The British Press; or, Morning Literary Advertiser.
London, England, 1824-07-07 00:00:00

all power whatever, and therefore it was palpable there woe an
egregious error in the supposition that Lieutenant Hagaii had acted
nght ; he had acted, as he supposed, legally, because lie had been
instructed by the Government, but the Government themselves
were in error, and had no right to give such instructions. There
was • convention signed in 1817 by rite King of Spain, consenting
to abolish the traffic after the year 1829, but that was not even
known at Sierra Leone in 1817, and the conduct of Spain has all
through been in strict conformity with that treaty.
Lord KrowELL—Too much caution cannot be exercised by
officers at ttierra Leone ; young filberts are naturally enough
prompted by distinction to engage is hazardous enterprizes, but
they should be guided by prudence, anti not suffer themselves to
run into an error, as it seemed had been the tact in this case; and
also, as in this case, it frequently happens, that persons give very
leash advice, and much beyond the limits of theif authority.
I Dr. LVSIIINGTON said that she (lorernment of Sierra Leone
put a very wrong construction on the law regarding the slave trade,
which has the effect of getting the officers into difficulties. Ile
hotel that Government would reinunerate Lieutenant Gamin, who
only acted from advice, anti who certainly ought to be indemnified.
Lord STowELL—Lisa Government been applied to?
Gr. LUSO INOTON said they had, but the answer was, that no
notice Could be taken of the. memorial pending the cause in this
Court.
Lord STOWELL said, that here bad been not only an error on
the part of Lieutenant Hagan, but on the parts of the tribunals and
Government of Sierra Leone, who have acted on an Act of Pasha.
mcnt which could not apply to the ease. They took the law as they
understood it, and have kept the slaves ever since 1817. Ili.
Lordship said that he had not the rooms of doing justice In his
hands; for as Lieutenant Ragan had acted as he was advised by
the authorities, he ought not seise ruined by this cause, and there.
fore sonic other method sheibld be found cut. He should like to
know what Government intended to do before be gave his jutig-1
ment.
Sir C. R nal wsow (King's Advocate) said he was not instructed
to say what Governntent would do.
Lord Sr owtxx—Theo let Government be applied to. lam
perfectly ready to decree foe the restitution of the vessel and slaves,
together with all costs attending the tunic; but it would be an act
of girat injustice to punish Lieutenant Hagan for what he consi-
Ideretl to be his duty, and therefore 1 will not give pdgntent until I
I see whether Governoimit will indemnify him ; for 1 feel myself
under the necessity of protecting the officer.
Leant Nowriu said, that as Government had got the slaves
and kept thou in service ever since 1817, he hoped the usual
I method of paying their value with Interest would be pursued.
i laird Sr ow ELI. mind the Registrar what the usual course was?
The It Eit IST AR said, that when the judgment was given, the
registry of merchants would give the value of the slaves at the
market prices at the port where they would have arrived in 1817,
together with the interest due thereon from that time.
Lord STOWELL said of course that method would be adopted in
the present instance.

COURT OF KING'S BENCH, DUBLIN, FRIDAY, JULY 2.

THE LATE FER3IANAGII RIOTS.
The ATTORNEN-GENTRAL faille into Court, and addressing
their Lordships, said, that it Ircearne necessary for him to claim
their interposition against a Magistrate, Mr. Gabber(, Provost of
Enniskillen, and one of the Magistrates of the county Fermanagh.
Ile (the A ttorney•General) was in the unusual situation of being.
obliged to pray, that the Court would order to be filial an informa-
tion against a Magistrate, tin a breach of his Magisterial duty.
The Court might consider this an unnecessary application, the At.
torney-General having the power vested in himself to tile such in-
fermation in ordinary cases; but, in the present instance, their
Lordships would see that objection did not exist. The person
against whom he now applied was Provost of Enniskillen, and held
his (Ace under the Charter of the Corporation. Considerable
doubts hail been entertained of the Attorney-Gcncral's right, In the
teeniest of his authority, to displace a Magistrate, who holds his
other by virtue of a Corporation Charter. To remove those doubts,
an Act was passed, the Ist of Geo. 111. chap. 11, directing that
against a Chartered Magistrate an information should be tiled in
the Court of King's Bench ; that some indifferent county should
be appointed for the trial of the case, and in the event of a convict
1 tion, if the Judge presiding at the trial slit • W certify that the vet.
diet is approved of by hint, the Magistrate so convicted was de-
clared by the Act to be disqualified front ever serving again as a
Magistrate. Now, if he were to proceed as in ordinary cases of in.
formation, the first thing he should do, according to the practice,
would be to lay the venue in the county of Fermanagh, and in such
cases the Court of King's Bench would hear nothing of the prefa-
tory matter. In the present case, he (the Attorney-General) amid
not comply with the necessary formalities for procuring an enc.
tual trial ; he bad not the power of naming an indifferent county,
and therefore, in order to prevent the trial from becoming a nullity,
Ae:feed to the Court of King's Bench to take the case out of his
hm
in order that their Lordship* might name an indifferent
county for trial.
The Ciller Jess' let.-111r. Attorney•General,..you have satis-
fied the Court of the necessity for the application. The only rea-
son the ('ourt of King's Bench refuses to grant the Attorney-Le.
prod an information in, because he has the power of filing it him-
self; but, in the present case, we see there are difficulties in the
way of his doing in.
The ATTORNEY-GENERAL resumed.--His application was
grounile.l on circumstances that involved materially the adtninis-
nation of public justice, which, in order to give utisfaction, and to
produce submission to the laws, should be dispensed with ilnpar-
utility, temperance, and firmness. The person against whom he
sou,,-ht the in (Mr. (labbetti had acted for many years as
a 3lagistrate under the Charter of the Corporation of Enniskillen.
It unfortunately happened, that on the 17th of May, one of those
outrages, which most ever be deplosed.but which this country wee,
unhappily, too familiar with, natured in the Island of laugh
Sr:me. and Ennishmore. A single combat, that had pieviously been
agreed on by two persons of opposite religions, a Protestant and a
Catholic, collected a number of persons of both religions, and in a
riot which ensued upon that occasion, a Protestant, named
Al•Creary, was killed, and two Catholics were moat severely wound-
ed. A number of persons were arrested on a charge of having
taken pan in this outrage. They were apprehended by the Ma-
gistrates without distinction or regard to what party, they belonged,
and committed to the gaol of Enniskillen for examination.
Amongst them, two men, na.'“el Carlton and Mackiler_trray, were
commuted by Mr. Gabhett, !under a committal directed to the'
keeper of Enniskillen Gaol, which stated, " that he was to keep
them in safe custody, for further examination, upon suspicion of
being concerned in the murder of *Cleary, and for which that was
to be his sufficient warrant." This instrument was dg-ed the telt
day of May. Several other persons, who were committed to En.
niskillen gaol on the 1111111 C flay, were, after being examines!, and,
nothing having appeared against them, discharged ; but although
those two persons were also examined, and nothing proved
against them, they were not act at liberty, but kept, in order
to be brought up the next day for further examination.
They were, however, allowed to remain in prison till the doh
day of June, without having undergone any other examina-
tion. The circumstances of this dray having reached the
ears of the lard Lieutenant, his Excellency ordered a re-
turn of the mimes of such persons as wen: confined in En.

nitikillen Caul, under a charge of being concerned in that riot. Ilia
Excellency, upon loaning the particulars of this matter, hum-
diately appointed a gentleman of high professional and private
character (31r. Blackburn) to proceed forthwith and inquire into
the circumstances of the case. On Mr. Blackburne's arrival at
Enniskillen on the cith of June, he desired to be furnished with
the culenilar of the persons in gaol, under the charge of the riot;
and havirg bccn forninbed with it, he found that the names of
l'arltein and .Markilniurray were omitted; upon which he thought
it ncceasitry to institute an inquiry, and hating sent the the
(raider, that person told Mr. Illackburne that he had them in
cto,nitiv, and produced Mr. liabbett's warrant as his authority. On
lcartaiag this circumstance, Mr. Rhiekbarne sent foe the Provost,
and remonstrated with him fur detaining the two men in custody,
wi scut having any charge against them, and directed him to
liberate them unnwiliately, stating to him, that it was a gross I
violation of law and justiec. The Illagistrate 'then proceeded to
the I,aol, but instead of discharging the men, he made out a
new commitml, which he dated as of the 2:ld of May, and di-
rected the gaoler to keep them in safe custody until the next
I sessions, under a charge of assaulting two men, 'nulled 1aw...,
and lkatty. Ile then furnished a new adenine, and entered
into a conference with the gaups, as to detaining the men under
the new charge.
The l'or u T —Who furnished the calendar?
The ATTORNF.r-l; I:NI:UAL—The Provost. The two men
' have made affidavit that they were not at all concerned in the riot.
' The only explanahawshel Could suarest of Mr. tiotiebetetiP',
I 4ustice to them, was Ihelihaving charged him with not conduct
, tog the inquiry rissiccting the affray with inimirtiality, and also
'their being Cathimes. Tt..y had applied several times to Mr.
' I iabbett to lw discharged upon bail, which application he refused.
Their Lordships (the Attorney-General continued) would see, that
i here was a Magna-ate indulging, in his oificial cJvaci..y, the feel.
hip. of a partisan, witich impels him to the commission of two
miter illegal orenees--nanielv; fabricating a committal, in on!er to
detain two men in custody, and antedating it. The circumstances
arc verified by the gnider and Sir James lialbraith.
The Cot• nr —"fake a Conditional Rule, Mr. Attorney-General.
The Arr ons ev•GENERAL then made a similar application
against the name 31agistrate, fur hawing detained Bryan Rooney in
custody from the 2.lth of May till the LW of June, upon the same
cliar:re, although no person appeared against him, and he had since
made an &girl:frit, deeding haling been in any manner concerned
I In, or connected with, the outrage in question.
A t onditional Rule was likewise granted in this ease.
1.1/11111.kliNIIA3l.
I.

111 T. AV ALL AC E applied to the ('curt on behalf of hlichaid Lynch,
for a Condit Mout i /tiler, to enter a suggestion upon the record, that
a fair and isupaithil trial could not be had in the counts of d'avan,
in a caw. wherrai lord Farnham war d:fendant to a Criminal In.
formation grantee against hint in Ililary Term. ftw cruelty and op.
pressinn as a magistriite, and prreirg the Court to name one of the
ceunties of Kildare. Down, Antrim. Dublin, or Kilkenne. or any
other comity their Lordships might think lit lin the trial of the said
information.
The Court refused the application.

I)}:artt rani FA TlCUE.—Thursilfty morning, on the
arrival of the London Telegraph night coach to Worcester, at the
Unicorn Lon. ltroa.l.s:reet, u:ar of the f-male passengers named
,toner, who wa, on her way into %Vales, was found to be a corpse
The deceased had entered the coach in town an inedid, but the
fatal issue was unknown to the other inside passengers until the
door war open:a at tht irloorney's cud ; the last time they reeol•
levied her speaking was at Persliore. An inquest was held upon
the body. when a medical gentleman who examined it stated it as
his mann)°, that deceased cum by her death from the motion of the
coach and fatigue of travelling. when her strength was reduced to
the last litifCC by ill health. Verdict—Died by Ott Visitation of
Cod.—Cl tL r r.