The Sun. — London, England, 1821-10-03 00:00:00

THE LONDON JOURNALS. DAILY IEXTRADTS PROM THE It 0 RV! NI4 PAPERS, October 3. IMO RNING HERALD. .__We had no foreign a - rrivals up to a late hour last night,. and the state of the Continent in ge :Feral is such, that as there was no anxiety, so thtre is little disappointment.—Private letters describe some bickerings between the Portuguese Cortex and the King, but we suspect of no im portance ;—and the " fresh eruption of revolu :tionary lava," which we were told was to de solate Spain,- has subsided in the most harmless manuer. The Greek - insurrection, and the rela tions -between the Porte and Russia, have become flat as an oft-told tale. Perhaps the greatest disappointment, mused by the contrary winds, is the want of intelligence of his Majesty's progress to the capital of the Netherlands. [THE TIMES.] As-address from certain of the citizens of Val, ladolid to the King of Spain is given in our paper -of this day.—(See another column of THE Sus.)—lt is a remarkable document. !3y the courtiers of Ferdinand—by the ;Ultra portion,.of the old Spanish nobility—by all who consider thethselves the victims .of the new Spanish con stitution, and whose intrigues are hourly directed to its overthrow, this address . and remonstrance. from Valladolid to King Ferdinand"will be called an insolent, - revolutionary, and jacobinical pro ducton_ SO will it, and so would any but an address of thanks and adulation, be termed by sotniv;erviles-amongst ourselves. But although vehement,, nd perhaps indiscreet,. eye not con sider ,this paper as criminal,•nor the motives of its authors to have been unfriendlY towards' the King. The immediate object - of .rt seems to .be to . Ot.Ain from -Ferdinand's advisers.-some-clue to the cause of Riego's dismissal and' banishment. it then launches out into a general .and; pointed reprehension of the. several abuses of .the royal power which have taken place since the re establishment of- the constitution.;. the corrupt arid unprincipled 'appointment to office of persons disaffected - to the callse of liberty . ; the replacing of all; the Officers of -Justice . whom the Cbrtes had-suspended with a view to inquire into their conduct, and which the remonstrance describes' to be " . a slap in. the face" to the .Gtrtes ;.• the insidious outcry raised against a supposer're . - publican party, for the purpose of misleading the unwary, and• alarming the timid ; all these . mis deeds -the people of Valladolid-assert are direct plats against the ConStitution," and they fore-. warn the King, in very plain language, bf the probable consequence of persisting in Now', if . the abuses really exist, of which- the petitioners complain so loudly, we feel pe - rsuaded that they deserve well of the King for ha . viug - told him truth, and .for -having-predicted to,- .him the wretchedness into which he. is" apparently- pining- ing. have. ourselves, -on ,s,everal occasions, admonished. the authors of 'great public evils, of what misfortunes they Were likely to produce; and instead of being thanked for our honest counsel - , we have 'been railed . at and vilified by the-- tertnaganti:of:offite, - for" ..cre'ating the cala mities. against . Which .we strove to warn them. To advise a foolish man to abandon his inclina tions, is ever ungrateful, .as it is .thiprOfitahle. Ferdinand is told,. that although his:person may be inviolable, its inviolability is not like that of the Alps or Pyrennees—it is not lifted. like them aboie the storm. The inviolability of a-Kingis not proof against the accidents of a yeyoltition, which devours alike the monster Robespierre and the meek and conscientious Louis. Once :more' we say-, that the ,charaCter of this docurnent must be 'decided, not-on groUndS of taste, but Of truth. If the murmurs' and 'menaces which it breathes have nbt Wen in' reality' proVoked by .the .Go vernment,"th.e authors of it ought to be punished by the law. But if the King and hiS Ministers feel within therriselves that the grieVances enti, merated doexist, they would do well to bethink themselves in -time, that the' representation of their consequences. ought : to be received as a • salutary lesson. TafOIINING POST.] - • A fter-all -the , attempts made to mislead public opinion :with respect to 'the legality of,alloiving soldlers to fire-in self-defence, when. violently assaulted by the people in the execution of a law ful duty, it is gratifying io'find the question set at rest in a manner 'which. the Radicals them selves cannot 'consistently impngn i —by the ver diced:37./oy. This has taken- place in our sis teeisland, which has lately afforded us so many sanitary examples: to follOW;". and. the details of the important case will be found in a -preceding. column: It was a trial on a charge Of niutiler, alleged to have been committed by the military under circumstance's strongly resembling those which attended the death of Ifone'y during the Queen's funeral, with this .exception, that the resistance' and acts. of hostility :dispheyed.:lfo wards the Dragoons in Ireland did not amount' . to the hupdredlh part - of‘.the provocation given,: and the in j ury. inflicted upon the Life Guards in• this polished and well-ciVilized nietropolis.— On the ocCision.in question; the Sub-Sheriff of. the.county was escorting, with a party of mili tary and peace officers, a number of, Rilsoners acrosi . a rhouiliain, froth one gaol to another. In doing so T he was obstructed, or conceived himself to'be - sNbyan assemblagb of people, who, how ever; did not, proceed to. any act of violence to' interrupt him. , . Thinking some of the Multitude too near, , for the safety of himself and his pri soners,. he ordered.a dragoon to ride up and re move the crowd to a gteater distance. One of_ the latter struckithe dragoon's .horse twice • or thrice with .a.spade.. On seeing this, the. Sub Sheriff ordered the men under his 'command to. fire, and one of the .ni - ob was killed. At the trial, the .killing of the man by 'the per son..at the- bar 'was admitted ; . and the de fence -was, a justification . of the act . on le gal , gronnds. - The law of the case was: laid down by Ni:JusticeTletcher, ,who, during the. whole di long life, has had the character of the most-upright and independent Judge on the IriSh bench, and is one of the most patriotic and po pular men in the country. As a lawyer, his re • putation is also confessedly high. He declared that " he had no hesitation. in saying, that if -Un fortunately thirty or forty of the misguided per.; sons who were tumultuously assembled had been killed, it would not have amounted even to man slaughter." We have given the fullest report of his charge to the Jury in this instance; and it will be perceived that the law which he stated ap plies to all the events of the Queen's Funeral.— The fact of the Sub-Sheriff, o❑ the one occasion, having ordered the party to fire, and there being no such order on the other, makes, according to the.authorities quoted by Judge Fletcher, no difference of actual moment. The public will also observe, that even the case of Sir R. lirilsoo, from what is known of it, appears to be included in the law authorities cited by Judge Fletcher. We recommend the whole of this trial to the most serious attention of our readers, particularly that portion of.the Judge's charge, in which he demonstrates that concession on the part of the Sub-Sheriff 44 would only have degraded the law, increased the audacity of the mob, and :led to more serious consequences." Let those who witnessed the effects of concession on the day, of the Queen's funeral, deny this if they can. • [BRITISH PRESS.] The general character of the markets, result ing from the accounts in the Provincial Papers we have received, is that of full supplies and drooping prices. The harvest is now drawing to a close, and although the crops have suffered from unfavourable weather, the loss is trivial in comparison with-what was lately anticipated.— At all events the produce, joined to the large stock on hand, must dissipate all apprehension of scarcity - this season. We are happy'fo find - that-the spirit of conci liation inculcated by the Sovereign during his visit to Ireland, continues to influence .the.. Go vernment of that country.- Its political state is also highly satisfactory. The circuits generally - have not presented heavy calendars, and none of them have any feature of sedition or conspiracy tending to disturb the public tranquillity. The county of Limerick,we regret,isan-exception to this rule.' The accounts of barbarities exercised in it cannot be read without horror. Murder suc ceeds to murder , even before the . Judge -has -passed the bounds of - the county, with -such .rapi dity that fou r or five individuals have suffered in the course of so many days..• These atrocities are not committed in the dark: . Such is the pitch - of daring to which guilt has arisen, th e y are per petrated in broad- day-light, in the presence of- the police, and in defiance almost.ofrie. mili tary. Armed gangs' have paraded through-the villages seizing--arms; and, in short, all_authority seems to have been held in contempt.--;-.(Mid.): •DrEvr Tutics.j • . . ,The prevalent: opinion is that the Ports will *not be opened to Foreign, though they possibly may to BritiSh American Corn_; and conseqbeiitly it'may be hoped, that while no great advance takes place in the price of bread,tlre Fruitier will not suffer by airuinous competition in-the supply of grain and flour. On• the other hand, - manu facturing labour is very generally in demand throughout the country : and the workmen being in full employ have neither time nor inclination to listen to seditiOus.agitators, or, to read, sedi tious writings. The circulation of these latter, too, has been So'rouch - checked .by the Beneficial activity of the Constitutional. Association, that the traffic in them has' 'become . circumscribed within very narrow limits: and upon the whole the tranquillity and comfort' of- the lorVer 'Or ders of society has - not for a long ,time :been. So marked 'as, it is at present. Foreign, policies present no cause of apprehension to us ; for the alarm of war between Russia and the Porte has subsided ; and though ;Spain and Portugal are reduced to a state of the most pitiable wretched ness and - degradation . by the prevalence of a frantic revolutionary faction, yet every-one-sees , that those evils cannot spread beyond the Penin iula: and even there,. it is to be,hoped.that the", evils will:speedily care themselves. The Sepul- ' vedas and _Riegos -haVe nearly thrown off:'the inask,and will soon- be_keen in their truecolours by their respective countrymen. Meanwhile-the prospect of settled calm, at'horne,. and sence 'of danger, to our interests abroad, pro- duce a most gratifying effect an our finances. The Revenue is improving, arid the expenditure is diminishing. ltetrerichrent proceeds surely. though cautiously, and the Taxes become daily more and more productive: Lyon The ON I ones lacks matter fOr its dull and dispiriting articles; and ter want of-other matter to feed disaffection,l it is fain to vent-a 'doleful declamation on his'' Majesty's visit to ilanover, and the appointment of the Lords. Justices to act as a Council of Re- . geficy during his absence! These circumstances which we have noticed, sufficiently account for the recent advance of the fonds, which has been' steadily progressive, and promises much further improvement. . The foreign securities rising at the same.tirrie afford proof that our own stocks are not merely operated on by partial spec Ul a, tion, but partake of an influence arising from the general state of credit in Europe. Our. Three per Cent. Consols left off yesterday at 77.4 for the Account ; and the French Five,. per Cents. were on Saturday 88, 60. [MORNING It is amusing enough to. observe bow- philoso phically a Morning. Paper disposes of the ap prehensions entertained for the unhappy Greeks, by assuring-us that " they have been forgiven." The injured are never forgiven. Proprium mani generis- est, odisse, quern laieris. It is init in the nature_of the oppressor. to forgive the op pressed ; conscious of having done a wrong he dreads retaliation, and naturally expects to• find. aniiroplacable foe in the conviction of having. .deserved one ; in this he is seldom disap, pointed. There is an elasticity it r the subject of oppression admirably described by Berke, and, strikingly illustrative .of the reesent.strug- : . gles • of the Greeks: " 4 Wherever The heel of op, pression is raised, trodden misery s prings. up and. looks abroad for vengeance." The war between, the Turks - and Greeks is of an essentiai-ly national character. l t is not a war between Governments (as was our last with France,) in which the pee-. pie take little part or interest, each individual Greek se-es his immedate oppressor in a Turk, and thirsts for revenge for his wrongs. The late. hu miliations of the Turks are also not calculated to mitigate the native fierceness of their character ; they hate asthey despise the Greeksond will wreak on them the irritation occasioned in theiroverbear ing dispositions by the assuming dictation of Russia. But then we are told, with grave simplicity, 44 the Greeks have been forgiven." Ministerial faith in the virtues of a State Paper may be great, but we are disposed to think that Canute's right Royal-commands to the elements were not more unavailing than the cold formality of a proclama tion will prove lobe on the heated passions and insulted pride of the domineering Turks, who are not famed for having that reverence for State Paper which our cotemporary may be sup posed. to entertain. The evil passions may be roused, they cannot be. - calmed by the word of a Sovereign. .But, says be, " History affords few, if any, instances of attempts to extirpate several millions of men at once ; and such a project is not at all suited to •the phlegmatic habits of the Turks." We did not conceive that the scymeter would be applied to the neck of the people to annihilate them at one stroke ; it is. difficult to get a nation into an . _ attitude con venient for ,this compendious execution ; but the Greeks have not much reason to' be satisfied because the .destructive blow may not styite them all, several millions, as they are, at once ; the extirpation can be effected as effectually, agree- . ably to the phlegmatic habits of the Turks. But the gist-of the argument (if so we must describe it) of the Journal alluded to is:, that the massacre will not extertninate the whole nation.-- "-We say the Turks cannot and will-not massacre - the whole Greek 'population ;" and it rests per fectly satisfied in this conviction—they may not all be slaughtered in the event of the Turks gaining the ascendancy . , and therefore we should look on with- indifference ! This. may, no doubt, be a very consistent and 'appropriate 'mode of thinking for the organ of the Bridge-street Gang, but it is strangely at variance with the humanities. HOWARD AND GIBB'S BANKRUPTCY. The Commissioners held another meeting un der this Commission yesterday, when Mr. Ca' rrol's claim to prove for three bills of exchange for 13,2071. - came under consideration. - Ilis proof was opposed on behalf of.the other creditors, by Mr. Treslove and Alr:Pollock. • Mr. Carrol having been sworn, now •tendered his proof i and in answer to_ the questions put to him by Mr. Treslove as to the consideration given for:these bills, said, that on the I.sth of Sep tember, •1820, Mr. Gibbs applied to him for the loan of 3750/. for a few days.:lle was very pressing, and at length Witness gave him a cheque on his.banker for that sum. When the promised time of • payment arrived, he applied to Gibbs for the Motley; Gibbs was not provided, but de sired that he would draw on him . at seven days, and the-bill should be paid. He - did so,-but the was. not honoured when due, and this was the first bill .he now tendered. There might have been another account between him and• Gibbs at thisAhne, but it was ,distinct - from this transac tion, and .he could say nothing about it. • Ile came to prove on these bills,. and :was: not pre pared to answer as -to the-particulars of any other account. There were two accounts ; One' called the old,account, 'the other the temporary loan. account. Neither account - was- settled; because. this bill of 37501. was not paid. The temporary loan account consisted 'of three items ; the bill of 3750/.4 one of 55371., and one of 39201.• The old account had codling to do With•tlieSe bills. . • In_answer to-a question of,Mr.Treslove's, When. was, the' old. account last balanced ?• Mr. Carrot .wish you to.underSfand - -at• once, Mr. Tresluve, that I came here to prove on three dis tinct .Bills of -Exchange. The full value for which'[ have-given free from all usurious consi .deration whatever,.and totally unconnected With any other:transaction. I thergore respectfully submit, that I. am fully entitled to' prove for the amount of these bills withou.t 'going into any other transactions; when I subinit any other I shall then be prepared to answer What-: ever questions may be put i-citne on the subject.'' Mr. Treslove had nu wish to give Mr. Carrol 'unnecessary trouble, but he could not be iatisfied with. this explanation, and" he must repeat 'his :question. • - -Mr. MoNTAGuE. -objected to the question as irregular. The Commissi - o - NEas decided, that it might be pit. If Mr. Carrol declined to answer, he . Would not he .allowed-to prOve. - • .Mr. Ca rrol—l am not prepared to answer these qUe3tious. • The CommrssioNEns---Then we have nothing to do but to adjourn. Mr.*Carrol- said he could not, answer 'these questions without the advice of his Counsel. Ile had not expected - such• questions, and was not : prepared to answer. lle could not but Consider the conduct Of the Commissioners as abrupt to wards. him, as they were now acting contrary to a former decision on the subject of bills of exchange. • The COMMISSIONERS agaill observed, if Mr. Carrol declined to answer they had nothing fur ther to do but to adjourn-.--he had better answer. Mr. MONTAGUE observed, something might be all Owed for the feelings of a Gentleman writhing under the loss of 14,0001., and a little irritability was excusable. Mr. Carrol said he could not answer these questions except by reference to books and pa pers ; he did not come prepa'red, as he . did not suppose it would be necessary.. After some further conversalion, it was deter mined that Mr. Carrol should be at-liberty to go into - further proof at the next meeting-. . . There are three-brothers residing within the paris4 of Penicuiek“rear Edinburgh;- whose united ages make 259 year 4, 'and 'all of Then' enjoy their full mental faculties. iN - TIMESTING TRIAL. WATERFORD ASSIZES, SEPT. 26. TRIAL OF MICHAEL CROSBIE FOR THE ALLEGED MURDER OP JAMES BLUETT. This prisoner, Who had been arraigned on the preceding Saturday for the wilful murder of James Bluett, and had pleaded Not Guilty, was this day (Tuesday, Sept. !8,) put on his trial, before the Hon. Justice FLETCH tit. Michael Troy, the first witness far the prosecution, sworn and examined by Mr. Hastivrox.—Witness lives at Clashmore. Recollects the evening of the day that the Sheriff', Army, and Gentlemen, were on the mountain of Slieve Grine ; knew Jas. Bluett ;he is now dead. Saw two men turn out and fire oppo site the place where Bluett was, and saw Bluett fall. Witness was .60 or 70 yards distant; saw the prisoner at the bar there, (Identified him.) Prisoner was one Of the men who so turned out, and who so fired. Saw Bluett when dead ; he did not see that he had any arms. It was about sun-set, up a little towards' the mountain, near to Monenacrine. Cross-examined by Mr. 111‘ Do uo Ar. r..—Withess was not one of the mountaineers. Did not hear a horn sounded, nor any person shouting ; nor did he see any person make an attack on any of the dragoons. Second witness for the prosecution, William Ronayne, sworn by interpreter, and examined by Mr. SlllEL.—Witness lives at Coolebagh. Was on the road leading from Ciashmore to Dun garvan in the evening. Saw Bluett, both when alive and after he was dead. He died by a gun shot. Witness saw the priso ner there. (Identified him in the dock.) He is the man who so fired. - Witness saw him present his gun towards where Bluett stood, and discharge it. Cross-examined by Mr. Moon.—Was not one of the moun taineers, or rioters. Hid no gribbeen or spade with him. Heard no horns sounding, nor shots fired, nor shouting. Saw no crowds, nor did he see any hats thrown up ; and dal not see any attack on any of the dragoons. Third witness for the prosecution. Thomas Hayes, sworn and examined by Mr. HASSARD.—Recollects 'prisoners being escorted from Clashmore to Dungarvan, on the 19th of June last.—Did not see Bluett that day, but did the next morning : he was then dead. Saw 'the prisoner fire a shot. Prisoner 'was a constable, and one of the party.guarding the prisoners, and was in the ranks amongst them. Cross-examined by Mr. M‘Douoat.L.—The guard was greatly diminished before they left Clashmore ; they had then only a, small party escortingthe. prisoners, 36 in number.— When they got into the mountain, he saw a crowd coming from light and left; heard horns sounding ; and heard and saw people shouting, throwing up their hats, and • snaking signals. The 'crowd increased every moment ; they had gribbeens, slanes, and stones ; if collected together, there would be upwards of 300. Witness expected nothing but death, or to liberate the priso ners. Heard a man call out, " Come on; they.have nothing but powder !" Heard Mr. Maunsell, the Sub-Sheriff, repeat edly call to the mob to keep oft. Saw men to . the left of the road, with slanes ; a dragoon went towards them and shook•his sword ; saw one of the men make repeated blows with his slane at the dragoon, and heard the Sub-Sheriff order the party to tire at him. No shot was fired previous to this order. Wit ness expected that there would have been more people shot, as some•of the mob were within six feet of the soldiers and pri soners. Sawa rifleman take aim and fire ; heaid one of the riflemen say that he was sure he left a chicken on the mountain for them. Daniel 1 1 raher, fourth witness for the prosecution, was .next produced, sworn by the interpreter, -- and examined by Mr. HA MILTON.--Witness recollects the evening of the not on The mountain. , Knew Bltiett . personally ; ,saw him coming up where he was shot. Would not know the prisoner. • This wit.: ness was not cross-examined: • Case for the prosecution here closed. nr. Maunsell eras now called as a witness on the part of the prisoner. • 'Witness is Sub-Sheriff of the County of Waterford. Recollects the 19th of June last ; was on the mountain that day, and had 36 prisoners coming from Clashniore to Dungarvan. Had 15 of the rifle corps, commanded: by Lieut. Cochrane, Abut six dragoons, and_ some constables, six or eight, as his guard. As witness was going out of Clashmore, saw two or three men,. mounted on horseback; "gall Oping furiously- past witness's party,-towards- the - mountain. • - 'When witness and his party•got out of the encloSed land; lie heard horns sounded on the left, and hoard them answered by'shonts from several par ties or the right. 'AI first he could not distinguish or see the persons who were shouting, but - as he 'got • farther' on he saw them shouting "and-Throwing up their hats; as-if to excite each other. "'There was a great number of persons-assembled in Par ties, and closing -- towards -witness and his party oh every side, particularly on the right. Witness repeatedly - and loudly called out, and warned them to keep off from hiln and his party. The crowds intimidated some 'men :drat were in' front 'of witness's .party, and they came to have the benefit of - escort 'across the mountain; as they checked . his.progress 'he made them go to the rear, and then proceeded with the partt.' As they advanc-' ed farther on, ten.'ortwelve men-, armed with slaves, advanced. on the ' road in- the front-of 'and:approaching towards witness's - party: • There were Upwardibf-'2OO men -more near him, and Upwards "of• 50- in View of bins ui different direetions..Witness rode at the head of his party, and orderetrthe people Sandvane-• Mg on him - to - Truk the road; one-Of them answered that he had as good aright to the road as •iVitness witness said be had-not; for that 'he Was the-Sheriff, and had prisoners and a party-of' Jhe army 'escorting them—and said if they did not quit the way he should Make-them-do So/. On this. they stept a•few pacts to the left on the road, bneWitness did net think it safe to-pass so close to them, .and therefOre he ordered the dragoon on that -side -to remove them farther 'from the road.' 'The' dragbons . went to perforth this 'duty. Witness saw one . ofthem' shake his sword at the men to retire. One-of the party took uphis slam, • and made a-blow at the dragoOn, which struck his horse on -the • head ; -the horse shriink back ; the diagoon gave him the'spurs and pressed him again towards the man, who then made a se cond stroke with Ins slave at, the dragoon, which the dragoon *parried with his sword, and the man had his slane lifted to make a third blow at:the dragoon, when witness,, considering 'the life of the dragoon in danger, and that this attack was the coo .mencement of a more general affray and attempt to rescue the prisoners, and that the lives of his party and himself Were io danger, therefore ordered that the•gaid person should he tired at-which was immediately-done, and witness saw him fall. Has tstAitiubt but the mob were determined to rescue the prisoners, and witness thought himself and his party-in great danger. Cross-examined—This happened late in the • evening, -later. than the usual hour when men break off work. It was tue 19th Of June, and it was night-fall. before they got over the moun tain. duriosity might bring a number of persons together-on s.u.ch . an occasion; and they might have with them those imple:- inents used by them in the course of the day. Was examined •at the inquest, and 'swore then as he'does now.', Could not dis tinguish which, of the party fired, or which- 4kl not fire. •Ceu!d not say-he saw any -other person' attack hii party,- hisattention Was then so engaqed.with thealTray with the dragoon.. Did not see how others-or the' mob conducted themselves, .his atten,.• tion being attracted to the • point where he saw the man en gaged with the dragoon. The mob were them very close Twenty of • the prisoners were handcuffed, and witness: did- not dread -them much; but. there were 'sixteen of the Prisoners who were neither handcuffed nor tied, as the witness .had no more handcuffs, and could .not get ropes .in Claslimore.. .Witnes-e pressed forward with 'his party, and the mob 'got intimidated ;. and when -witness turned round, he--saw them .crowded routed , where the man fell; 'Case for the Prisoner closed. The. Learned JUDGE, in summing up, called the attention of the Jury to the evidence given before them. He said it was not denied that a person named Bluett had unfortunately lost his life by a gun-shot wound, but tire point for the Jury to consider was, whether, under the cir-7 cumstances detailed to them in evidence, there appeared to a reasonable mind a - necessity to fire on the party they heard described as being as sembled. The material facts disclosed on the trial were, that Mr. Maunsell,. the Sub-Sheriff, Who appeared to him (the Learned - Judge) to have conducted himself with caution, modem- . tion, and humanity, on the occasion, was, with a small party of soldiers and constables, one of whom was the prisoner at the bar, escorting a great number of prisoners, that-had been that day taken in the act of committing'the outrages the Jury had just heard of ; that, on the . Sherilf and his party leaving the town of Clashmore, _horse men were seen galloping furiously past them, in the direction of the mountain over which they had to go; that as the Sheriff and his party got farther on, and out of the inclosed lands,Aarns were sounded and answered by shouting of se veral persons, throwing up their hats, and mak ing other concerted signals ; that a vast number of persons, 0f... the 'description and armed as• the. Jury 'had heard,- had collected tpgettier in diffe- I rent bodies ; and - ) though repeatedly warned to: keep off', *ere closing on the Sheriff and his party ; and that one df them actually attacked and made repeated blows of a sharp instrument , at .a dragoon of • the Sheriff's party. here- the Learned Judge, declared it was his duty to tell the Jury what the law was, and. in a most able . and eloquent manner, which it was not possible for us to attempt to follow, repeated to the Jury the doctrine of the law, as expressed to . the for mer Jury. [The following is the law as laid down by ! Mr. Justice FLETCHER on that occasion :I -Gentlemen, where a large mass of people -as sembles, and continues to assemble, contrary to the orders of the Magistrates, and of every other civil authority, and creates terror in his Ma jesty's subjects, und ou bt e dly suc h assembly is riotous.—(Here the Learned Judge read thefol. lowing extract from a recent work, Russell mn Crimes and Misdemeanors, which he highly euln" gised, vol. i. p. 335.)—" If any person, seeing. others actually engaged in a riot, joins himself tO '..them, and assists them therein, he is as much a rioter as if he had at first assembled with them for the same purpose, inasmuch as he has no pre7. tence that he came innocently into the company, but appears to have joined himself to them with an intention of seconding them in the execution of their unlawful enterprize ; and. it would be . endless, as well as superfluous, - to examine whether every particular person engaged in a riot was . in truth one of the - first assembly, or actually had a previous knowledge of the de-; sign ; and the law is, that if any person encou rages or promotes, or takes part in riots; whe ther by words, signs, or gestures, or by 'wearing the badge or ensign of the rioters, he is him Self to be considered a rioter, for iu this case all- are .. principals. The inciting persons to assemble ill . a riotous manner appears also to have been con -7 sidered as an indictable offence." - His Lordship then . continued—" It is not only lawful for' the civil authorities, but it is their bounden 'duty,. and they only are authorised, to assemble -a forcer. . -and even, if necessary, to 'call out the military. to disperse such illegal and dangerous meetings- No person can accuse me of a wish to - call forthe assistance of the military, whenever it can be dispensed with ; but. 'you have heard the ea.., dence, and I have no hesitation in saying;that if unfortunately thirty-or forty of the misguided persons who were so tumultuously --asserriblea had been killed,- it would' not have amounted ~ even to manslaughter. The law is thus laid deiv, l \ in the excellent work -which- I have alreatlY: . quotedo/01. 1; page -7-58;-:--" Amongst - the done by the permisSibti - of • the law, far the advancement: 'of public justice, may be rec koned those - of the officer who, in the ex ectr" tion of his office, either in a civil- or 'crimina l case, kills 'a person who - assaults and resist!' him.. The resistance will justify the officer in proceeding to the, last extremity-, so - that in all . cases, whether civil or:criniiiial; where' person 9. having- authority to, arrest or imprison ; and' using the proper means fer . that purpose, are 'resisted in so doing, they may repel force With foree,`and need not give- back ; and if the person:making .resistance is 'unavoidably killed- in•the straggles, this homicide is justifiable." A riot, Gentlemen, .is a heinous- crime, and- one which contern plated and' punishable - -by law. Aily. per Son present at'a large and riotous meeting, although.. he may -not be- actively engaged: in com mitting an outrage, is in point of.hiW gu ilty o f thecrime and for this simple reason, -obvious to cOrxtrnon., sense, that 7 by.his presence he inereaSesand - forms. .part of that mass'whiCh createS'terror in his Ift jesty's subjects, and gives. confidence and' en: couragement to :the rioters. Gentlemen, I again iinpress - upon your' minds, that ever,: person present was -guilty , - of -the ' riet, and any mail standing by, 'even although he .1113)" have 'had his hands in his .. pockets, was, ni . an individual of that mass, in the eye of-thelawi equally guilty." - • - Ile again commenfed on "the' . savage-, lawles s l, and barbarous atroeitiescthnMitt e d in' that part bi the country, where sCarze-etriiiii6 - of the inhabl,_ tants can speak.a•word-of The ed Judge, in addition, said, that when rt riotous mob, of the description- . thy beard of, collected together, hovering round and threatening-to aS-:, sail 'a•- public officer diseharp,ing his 'dut - y—c all ': there be a doubt of their object ?- -- -W-aS the SOP"; sheriff then to have retreated from such a : band t: • la-wiess.savages ? No, Gentlemen, said .his•Lordr 'ship, it would have degraded the law and brought 4 : into:contempt ; and his. attempting to- do 5 : 1 " Would most probably have increased the -mode' of the mob, -kind have led to more serioui . consequences. And if the. Sub-Sheriff bad waited• until the dragoon who was-"so attacked wa s ac- , tually cut down, the tr:iimph of the m.)1) 1v 01114. ' have been so great, that it - would have been bard to say what the consequences migitt- have been , . :rile Learned Judge-then said,- if. the Jury be'i lieyed the evidence of Mr.lllannsell, and of Thy' Hayes, .who was. prOcluced . as a witness for ill ° prosecution, they should acqUit the prisoner. The Jury immediately returned a. verdic.t . 4 " .iVot 'Guilty, and the prisoner was disehargeLl: • • • - BIRTHS. On the Ist inst. at Collier's Wood, Surrey, the Lady of .fob' Tyrrell, Bsq. of a daugl3-.r. On the 28th ult. at Cheltml arn, t, .e Lady, of the Rof•- Snow, of a son. . " MAItRIOD. er, On the 2% ,inst. at - St. Jolni's, Jhickney, - Mr. John C a i r f T at i. of Gibraltar, to Lydia, second daughter *of Mr, WElianl i son, of Leidester. C• Yesterday morning, at St. Jdnes's Church, by the Rev*..o , T: Andrews, Mr. Baylis, of Grafton-street, Bond-street, . Miss Ann Otway, of St. James's-street. . -..• . . _ . • 1)1 1 , .' D. ' of On Sunday evening, at Cuckfield, Mr. William Hab' Fish-street-hill, aged 30. (hi. the Ist inst. 'the infant daughter of - Mr. Williams./ C°ll2‘ hill. 2 ' • , Lin' Yestnday, Alfred Sharpe, youngest child. of John,ll oa son, Esq., of Stamford-street. sbe' - On the. 24 inst., after a long and se ere illness, whic l , l „, l , ) , bore with Christian fortitude, 'Maria Magdalen; wife of -J. ` -4 Aiortimdi, of Litigate-I , M. - •li o • Oh Friday, the.23th ult., at KenningtOn,rof a decline', ' • u di' Elizabeth Moorman, pnly daughter of the late John Moorri Esq. of Old-street. • . • - _........... • • • nro t • LONDON : Pintecl by J. B. CARST.AIRS, of Na 29, A ., Ormend-street.,, Queen-square ; and published by NS t; SCRIPPS, of No. 7., South -Molten-street,. at Tin: OFFICE, No. 112, Strand; where. ADviarrystp.ii.l." PRDERS, LETTERS &c. (post-paid) must be. APres