", house. They went to a Jew there about t«•-e 14 7 o'clock, and sold' all they. had brought w it ; them for 601., which 'they divid e d ainonZ s them. They kept one shirt each an d two hal' uc kerchiefs. Next day witness saw the prise', .Friend, and on. several subsequent days, Th e ' proposed to him to go to the wood, at Wrotbaril+ to fetch away what they_ had left there; t b i e T e did not tell-him hew they got 'Ore thir:g agreed B,-04„ej knew their course of lif e . - Il e agreed • he accompanied the res t t o Wrotham, 0" the Friday week after th e ro bb er y.' Th e y went. Gravesend by water, and froin thence to ‘V .f° l tham, where they found the things, and div' L ' e, them. All the prisone r s w ere a pp re h e aed at Meopham, on their return from Wrotham• kea t ° On his cross-examination the w itn ess s a id, h e Was ssHz turn King's evidence, and told it would be better fat him'• had followed tine life of a thief for a long time. .fle 1 /„. 3 . 5 gaged in one robbery at Belsham, a t Suffblk ; one et Oa k s Kent ; one at Rayleigh, in Essex ; a nd se ve r a l i n Ess o • 4 had robbed two or three churches ; the last was :here church ;he had originally proposed this robbery-- ifiro2 " A great number of witne ss e s were th en examine d, to C°„ h i c b the accomplice in a vast numbe r o f mi nu t e p ar ticulars, he detailed in the course of his evince. of The Prosecutor's butler and his cuachman proved th,„,e ,grin the house next morning after the robbery, which fall • ed the story told by Ford. • Dr. Piggott said, that the whole of tote property be h. It would have amounted to 2501. at the least. 0415 The prisoner Willis declined saying anyYct re 'in his defence. Cable o nly d e ni e d the specting the handkerchiefs. Friend 1 118 " ar t defence. No witnesses w e re call e d on the p ar of the prisoners. • The Learned Judge then proceeded to Of the evidence to the Jury, cautioning them i t tend with great circumspection to the ea'.a steel might have upon the case o f F r iend, eon" „ yes . with that of the other two prisoners, whose would be forfeited to the law, if the crime c Toye d. ! ed upon them by the indict men t was p t he His Lordship then recapitulated the who'c ~. evidence with the greatest particularity an pr e vision, and concluded by leaving the caseet' trr ro , to the Jury, as one peculiarly within their r vince. 6009 The Jury, after five minutes' deliber i found all the prisoners " up Sentence of death was immediately passe" e s o f the prisoners Willis and Cable, and no 11 °P anytnilde.c punishment was held out to ` The prisoner Ford was sentenced to 14 .Yretattl: transportation.—The trial lasted from nine' morning until half-past three in the afternootl. A v r DROWNlNG.—Yesterday morning the bou) a very genteel-looking middle-aged man the found floating in the Regent's Canal, nea t bu t Harrow-road.—llis pockets were searched, rf nothing was found that would lead to a disco “ . the of who he was.—The body was conveyed t° - f o r - Race Horse. public-house, where it now li e ' a Coroner's Jury. BIRTHS. • ,corig l Yesteiday, at Carshalton-lodge, the Lady of P. 0 Esq., of a daughter. On the 13th inst., at Rolleston Hall, in the County o f its'4. ford, the Lady of Sir Oswald Mosley, Bart., of a son' ..// DIED. of On the 10th inst., at his seat Ashley Park, Surrlyr 0' Ma Hall, in the County of Cumberland, aged 4 9 / A i ieos Fletcher, 13att. lie has left issue two sons and two 49 ,0 8 0 1r/9 and is succeeded in his titles and estates by his son , aged 13 years. On Wednesday morning, at the house of his brotW•ll.ilie Abingdon-street, Westminster, Joseph Jordan, Esq . Island of Barbadoes. On the 12th inst. Justinian Casamajor, Esq. eldest `o ff the late Justinian Casamajor, Esq. of Potterelle, Herts. Yesterday, in the 81st year of his age, Francis Ilsrg' s jol. Esq. one of his Majesty's Counsel, and Recorder of Liverl itc y. On the 10th inst. at his brother's house, Rodden, the John Lewin Sheppard, aged 28. -- • c t LONDON : Printed by J. B. CARSTAIRS, of. No. 21. 1 ,f .rel Ormund-street, Queen-square and published by 14 :4u,; SCRIPPS, of co. 7, South Molten-street, at THE -„ 0 , OFFICE, No, 112, Strand; where Any rirrisE3lo, :- ORDERS, LETTERS, &c. (post-paid) must be addrt.:W47•.. I I • 11 I,; en R 1 of Of at te st,