The Sun. — London, England, 1806-04-19 00:00:00

1 i OLD BAILEY. - THIRD - DAY---FRIDAY, APRIL 18. Met Mack, a Serjeant• belongint.; to the 38th • Regiment, of -Foot, was capitally indiaed for the murder of Timothy Kirby, on the 24th March last. - The Prisoner, along with an Officer, Corporal, and-2a men of the same Regiment, took charge of I'6 deserters at fichester to escort them to- London, ainons whom was the deceased. From the evidencey of Thomas Lee and John Cdoke, two of the desert ers, it appeared that they had been - brought from _ - Ireland; by Chester; and having marched from Il cheter to iNlOrthampton, they there halted, and While the Officer sought the gaoler, the 'men grum bled at .not, getting-their alloWances; the Prisoner damned them for a pack of Irish rebels, saying they should be all put to death, and swore he would, have the deceased's life, calling him a deserter ; the latter retorted the charge against him. , The next day they reached... l l.vport Pavel.; on Satur day they marched to , St. Alban's-; and on Sun day arrived 'at Barnet:. In going thi-ough the Chalk Hills, near Dunstable, the Prisoner and the deceased had some . more . high and abusiYe words, mutually accusing each other "of desertion, The 'Prisoner'drew back, held up his halbert, and swore he would' run the deceased through; the Cor poral laid hold of him to prevent him, and he was then ordered by the Officer, 'into the front. The sixteen deSerters were handcuffed two and two, and were 11r:welted the whole-way in that order, with a rope tied to - the two in front, Which , passed along the line to the rear,:so that they were - all, it may be ,said, tied to:each other, the soldiers with fixed bay onets marching at each side. - They had had no- re freshment from the- mid-day of • Saturday- till the same hour on Sunday. :When they came to Bar. net, all halted opposite the Red Lion public-house, end the Officer asked Who halted them,? when they, answered, • that he had - promised to halt them there for that day; he, however, commanded them to go on, and he should stop at the next public-house on the road; but finding he did not do so, They halted again, without orders ; the Officer again de sired they should go on till they game to. Highgate, but the deceased and three others declared they wee unable to proceed without some refreshment, At that - thOment the Prisoner came up, and the witnesses heard high' words pass between him and- the de ceased, and the lie. and liar were received and re torted ; when the Prisoner, who had before carried his halbert on his'right shohlder, raised it in both . , his hands, and struck the deceased a violent blow on the head with ,the guard of it; he made several at tempts -to take it out of the skull before he could force it away, carrying with' it the hat, which he had cut through. The deceased called out, that he was killed; begged his hand-cuffs might be taken off, and his wife and child, who were behind, sent for. After a surgeon had seen him, and dressed his . ivatmd, he was conveyed to town in a cart, and left at the Savoy prison, where he languished till the following ThOrsday morning, and then died. The testimony of theSe witnesses, so far as it re lated to,the transactions at Barnet, were corroborated by the evidence of Thomas .Webb, an „inhabitant, and Walter Smith, the headborough of that place ; the former in describing the manner in which the blow was given, said it was done in the same w„ay initaler would fell'an Ox. - Robert gaundert, a post boy, who drove jhe cart with the deeeged into London, said, that he lay quite insensible, with his head in. his wife's lap, th e whole way, - Ivhile' she endeavoured' to manage the ch - dci at the same time.; Mr. Walter -. Morrison, 4 Stirgeon, of garnet, proved the:nature 'of t he - - Wound ; the blow had pe netrated therskull about an inch, and entered, the ,brain, mart of Which. wasexuding from th e wound, Which. he thdught N ety .dangerOus;-and told the Of ficer Mr. Henry Worthless, Surgeon, of the Savoy, 'stated, that the deceased appeared very, well on the fc)lowing Tuesday - and Wednesday morning, but grew'W - .Ol"Se toWards night, and died on Thursday niPrning; he.operre.d the head and examined it, and had, no doubt but the deceased had died in conse quence of the .wound. Peggy Kirby; alias-Moor, the utthippy widow of the,deCeased, proved his death. 'The PriSono being Called upon for hii defence; slated; othav - sphen he - took charge of the deCeased and-the other deserters, he was informed .that they 'were a dangerous =set of men; and had.endeavoured to break out of Staftbrd Gaol, and this made him the more .cautiou4. The deceased, and one Cooke, were eery refraaory the whole march, and when they,got to Barnet, the deceased pulled the rope, made the rest stop, and used very abusive language to the Prisoner, and ran hear four yardS out of his ranks to strike. him ; upon, which he rose his hal bert, merely intending to give him a blow with the woodenpart of it, but the deceased drew hack, by which the-steel part fell on his head, and made the wound. Thomas Wilson and Charies Gilbert, - t‘vo of the soldiers, who esco r t e d- th e d eser t ers along with the Prisoner into town, in part corroborated this-defence,. is to the refradory conduct: of the deceased, and the manner_in which .the bloW Was.o - ° iven: They were on their march back to Litchfield when the Prisoner was arrested by a Bow-street Officer. . Lieut.Hain' Wiltshire, who commanded the escort, deposed much to the same effei,i, but did not say that he saw the deceased attempt a blow at the Wisoner; before the latter 'truck him With the hal bert. • He; had received the Prisoner as a volunteer from - the Lancaster -Militia, an 4, from the good chaFaCter giVen of him,- he was soon.after appointed serje...mit. He had been at the Isle of Wight, and . got leave 91abSente, but was taken up,..a Suspicion . 9'llaVing iriseit'that his pass Was a forgery. This gave rise-to the 'report of his being a deserter. - Lord - EatNttonouoir, in surruning up the evi dence obserVed, that the question was, whether the aet was innocent or justifiable, and if it was capable of explanation as to reduce the Malignity ? It was natural to use all necessary means, to pre gerve due - .subordination on the march. If any dis turbance Ercke but 6' any leutinous cOndud ap peared;,oe Offi . Officer would be warranted in t a ki n g every means of'-quelling and if the force .ex.- ceeded the *proVocation giVen; or unnecessary , . severity was resorted to, in either case the party was'guilty of manslaughter only'; but if the Jury , believed - be--had clothr the aa, harbouring in his mind a malignant and a pre-coneived purpose of malice, in order to Wreak his'engeranee upon the Obj•ea of his" hatred, then it' would be the duty of the Jury to find iiini gUilty of the capital crime of Murder. The Jury retired for about twenty minutes, and then returned a Verdid of Guilty (if Manslaughter, CLERK.ENIVELL SESSIOI\S. Yesterday'two men of the names of Sullivan and Atkins were indiCtecl forfora miSdemeanour, in break ing open_ the,coach4louse, of Lord. Donally, with an intent to steal. It appeared ,from the evidence of his' Lordship's coachman,' that in the latter end of last month' he 'was informed that his Lordship'S ,coach-house, situated in Quebec-street, was - broken open. He went there immediately, and found the two Prisoners in it : One of them, Atkins,, he seized; and the other haying% escaped, was apprehended a few days .after by a B - ow-strecit. Officer, who' knew both_ the Prisoners to be reputed thieves. One of, them. had been transported, and the other was some time back convieted as a rogue and vagabond. The Jury instantly found them Guilty, and they were sentenced by the Court to be imprisoned for two years each in the House of Correaion: A striking instance of the fertility of a drained bog :--- ' • ' About. nine years ago Lord CREWE granted an improvuig lease of an estate in Madeley, in the County of Statibrd, to Messrs. ELKINGTONS, the ce lebratect drainers. It. consisted of about '5OO - acres of land, 300 of which was 'a bog so thoroughly un sound, that neither man or beast could go upon it. About half of it has been already - drained and brought ,into a state of cultivation: The craps of t urn ip s that have been raised upon it, both of the common and the Swedish sort, have.been remarkably good. These have" been fed off by cattle' and sheep. In t 4 succeeding crops. Mr; ELKINGTON has had to contend with an unusual sort of difficulty, arising from the too great luxuriance of the soil. Not ' withstanding every precaution, by sowing.less than half the. usual quantity of seed 4 the barley crops have been sa luxuriant, and the. bulk :of straw so great, that it has been uniformly laid. - -Of .course the quality of the grain has been thereby greatly in jured, ,and the clover and grass seeds, sown with the _barley, -completely smothered and destroyed. Air. ELKINGTON, therefore, has been reduced to the ne cessity of attempting ' to render his land more pro fitable by means of exhausting crops. .. Last year he raised ten acres of hemp, and sowed ' grass seeds with the hemp, which has fully answered, all his expectations. The, hemp crop was a good one, and his root of grasses is now, from its uncom monly flourishing state, the admiration of.the neigh bourhood. With the same object in view, Mr. EL-' KINGTON has been induced to reduce hi - soil by sowing successive crops of oats upon land that bad borne two 'previous crops of oats without any ma- pure :. be got last year. the astoni s hi n g p ro d uce o f one , hundred and seventy-four' bisheis of good oats from five bushels: and eleven quaits of seed, sown broad I Cast. This extraordinary return has been made from-1 lapd that, seven years ago, was not worth one shil- 1 ling per acre! ! , Tom PAINE.—We stated some time ago that an attempt had been made to assassinate foal PAINE, at his house near New ROchelle,•iti the State of New • York. In one of.the last American Papers we l- find the following account of the transgtion, Which, as iCStrongly - resembles some of the circumstances of the s'hocking.murderof Mr. BLIGHT,. we think will not be uninteresting to our - Readers : - " On Christmas Eve, while a Mulatto Woman (tile only servant in PAINE'S employ) was alone in the house, a gin) was discharged into the window of the apartment on the ground floor in which PAINE usually sat. PAINE was absent.' The wadding, or paper (without ball or shot) entered, in - an oblique direetion, into the board or siding of the house, but did not injure the.plaistering. The servant related the transadion to PAINE, who received it without emotion, and even neglected to make any farther in quiries. On the third night - after the first shot had been "fired, while PAINE was sitting with a young man of the neighbourhood, a gun was dis charged under or near the window, two balls from . .which paSsed between PAINE and the - young man,, and lodged in the partition of the apartment On the opposite side. Two months after, a man- who had lived with PAlNli4ltillg the summer was appre hended on tlw Oath OiTAINE, as the person suspe&- ed of the attempt, and is held to bail to answer the charge." . It having been inserted in . a Morning Paper, of Friday, that a considerable, quantity of Coculas In dicus, Cardamon Seeds, Guinea Pepper, Honey, and other _ingredients, to .be employed in the adultera , tion of. Malt Liquor, 'had been seized in a .Brew house in the' Borough, we are authorized to state, for the satisfadion of the Public, that the seizure did not take place in any of the old *established Breweries, but in' one of those which have been lately formed, and make such strong professions of Brewing ,Genuine Beer from Malt and Hops only. It seldom happens, from the variety of opinions that govern public ,Sentiment, that a matter gains universal . approbation. One of these rare occur rences, however, is the censtmaion of the present Lottery Scheme, since .among its numerous very striking featlires, that of not confining the immense number (no less than abOVe six thousand) of its lesser prizes to any fixed days of drawing, but mak ing them pervade the entire 4rmiring, has justly me rited the assent and approbation of adventurers in creneral. A Nabob in. India, who was bald-pated, issued a' Mandate, requiring „all Officers and Soldiers of his 'Army to have the crown of their heads con stantly shaved, in the exa& form of his own bald ness; .and, in order that the most perfe& u n if orm it y might be produced, he appointed, by Patent, the most celebrated Artists in that professional line t o dire& and - superintend the due execution of that important operation. PIRTIIS, Yesterday, the Lady of Jas.. Newsome, Esq. of a Dough. ler, , at',llisixitise iLr Bermondsey. • . On - 'Ulktirsztay, Green ~k!ar4l3iiilclOgs,: 4.ath, to .Lady of Cafitain IVl.zster; of a Son: . Yesterd4 worning, at - 12:s house_ _in Great George-street, AVestflihr4er, the of Cordell Brooks, Esq. of a Daggh ter. ' , . On the iStl l o f lansfark' b it the capeof cod Elope, the Lady of Charles ‘Voedeock.,- Esq: of a . Mir R rE I) Yesterday, Claude .George Thornton •Esci, of Austin Friars, to Miss Frances-Anti.SiSiith, 3d slaughter of Samuel Esq: M. P. • • On Thursday last, Nfr. "SS y rn.. Holmes, of the Strand to Miss Brown, of Ew , ell, Surrey On the aliinst. Wrii.'S.c:inleY, Esq . of West Ham, to. 11Iis4,.ucy Chatfield, o! DIED. - Bank Stack, 206 , Zon.' Navy perCent.93 92ii 5 per Cent. 1797, shut lyish 5 per,Cent. shut 4 per Cent. 77} 3 oe,r Cent ; 'Rect. 59;1H -3:per Cent Con. 6,-411 Bank L. Ann. 171 3-16 Ditto Short Ann. shut • LOND N : Printed by RI CP,'AR9 HARRIS, of No. 4, Martivt-court, Ilow-streeti and PAblished by %V IL LI AM ARMICER Sc R ir es, of South Molton-str:e , At the SIN-DEUCE, No, 02; Strand; where Advertis,:rnents Orders for the Pater,Letters for the Editor, &c. (oft -paid), . , Tuesday, morning, about two o'clock, Lady 1:ItzgeloId, at her house in Portman:square. , '.• • On 'l'hu.rsday, at Tottenham, Miss Ann BittOni,-, dough.: ter of the late Dr. Burford, of Ei..uo-.ury. • • -- On'the frit of Aug. 1865, at fibmboy. Mr. john Grooves, 6th Officer of the.l-io'n. gast India Company's Ship 11617 Addington. s On Sunday evening, after a fit of coughincr, which broke a blood-vessel, aged 5,7, at Walmer,Air. Andrew Gram. PRICE OI "S ; ESTE ST - GC.:KS • D A Y. . India Stock, r8o: , 1. India Bonds, is. prem. old Ann. shut kills, par, 2S. rein. Ornninin 3 3 per-Cent. deferrel, jrnperial 3 per Cenr. Bank tbr_op. Con's. for May, 6cilif 'ADAMS's SOLVENT FOR. TI-11-S.TONE AND . _ . 'GRAVEL. •. " • . T HlS,Ziscoverv,- now' proved.. to-be. the, most • i • efficacious in thOse,thsorders, is nevertheless so sate in t ' its Op:'ration, that the te•ld,:r Stomachs of'Xoung Children, and ot Persons considerably in ~. out the least discimeture : -indec.(l people of 'a gouty habit, .; from the analogy of the two 14 . eases, always find their ap_ .petit e and digestion amended •by its use.:-lii the:Ninth Edi . troll - Of'" Perry's Disquiitic, , not the Stone, Scc." in - ice is, bit. ,may be seen numerous instances of perfed Cures of the S tone; .when the Patients were abaut to submit to the operation.— In Insipient - Cases, whether in the Kitinles, or Bladder, twat Bottles willcorred the caldrilous diathesis in the hAbir as 4 N $ thereby" prevent the formation of caluli.: ,-. he - ..., - - , ._ T Solvent it sold by ttla Proptietor,• ?4r. Perry,. Sur.t. geOn,,"No. 9, Southarnp-ton-street, Blooinsbury-sguare,-irt Bottles, of4s. fid.-t Is. andil; 2s. (Stamps inci mica) ; .as also, at Bacon's Medicine_ Warehouse, .No, 150, OxfOrd 7 strect -i ,- • . and at r.l.l,2lton's, frgat..of,the Royal Exchange.. . , ..., HE CORDIAL ;BALM of'GILEAD pectl-t. liatly adapted. to•weak • Femaltel;onstiturson, as well as toplileginatic habits in_.general..;-it ads-powerfully as a nervine, not only to:the weak. stOmai:li,, hut to 'the wh o l e nervous system ; cotrecis a Vitiarecl'apPetit-.; and th.g.e.Stin'-i'n the first passages, and*-assists wondertitily in - recovering the tone oftht...',urmary aOtl.genit.d organs: hence its cliicacy..in themost obstir,te seminal coiliplanits in men, i,, n d c orre ., s ._ poncling weakne-ises hi womcn. • . The name of this-Medicine convevs an idea of its virtues: It is requisite..that it be soft, yielding, .and adhesive , also, that it may have a ready disp os iti on to Minion ; for, as- Dr. Motherby justly observal " Medicines of this kind cannot be conveyed to the part required. but -by the common road of circulation; therefore they :inonict be adinistered in, such at form as they may most readily ha c:Cive . %e,l into the circada., tion,. and their use ought 011ie contiat“rd for some time, bit. fore the,efl:eets can be perceived.''. -• From the foregoing observatiens, - .the .propriety of alitritt form lot the administration of •SLicli rainedies, in preference to any other, is Obvious: . and•this'Cordi - al Bairn of. (Which is perfeetlY elegant-in Q , spent to'smell, taste,- and a l;_ peva:tee) will be: foond.to iTrossess all.the genuine qualities, of analeplie, for, besides the nutriti,) , 4 quality of a restora tive, it has a fragrant, 'subtle, °lcons Principle, which imuie-: diately the nerves , .and gives, kind of trie nt il y ' rnot i ois to the duids,lieiding plenty ,a .olanintai heat, the true source of firmness and Vigour. The train of taelandioly disorders which afflict the-humazi frame, under the denomination of Nervous DiSeases, are the, principal. sources of human misery in the privation of health. These disorders proceed from such . an infinite variety and 'complication of causes, as to render it impossible, if even it were necessary, to trace them to their true source. The-et_ • leas, hoWever, a'rebut too well known, andttio severely fell., amongst too great a portion of mankind; and to these eilets; it may, witllout exaggeration, be asserted, that any Relne.ity more superior or celebratod for eff..cacy than Dr. Cordial Balm of Gilead never has been iiiscoyen!ri. Nintierons. cases have from time to time been publistieda every News paper in the Kingdom, tier the encouraceniont of the cfllicieei to use and persevere in a Medicine Which so eminently atfordS a complete c4re in al I.Cases.or debility. . • An opinion prevails that nervous d!seasea are at prese - nt . .- Inore common in Europe aur former period, and is. chiefly attriouted to excess of nicht igencies practisesi ari these times oirefineinent.and I it x u rv. ,It,fsc tsiuly.true, that tit ; ; farther vve'depart Irani slittplicity and temperance in and the . niore we saqifice • whoicsome exercises to the in ktivity attending domestic amusements; the greater will he the influence of every .physic ii erfor in iiiministiing the; vigour of the constitution. Diseases dr the nerves are ittei dent to both sexes, With onl,y this difference, that, in the female., from the natural delicecv of constitution and the softer tltanner of they are in general frstqueitt 51..1 violent. Weakncss of hire nervous systeitais uitut, did, I ,foo'otten - , occaiontd by irregularities iii one sex, and setisti.it excesses in the other, which the Cordial B a lm of Cerra, is -the-most etfectual reriLly to remove: , .• .... • • 1:. is . ototorino that var:ons ttrsordefs of the luntian frame are brouglit.on• by dissipmicni in youth, and tile gross tion of those rules which prudence dict ites for rite vest:rya tion of health, and laying a toundat,on for a long :hid happy life, with a firm and strong constitution-. .Tire hiessiris.;s or • • healthare no •sdoner lost than paiffitrl experien c e incites tn t . • inestimable value of it, and the unh.ippy looks around, too often, alasA in vain,„ rtii inc means of its re covery ! —The utility, therekr.., ui this ~ Ni:oicine, is too on vious to need further comment: Proper directions for every case, to erri'Dle p - r.;ons to cu're; thetnselves,are given with each Bott k, Price llah- a Guinea. A saving of .Isline Shillings ill Two C;oio ;es. also Family Bottles, containing the,quantity of four of tLe los. 6th ones for 335. by which gs. are saved. • Note.—Each bottle has a Government Stamp, with the name " Saml. Solomon, Liverpool," engraved thereon, t(Y imitate which is felony. Those who,lYiSli to have the Medicine immediitely fr. - tnA the 1)0414i - by sen hug tile innury f.), - any quantity they think. proper, will have sent by, such they shall ap., point. Post-()dice order fi,r.any sum may b.: sent by and the balance will be returned Inc bo)c, or orders with cash inclosed will be duly attended to. Dr: Solomon, wnen consnited, ex:it:as his. usual Vet! of Hon . -a-Guinea. Such letter should, for safety, bt r diretted, " Money letter. Dr: Solomon, Gilead tioude,„ near Liverpool." . . . . _ -Pamphlets of cures may be had gratis of any reputable Medicine Vender in every Market Town. • - Sold by Mrs. Mathews, - No. 18, Strand, London ; !r. Smith, Perfumer, No. 38, iota Mr. R iebirn, North BriLigi-..-; Mr. Baxter and Mr..S,:ott, Soleil-Bridge ; Mr. Davidson aol. Husband, Elder and, Co. Edinourgh ; Baxter, (; hisgow ; W. Cameron,'Greenock ; i3rowionq, Paisley; 11. Craw ford,-K ilinarno; k; W. Young, - I ryir e ; Forsyth, and P. Whiteside, Ayr ;• W. Crawtbrd, Girvan ; f . Carson, New. Douglas tT. M'Millan, Kirkcudbright; M 'Credie, Kirk. aldy ; J - . Myth, Leven; J ..Deinpster, •r; Allan- • Dun dee; Craigie, Montrose ; J. Mitchell, and I. Anderson,, Aberdeen ;- Dr. White, thrill . ; M`l4ltosii, Inverness ; T. M'Kenzie, StornaaVay ;; P. Tudor, Stranraer ; Johnson and Bisset, Perth ;.W.Anderson, Sterling; Coke and Reid, Leith; Alexander, Dunfermline - ;, Wikon, Dunbar; Vinnet; Ar btoath ; Dickson, Inglis, Dumfries ; Phorson, Berwick Weddel, Ain wick t"-PaterSrin,,Arbuthinot, and larnieson,•Pc terhead; A. M‘Donarel, - 'grongate, G lasgmw ; and by most Booksellers and .Venders of - Patent Medicines in the Uni.ml: Kingdom. . • • DUT:'LLING, COIIK.,..APRIL 1 t Saturday last, at -the , Counfy Couri-Hoes, JQsEEI-1 KELLY; ES . (I.•Ciiplail) atiS Paymaster, in His IVajesty'S. Regiment of Foot, charged, with having shot, in- a duel, Captain-. HA piisos, Of the same .degiment; was tried before Judge MAINE: Rumo•ar and misrepresentation had so strangely - pet verted the-- fads of the melancholy transadidii that occasioned the trial, that -a very ge neral interest was excited,- and the Court was, at an. early hour of the day • unusually crowded. It ap-- pearedfrom the witnesses for the prosecution, that the Prisoner and the deceased had lived in habits of intimacy, and of the most cordial intqeourse, and were residing in the same house at the time the un fortunate dispute occurred. On the day preceding the duel they dined together, and indulged- a little beyond the bounds of strict temperance in wine. The Prisoner returned home at night to go to bed, and having asked the servant of the deceased for a candle, he received some short and .unbecoming answer,' as lie conceived,. which, .as the servant was a private soldier, so exasperated him, that .be proceeded to chastise him on the spot. The Prisoner WaS so anxious . that the deceased should' • not receive any unkind ,impressions of the transac tions from the servant'sstatement,- that he :was in the a& of writing a note to 'request that Capt. HARRI SON would not attend to what the servant might say until the morning, \Olen the latter entered the house., captain KELLY then related the transaction, and Captain HARRISON thought it proper that the soldier should be present, whom he called for that purpose. This excited some warm expostulation, but exercis e d on both sides in terms of rather. a cordial nature ; till at length Captain HARRISON having got *up -to go to his room, and hdving got into the passage, Capt. KELLY interposed, to retard his going to bed until, the forther,,wouhl listen to the fads of 7 the tr . ansae-, tion, Which "he was earnest, to impress . upon . his mind. In the effort to force past Capt. KELLY, unfOrtunately, while in the ardour, of rwionstratice they held each other; Capt. HARRISON'S foot slipped. near the•stairi, and both fell. When Capt.. HARRI SON rose, be told Capt. KELLY 'that he was the first him. that had ever struck him—a charge which. the other immediately', arid in' the most earnest manner protested against With the warmest asseveratiOu. - The deceased having written a note ,to a, Field' 011 - icir of the Regiment to attend him as a Second in the morning, he,shewed the note to the" Prisoner,. 'who, on reading it, a ga i n p ro t es t e d th at h e had not - struck him. - The note was, hoWever,' sent by the deceased that night. In -the'morning...it appeared from the cross examination of one of the witnesses , -for the prosecution, that 'Capt. KELLY sent to the -deceased, to say that he would make him any apo- : : logy tht.he required, which was refused on the part of Capt, HALtaisoN, and his . challenge to the Prisoner 'was delivered in form. Unfortimately, there was no superior authority exercised to prevent . those Gentlemen from resorting to the last rigour of the point.of honour; they both met," attended by 'their seconds; about fourteen yards were -measured for them : they fired at the same instant, by signal, and as momentarily after the signal was made as it • was possible, .and unfertunatelyCapt..H. fell, 'mor tally. wounded. The agitation and 'despair of the Prisoner on the melancholy event was proved, even by the soldier who had been the cause of this understanding, and,Was the principal witness for the prosecution. It appeared; that during . the interval between the event of receiving the wound and that of his death, Capt. HARRISON sent to the Prisoner for various ac- conirnodation, as. he had been used to do—and so in- timate and friendly had Weir intercourse b \ een, pre vious to the.duel, that at the time of-that unfortu- nate affair the deceased was indebted to the Pri- • 'sorer in a large sum Of money. The Prosecution being closed, one witness, only was examined on the defence,' who had been pre sent at the original altercation. This man.swore, that Capt..Kgm.Y had not struck the deceased.- A number of witnesses; of the first charader and re.- spe&ability, who had known Capt. KELLY from his infancy, gave evidence as to his cheerful, peaceable, and inoffensive character.. The Learned Jude, upon 'the evidence of both' sides being closed, stated, with considerable perspi cuity and distindriess, the law, distinguishing Komi cides that are 'felonies from those that are justifiable or excusable, and atthe - same time applying the gene : . ral principles of law to the case then before the Jury. The Jury, with little hesitation, brought in a verdict of ! . f Manslaughter in his own defence.", This, however-, 'being in the nature .of a special verdid, the distinOion -between 4 general and a special e'er- diet ini criminal cases was- explained by. the Court ; whereupon the Jury, without quitting 'the box, sub stituted a verdict officinal tal. Died on - Thursday, at Dalston, s after four days ill ness, the eldest Son ofiVlr. P. FAVENC. 7 EXCISE-OFFICE, BROAD-STR ',-I.,:T.'—lresterday a Board of Commissioners was held to deterrniixe nu, merous cases breught before then, among which Se feral infbrinations were against persons selling spi rims liquors hod malt-liquors in diflerent prisons, by retailovithout being duly licensed, as injurious to the Revenue. 'They were "severally convicted in the penalties of forty shillings, with costs ; other.. were. convicted in the penalties of- 51. each, for having'raW , coffee in their possession, pot having permits,tbr the same. The goods were .forfeited. A foreigner, whose travels in the immense wil derness of America we have frequently had occasion to notice, has discovered a species of animal which . is likely to'bccome.a great,favoMite among our fe male zoophilists, and may; perhaps, in futoire„ banish the lap-dog from the drawing-room and the bed chamber. It is a native of the Moesa in the Po'payan, and is called the LeOnina. It is only seven or eight inches in length, has a crest like a lion, is of the colour of.the fallow-deer,' With a white, spot apon the nose. Although a quadruped,. it has the singular. accomplishment of whistling like a bird; and pro bably this animal has the larinx in the form hitherto supposed to be peculiar to the aerial tribe. In many .places it has - become domesticated; and, in gaiety and activity, it much resembles , the.monkey species, .to which 'it. probably belongs.