The Sun. — London, England, 1817-11-28 00:00:00

• 1 11. INTELLIGENCE. COURT OF CE-lASCERY. Nov. 27. J ÜbGNI EN r—LEGITINItitY. GORDON V. GORDON. ItoaDCitaNcELLoa gave indkinent. In this t lei* pending entise. It was en appeal from the - deeCre of The Master - of the Rolls, and the point, at isitot , was, whether a son could he competent to examine his mother as to his legitiMacy or. il legitTmacy, ,and also as to whether he was Competent to eamine her as to . a marriage as:thiCh had antecedently taken place to the pro dnction of a 'certificate of what be the stir might , call a second marriage. His Lordship went at great length, and' with consummate ability, into the whole of . th-4'facts of the case, and expatiated upon, the A arions diffieulties, that arose with, respect to it. The rule of law, his Lordship said, sva , :, that it a 'person had been guilty of negligence, by should Dot be entitled to the benefit of evidence taken 'de bene esse, as 'prayed for in the present instance. Thei question here, therefore, was, had the deferi dmit been guilty of !lost negligence ? After going over . the Various parts of the evidence adduced, and adve'rtingtO•the proceedings that had taken place in the Courts of Scotland, his Lordship conclUded bratiirniing the Decree of the Master of the Rolls, declaring, that there was not the least reason to be dissatisfied with it. Mr. Wtt.LlAms Called the attention of his Lord trbip to the state of the witness before her decease, as confirmed by the affidavit of one of her neigh bours. The Lot if) CHANCBLLOR-.—" I halte read the. papers with the greatest attention, anti the Decree is quite satisfactory." COURT OF KING'S BENCH. 114 CK DWARF-SPECIAL JURIES. THE KING:V.'THOMAS JONATHAN WOOLER. The ATTORNEY-GENERAL appeared at the Sit- • of the, Court_ this Morning, to sbew cause against the rule obtained lam week by Mr.,WooleC, for sheaving cause why the list of persons named by his Majesty's Coroner and Attoruey. to .form the Jnry on the trial of the defendant, fora libel published in The Black Dwarf, should.not be can - - celled,' on the ,ground of such persons hating been improperly, illegally ; and partially selected by the said , Coroner and Attorney, and why the Sheriffs of the City of London should.not again attend the said Coroner and Attorney, with the hook 'or list of Persons qualified to serve on Juries within the said City, for the purpose 4).f 'forty eight persons being named, out of wlrorb a Jury might be formed for the trial of the said "Informa tion. The Learned Attorney observed, that this rule having been obtained upon the affidavits of the defendant, his Solicitor', and theklerk of the latter, it had - become irecessary — on the 'part of the pro secution to cause affidavits • ttrbe made in answer to the, circumstances therein stated • and it would be for the Court to say, whether they %void(' di rect the affidavits otrboth 'sides to be read by *the Officer of the Court, or whether he gh(iultlhim- bat . bring tinder the notice of their Lordships the - *material. citeurnsrances on both sides, offering, ii , r;gutnrnts as he went along, as should Tear - to him sufficient to discharge the Role which bad he;•ti granted. Lord ELLP.NR6iIOUGU, after conferrilit with ltis 'Brerbren,; said it [night be (Dore convenient if till On? ffidavit s were read seriatim by the Officer, be fore the Aft6iit4-General offered argumenti upon their effect. •Aecordingly Mr.l[3l%,kr..T . RY, jun. assistant to his 'father in the Office of Clerk rif the Rules .of the Crown Side Of the Court, proceeded to read the affidavit's of Me'.-'l,rooler, Mr. Pearson, and Mr. • I Nixon, the cre . rts'of the latter, in support of the tarot inti ; but as We stated the substance and effect of-these doentnentS in our Report of the original *notion in last Saturday's SO:, it is unnecessary now to repeat their contents, as they were reterred to in the affidavits now offered on,the part of the Crown. The Officer then proceeded. to read the Crown affidavits. The first was the affidavit' of trlintrd' Henry Lushington, Esq. the liing's Coronet and Attorney, and Mailer of the Crown Office, which stated that the deponent had attended at the Crown Office on the 26th of June last, for the purpose of ,nominating 48 persons to form the pannel, from which a Special Jury should be chosen to try the information filed by the Attorney-General against the defendant„Thos. Jona- Ciao Wieder. On that eceasion the Secondary of the Sheriff's : ()thee of the City of London appeared before hint,", and pro duced a honk containing the names of persons. in the City of London qualified to sit on Special ..furies, and from which ' such Juries had always been selected, as deponent was in-: formed and beliel'ed, in addition to his own practice in his said Office of Coroner. That the person by whom such book was produced, also tendered certain •lists,. purporting to be . the lists of persons resident in the different wards of the City of London, qualified to serve on,Comumn and Special Juries !geriralk, in the said City, and that the said persdn tendered ,these lists and book to deponent for the purpose of Maini ,natiog the Special Jury in question, as he should think right ;and proper-for that ;ppose. The defendant and his attorney beiog pr!sent on this occasion, some conversation arose re specting. the prd"Priety of naming. the Jury from the said hook solely wiwo deponent suggested, I hat in order to avoid all "objectinn;it wwile be Netter to reject the said book, and no -minate the Jury eschtsively from the said lists;. and under standina that there ..04 no opposition: to this course, he pro ceeded to nominate the said Jury acc6ording to his accustomed 'practice since he . had been in the office. That soon after de •pfimon's aliontinent to the office of Master of the Crown ,Office, in July, ts , 7, he was informed that the usual mode adopted by his pre,,:re. , sors, of nominating forty-eight per sons, as to serve on the trial of ii,ues (Mid dlesex a nd the Cite of Lohdon, arils to take the names of 'Esquires or •Nfeleilants, as the case might Ile, from the le4sk In books furnished Ify the Sheriffs for the comity or city re epeetively, containing the names of such, o c e s eos as were 'quatified.fil serve oh such .TurieS. That this deponent, since „his apimintment, had uniformly adher e d tO the same prac tice nominating Esquires Or - MerOants, according to the velure in which the case was appointed for trial. , That'deponent's mode - of filing upon the names of. persons lo.be noolinated, was to place his pen within each leaf of the book or lis ts subu k iped to him. • and fi x - epon the names- of • such personS as were qualified either as :Merchants or-Es t-ail:es, as his pen should happen' indifferently to light upon, tnd nominate such persons accordingly,: and that be had /old the defendant ami•his-solicitor that such was his usual prac tice. That the defieolan:t and his sqlieitoennust have inistme derstood 'the i.xpre'ssions nscd by' deponent relative to the ananner in which lie had isern.accustOmed to noriiirate Spe cial Juries, inasmiich,,as .they 'oust heill heCri• fully await, from what; he then stated to them and.fi;oni what actually - occurred *under /heir own ofy;erva , q , ni,',that he toot: the names incliffe-ret4lv of siictr,p,er r sons tipiiit which his'pen veiled to right. 'flint this wilt occordieglyttie7mode adopt qep;,..iiklit on :that occasion—d criulc which had never ht:,eii O,T:A h% forin'or oar!tshin know t ci7(lo itlzhatt l'req ue aLoccasicia to lookthrougil twiny pages of the: sts submitted to him, in order to fnui initmoefirtatifia — rs — mefchiints to serve on such Jury, such fixts h-it; the hl f persous yo:slificit to serve on Common Mgt spre,,xl .1464.*•byTea'soif of cvirich'eiriMinstance he was oblie•ed to pAil.ii - teer - widny not being 7 a,/>le to (Ind any person answering the description of merchants therein , . . , . . anittl. That 'lie had great didlculty fixing upon proper "MeSi but as he .east his eye over ere4y page, he indis erinnuatelyfixtd. upon such persoas as were Ite§crilwil to be merchants; and deponent positively . swore, that ill natant;; the 'forty-tight persons which 'were accordingly named in. this Jammer, be waa actuated - by no private views of his own, but fixed upon then without facuur, partiality' or affec tion, and that he nominated, all such persons as ansavert d the ilestiriptioa of periams anglified to serve 6u Special Juries, just as his pest, happened. ta light' upon. them; and until the , number of Italy-eight was completed. That it seas now nearly five mouths since the 'lamination of the Jury in this cast had taken place, and depeaent . did not recollect the faxa', of first ntimiliatiiig a Mr. li.ichard rag-merchant, and Afterwards . substil uting in his stead the name of manlier person described as a wine-Inch:ham; but deponent shotild rather think, that if he had rejected a person of that name it was because the aersun so designated dal not fall within the clit:S 'of persons from arnoingst whom Special ittries were usually selected ; that deponent had not attended (tor was it ever his tlaYlit. so to 110).to any statement Halide by either party relatiug to the repce.tahility.of any individual who did tattle within the class of persons usually naminat ed. upon : Special JurieS ; and that depOnent did not know any thing of the private character, respectability, or- !titbits of thinking of any to the persons !laminated by him, still. less dia lie know' any thing of the respectability, character, or l;abiti of think ing- of the said Mr. Toplin; and that hi netcr;alirectly or ia ltreetly, received any coMmunication from the defendant's attorney which cottld-italuce,him to pass over the-name of the said M. Richard Toafin, and, to name any other person in his stead. That it certainly did appear' that 'the name of a Mr. John Meares, described as a wine , merchaut; tug's amongst the 45 porsons named, but that such. name was fiaed• upon according to the best of 'deponent's judgment as one tit to be returned oil the said pannel. the person being described as a wine-merchant; but deponent positively swore that he knew nothing of the said J. Meares, either relating to his private Ch l aracter or his political principles, farther than. .as he was described as a merchant in the said fiats; and. thatlte had , aerely fixed :upon his name, as he had upon all the others, because his.pen had lighted upon that name with the d'Oeription of veciviiant attached to it. That deptinent did notrecallect rejecting the name of a Mt a CiilMaii, nor did he know any thiug of the privaa donnexians or princ?Ples of that,individual, arid if be had rejected him-, his only ma tire could have been because the said Mr. Gila - mu:was de,. signatedln the list as a.6trither, and consequently not coming within the description of a person quititfiin'to'serve au' Spe cial Juries as a merchant. Deponent further posdirely stated, that he knew (lathing,. directly: or indirretJv,. of a Fellowes,who was stated in the affidavits of the defendant to be the person who was substituted for the said Mr: Gil- a man; that 'his only motive for uommating the said'Mr. lowes was, because he answered the description of dnerchn,nt fbe said bits, .and that he was utter ly ignorant of the private , connexion; or principlevot tile said Mr. Fellowes . . - That t o the best of deponent's kuowledge and belief he did not kiww any one of the individuals 'named on he pitonil, nor (14. he receive ens communication, directly or indirectly, from any. person, relating to, or of and concerning any of the per sqtis therein mentioned . ; and' deponent saith, that bad nominated all the said' persons natiiferently and impar a "tially, having fixed upon them 'because he firmly beiieved tent to be the class of persons from whom Special Juries are usually chosen. , . . Next 'fullowel the affidavits of Mr. Henry Charles. Litch... field, one of the joint Solicitors of the Treast n iri; of ii,ury Daaltry, Esq. Clerk of -the Rules on the Crow, s ..e of the Court; of Saninel.Collinride, Esq, Secondary of the Sheriffs of the City of London • of Henry liarlowe, Esq. Sec,:adary city the Crown Offiee ; acid of Thottnas Le E 4 Master of the Pleas side pf.the Court ;. all Aending.to confirm state ments in the Coroner's affidavit, relating to the:legit iniaCv.of his'proccedings—the practice which had- olitaiurd in his flee as to the mode of striking Special .Itiries . , and as to the impartiality of his conduct on the present occasion. The ATTORNE:I7-66N-ERAL •then addressed the' Court, couteodiug..that- alter the affida - vit's which .they hat) heard.read,it.was impossible to doubt,that the three-fold imputatioomtimproptioty, y, and partiality, alleged against the,hlaster or the Crown °glee, - was completely answered, and con sequently the rule must be discharged, As a pre ,litninary position, he insisted, that whatever the' conduct of the 111 aster 'nigh, have been, it Was quite distinct and Separate.from the qiiestton as to the legality of the mode* rectirubig listsl)C of persons qualified to serve as Special J tam were submitted him by_the Suet svho alo—x :must he accountable.for any stpposed -irregularity in that which exclusively belongeid io b.i,depart ment. Inasturich as the - Master 'could only malze his selections Irony the returns made to litai ,by 'the Sheriff, he co , Sd not be a,.couritable for the legality or illegality of the conduct of the latter,- and therefore if any thing could he objected to thai,officer, the motion of the defendant ought to. have- been framed,_ eu as 'to bring.' his conduct tinder the reeiew or the Court. Tbeconrr there fore hatt.only to consider whether the,:iThMer 4 . his. peculiar province had acted improperly, anOartially. For the purpose of * hewing that the Master hail acta_ legally on the Present occasion, he.referred to the 15th and 17th Sec-, tions of the.3d George 11. c. 25, which was pass ed for.the purpose of placitl.g the system of Site eial Juries two!) the.same footin g ; as it had thereto fore been with respect to trials at bar and diet), for the purpose of sheeing that it wa-3,the pecu liar province of the Master to nominate the Ju ries, he referred to 2 , 1 Lilly's Practical Registry, .155, folio , edition, title " _Jury, :and Jurors," where it was laid down ,as a rule of this Court of Trinity Tenn; 23 Charles 11. upon a Motion. be 7 ing made for a Special Jury to try a case at , bar, " that the Secondary shall name forty-eight free holders, ,and ,that each party shall strike out twelve," &e. This appeared also to be the-recog nized practice in Tfinity Tertn, 8' when it' was laid down as a general rule, that the Secondary , is to ,natne the Jurors from the lists submitted to hiin by the Sheriffs.. On the autho rity of these precedents, therefore, he insisted that the Coroner's duty was to nominate the Ju rors fit to appear npon.the panne!, aud that no other person bad a right to.intertere with, him in the discharge of his,dtity. „ Lord ELLENBOROUGH.L--The rule which is to, govern. his conduct is express. It is " that he shall nominate the Jurors." , • The 6TTOANEY-GENERAL. — I submit also, that it is not only the langtiagr.of the rule, but it has been tlte, invariable practice in the Crown Office from the earliest times. Lord Et.r..lloltpt/GH.— f tlie rule says 7 --he shall nominage 48 free and lawful men, and that the Sheriff shall attend hint for that purpose.. But the officer is not answerable for the rule. 'faie rule is improperly drawn up, it .is an imputation upon the Court,, and not upon. thp•oflicer., The, ATTORNEY-GENERAL conceiving that it would,, be a waste of iime.totrunlile their Lord ships any further upon this, point, proceeded to the-other, parts of the case, and contended that the. allidavits adduced on the part of ,the prosecn. tion completely negatived the imputations of im propriety and partiality in the cOnduct of Ake officer, .filially• insisting, that this rule must be tlischipgvd. 11.1ri. TOPPING said a few, words on the same side. Lord ELLENBOROUGH.--• WhO SUppOl'iS this title \VOOLER then .r9se And atlllrosecLthe coiqt. He said lie did not . appear in supppit .of this Rule with any intention of casting persono reflections upon the character of the Officer of the .. . , . . •„.-• % • •, . , court ; all th at Lw e as desirous of cluing was, to lay bet Ore the Cooit.thetircunstancea of ne cope ; anti theni Jet 1 utlge ivilether the fair pre-'', sumplian did Hirt arise,_ that the pO,ver veseed in 'him had peen partially exercised, Whatever mfglit benaid Oil the tote side or the Other,- eith'e'r for or againat the Officer, could not reatoYe the' ne'ossa'rY inference which tnnst Le drawn froni facts. /t was manifest from the Meitner in which the AttoineY-Genel-al hid latitiured, to spew the legality of. the Oflicer'S .condoct;) _that it least • the privilegi claimed 6f — initui,T. nating Special Jurytneii At 'filo free' will and .pleasure, was at least a doubtful pi-46;100n; The ,Learned Attorney-General had laid consi tleral.le stress upon the right of the Master to no, mionte and select Merchants, btit he (Mr. W.) knew of no custom, however ancient, which ctinld have , the effect of. a Written and express law And consequently that collid net be assumed as law, upon which the law was silent. So far as the definition of merchant went, the'law' was perfectly silent ; 'and therefore the ItYpco , `thesis built upon the defined character of a Special Juryman was without foundation, and all the con elusions drawn from thence must fall to the ground. He should not contend againSt the right of the Master to name the Jurors to form ' the pan :ate', nor should he question his impartiality in the . exercise ot: that power, unless circumstances would cleat (v lead to a supposition- to the'con:rary., 73ert the real and important queStion in this case Was, whether the right , of. nominating Juries should he taken out of the hands of the Sherifr (the people's officer), and vested in those of a 8:1- vont of the Crown, who should be at liberty to cull and pack such Juries as might suit the put.... poses of his suaeridrs, and thereby enable him to .become the absolute master of the liberties and the persons of a tree people, under,colour .of,a.legal right of nomination. He presumed to think that tbellefinit inn of Merchant must no be taken as a mere abstract appellation to be given only to, such 1)(180114 as should Import and export the comminlities its which they dwelt, .but must have reference tti the condition; the substance, and the intilligenCe of persons who vl , ete free Citizens of Landon, and whose claims to serve as Jurors 1111111 have reference to the customs and kivi ieges of the community in. which they lived. By the rules and regulations . of . the Cdrporation of the City of Londoh,, its the reigns of Henry. Seventh and Henry • Eighth; certain classes of persons . were defined as eligible to serVe - on Jades, and unless the lists from which the Jurors in this case were made mit, were conform able to those rules and regulations, he apprehended that any other course , adopted, by custom or usage, could riot be sanctioned by the Court. Unless the persons desCribed as Merchants were free Citizens, and resident inhabitants of London, they could not be entitled to Sit: as 'Jurors in that jurisdiction ; *and if , tile true definition .of a Merchant was adverted to, it Would he found that persons trading in London were all Merchants, the French word Marchand, being th-e 'origin of that appellation. This was com mon sense, and no legal ingenuity could get over an appeal to the plain undetstatiling of mankind. It Might, perhaps, be truly said, that by the custom of the City of London, aMtech aut Adventur er need not he a freeman of the city; but if these w . ere to hOld good in Al cases, there was nothing to preVent a foreigner frion claiming the privilege of serv• tug as a Special ittrytnan in London. ,'There, were cases; however, decided upon this subject, which the Court would 'find in Browolow.`i Re ports, and in. Salkeld, 445.. It was quite ridi culous to suppose that the rent character of a. merchant was attended to in the selections made of persons to serve on these Juries ; for, io the . first place, it was obvious that the title Of.,Es quire was merely fictitious, which every man rnight assume; • and it was notorinua. that natty men assumed the title of merchanti who hadiio) pretensio::s to that character. In the city of London, brokers were' known to act as special Jurymen in the character of merchants, although, by, the bond:given by brokers to the city, they were sworn not to act as merchaats.-other persons acted in this capacity, who were only _traders in Harlequins .and' Columbines. For in stance, it was well known, that a Gentleman named. B----t sat as a Merchant Juryman at Guildhall, without any other pretension than being a part owner of Sadler's • Welk Theatre ; and it was also well known that Mr. Samuel Dixon, a broker, had sat for years as Merchant 'Juryman, in the same place. But widow dwell . big upOti these minute particulars, he must insist, As a constitutional and legal principle, that a ser vant of the Crown ought not to 'be t the person who should chose the tribunal which was to de r cide 'upon the lives and liberties of the people. If the Coroner had the right to say—" I Will do as I like iu these matters', because it-is:my will," there was an end to the boasted privileges.of English men. What sec , irity had the public for the, faithful discharge of so sacred and important a duty ? If the source of instice was impure what would be .come of its stream.? Was the shield. of English . • • iostice to be broken by a Rule of Court—a Rule, too, made in 'the reign of Charles 11. (a rei g n not the must ans . picious to liberty), and the-defente less people lett to the.arbitrary assaults of on Of ficer of the CourO—These were considerations Well d6ervitig the serious attention of their 'Lord silips.:' The , Atto*rney •Generat had said, that the Master of the Crown-01.6ce knew - nothing of the rag-merchant who bad' been rejected as a man too Contemptible for -the office of a Juryman: Lord ELLENHOROUGH—LIe • Saiii no such thing : lie said 'nothing about contemptible! - • ' - ' Mr. 11rootx.r. resumed, and admitted that that word had not been used ; but'he ridiculed the idea, that a man's deisling, , in Whatever article it might be, should operate as a disparagement of his un derstanding, and a disqualification of 'his rational powers... He had nothing more to' say- than to deprecate the. po , .ver thus claimed by a servant 'of the Crown ; for he could only consider' this as a case whet e• the Minister Was trying 'his cause by his owtragentS. Unless the soul ces ofjustice were .kept pnre, the bonds of society .Were gone ; ant! therefOr'e-it became their LoriMiii,,s to ~rescue i their eotautryfronobe inip end log peVii With which it was'threatened. The Judges then proceetiil to give their jtigig thent seriatim, which they diti,ikt considerable w.,A.~.~•~ ~ . oiat tls Ee Ira; '-nnt t,t j e 'Slightest t fr oand.H.oti 10) the az“ . , iort, aad tiaLnly Os611;IT;g tile. /titre A mli - st' briti,ch!:rge.d. TOE v. ‘.t.:atyr,sl The de . feadent"move4ltiitCC(.7,llt lot a liales - 1- unitar 'to that , d far by' M. tVooter.--11.1 t le . retue'tl. • li(A I G. f fhc Mateh for 100 gatineas a side..hetw efts RUn itat, the 'phenomenon of the pre . se.o Plaiihi the .water-man, who , had • toughs , himself high DI on the tibitling am, tank place' Ayes! vr day . , on Hayes Common, in Kent. NVoilinghatnCoin:n6o , abo4t'six miles on the 'other side of Croydon, :vas lire pl*ce where-the cavgicade first a,seno.icd Rithijesdowp, about two miles Iront thence, I.ciin :head-tinarters. The Conint,i4ary had prepared twenty-four feet roped scinaie ; but in 't,pite authority, although Corridaindef--in-,Chief 4t!,*o log the day : in the abSVICe at :he A rcot Capi a w, who can command by, It is 110,i, au enet:ny appearo is the pefsoh of a Magistrate," 'ho 'swore thelnita bitants fromhouse to house as special constAbles, to „defeat the fighting forces. Ile addressed 'the ring in the folloWg in tertus-. l a?` 'I 'am sorry to Spoil Your spUrts, but it is lily as a "A4agis trate, not to allow abreact' of :he peace An amateur assured : him his tit utdate should be obeyeil, and tbefe would not be t !ight est ob atroctlon to his-ntithorit y. The Niaistrate added, " 1 am mot nted on a poney, which will enable me to follow .yonto any part of this county.' Another a . mateur •Cbserved, " We may assemble in Kent, withow atstoritig yott."-4,lagisrrate, " I give no consent I act for-the county of Sur rey."—" 'rhat's office crio , lgh," replied alldsher— kiwi the cominiiaary, seated tin the bar Of t: d Ma , post •ch4riSe,' began to nnive off, followotiey cavalcade, for flayei Common, - abOtir six miles from thence. Helter-skelter was the order of the Morning ; the pi - ads were on their mettle, and with upsets, &c. a most Indierotts scene preiented _itself, as my Lord's barouche and t h e costq mongers' carts were upon a par, and the inmates of . the nue were seen jumbled together iu th'e Other, without distinction, so that the aceidernth could be - ieachell. - • • The ring was formed again, hat the outer. ring was too small, and much confusion ensued belore the men could be broitght in. 'Randal first alt- reared, and threw -big caster ioto the . ring; . -atid was followerrby his adversary, with the tike j to• ken of disregard. The second - 4 weie, Paddington Jones and IL Weak, for Randal, aiul Spring and George Head, for Parish.--The weights were,. Randal Itht. Gib. and Parish kill !Ist. • Betting, on the average, 't to 2 on R41)(141. Ronnd•l. After much sparring and measurement, - 146sths,1 planted a smart hit - On his adversary's chest, and lirtike - away, He repeated the blow, and. Parish returned upon him. bat out of distance, and consequently very slight, Rafithil placed severe right-handed hit upon the cheek -bone ; which sensed the claret., and again broke ground to off-fighting'," Parish's blows were parried, anti the round closed wills Randal hitting •hint again its Ilte body with the lett baud, followed quickly with the right :in front of the head, which tlsoted him upon his fire, as if shot. Thus first blond and first lniuck down were decided-1 to I on Raudas. q. Parish bled copiously from the bead; bitt'he was not!hs timidated. niadelhly with both hands, • butetts short, from Randal haying a knack - of throwing his,liodyhaek, and one was returned on Parish's body. Randal .insinteavred with a sort. of minuet step, and after parrying liSlt'adversaiy, be gave him soot - tier casts 1-4;10-handed trace r , sp!-1441in j close he served Parish as he had before dene We,J Country Diet:, ha gut his bead - untier'hisearta; and held him up leittilt he pro perly exchee,nered his not) by fibbing, and when he: bad done exocising his punching ahilclies, both vent . ' 3. It was' fieti , •minutes Irefore••a blow •was 'struck, and it voice. called out, et Why don't you fight !' you'll have...the Beak here again presently, besides it will be.e.;srl, aurhit -Walt he adianing eoncara:" tidal at length let by in; . right hand "and cwt.:lst his adversary in l.itr Throat throvigh his guard., Parish returned short, and 14.311 , 1111 ag:}i n made a terrible right handed hit which grazelihthe head onlY.—Ta _visit, with much quickness, delivered a - blow upon his adver sary's rye, .which.set it twinkling . , hilt he was corniilimemcd by a thioritig hit upon the nose. 4. : Pat ish . maths. play,- bat he'Could not plaits his blows, ante' lie received alseavy hit on the Contused IrOse. ...VC I Atrritl which Randal shelved the master-piece of in-G hte ing . as well as superior strength. He dealt with Parisb against • the ropes unmercifully, erupt lseherrtired of giving, he threw him.-100 to 5 was offered, hut no takers, 5. Randal made a severe left-hand blow against his adver sary's teeth, which cot his 'angels to the bone, and they bied is torrents throughout the battle. In a close, .Parish was thrown. Raddahhad completely reduced winning to a. cer - taiuty, and the head of Parish - was a contused mass, butt every feature was distorted; he had received- enough for any . ordinary glutton, , . G. Parish missed Mit hits'and closed, when he received the same punishment as jig the former rounds, and he sysi*s thrown. The poundage was refuse 4. . . '7l Randal put in a terrible hit on' the throat,. and claseti upon Isis adversary again, upon the ropes, and did More exe cution titan iu any former round, lions -the weak state of Parish. • • 8, Three (I;Al:set hard blows 'were received by Parish, and he returned -the last by a'smart blow on Randal'S• month, which drew blood; hut he was thrown. 9. Parish ruts in, and after having -been served ,again the ropes. he was knocked down. • ' tn. Parish strove every effort to make a turn in the hattla in vain. His hits were parried, and he was constantly re ceiving. He at length fought wild, and Randal threw him - with such force that Oh - was heard throughout- the ring. 11th and last round'. Randal matle'bis hits and broke away, and when . tired of this he mauled his adversary again at the ropes, and gave -him a heavy- fall. Parish could nut stand up again, and be hurt his right ;trill iis the fall. The tight lasted 50'suinutes. REmnaxs.---Randal has realized all the expec tations which his patrua.. Colonel iS limp forined. of him in his. first combat.. He has at tained a summit in the boxing list-which rro other pugilist of..his weight ever could reach. 1-1 ; e, like the celebrated James Belcher, is a .fighting mats by nature, and no protesor was ever considered a greater adept in the science. Both his hands are alike terrific ; lie measures his distance with itscOmparttbk nicety, and.never hits out until his object is complete. He 'never appears distressed for wind, and Isis legs are as nimble as his fists he advances up to his adversary's head, and never [tidy-es till he has _made a perfect finish. Parish;, who has always heat his man handsomery, hal no chance will this prodigy or nature. He pes•• sesses all the science and courage titat•tan his. combined in a pugilist ; btu lie was kept: in to state of stupor from the fit St round, by this tac tician, without giving him an opporuniiy of re• ,, covering. Probably "the next reputed good iTI • - funcio Randal will he heat as easy. - •wsi 4 nearly dark before the.tight was. over. It was 9 .! • day of jollity to all but the horses, many of which were. left on. the" road. Sir ,Oliver t:beweri, eight o'clock, and e s corted the molly groupcs home Printed by .1. la. ot 29,4 re. , Orrnouil-stFejlt,,Queen-squieec; aul published by W. c‘ , stAitTs, urNl). 7, South i%lqitcoi-Street, at THE SON Office, No. 112, strand; wkerp..'Adisettisenients, Ordeol Letters, &c. (post-paid) unto be addressed. ....MY. Tha Reel settl e EN( xees P - 1:071 able shai ;the \Ten, .10/te 7' luio .~ ' TI! a Iva the : QS 73 lap cret Stet 41014 atao Pa tor , tin; ILII for cite