The British Press; or, Morning Literary Advertiser.
London, England, 1826-06-09 00:00:00

COURT OF RXCEIEQUER, Tamil:us, Jurs 8.

SIR Y. BURDETT v. SIR GERALD NOEL.
A verdict bad been obtained In this case in an undefended action
against the defendant for 4891. 155., the amount of a bill of ex-
change, together with 341. costs, making in all 5231. 15s. ; and an
application had been subsequently made to the Court, for an order
to the Sheriff to pay over the money to the plaintfir.
Mr. ALEXANDER now rose on behalf of the defendant, to resist
that application. It appeared (torn the affidavits that transac.ions
had frequently taken place between the parties, in the way of ac-
commodation bills, drawn in favour of a Ale. (laythorne Butt, and
the bill in question was one of that description. Ste Gerard Noel
had applied to the equity side of the Court for a bill of discovery
relative to the transaction, which would lead, he thought, to impel.
tent disclosures.
The Court. were of opinion that the answer of Mr. Butt could
not be allowed as evidence for the defendant, and that an injunc-
tion could not be granted him after Sir Francis Burdett bad sworn
that he gave consideration for the bill.
The opposition not allowed.
THE ATTORNEY-GENERAL V. SIA ;FEET-
Mr. PLATT rose to move that the verdict obtained against the
defendant in this case should be set aside, on the grounds of rids.
direction by the Learned Judge. The defendant had been prose-
cuted on three counts for the importation of foreign raw silk, of
ribaud, and of lace ; on the first alone of which counts the At-
torney-General had taken his verdict. It appeared on the trial,
that a fishing-boat was seen under suspicious circumstances, that
3lawley was undoubtedly the master of it, and that on examina-
tion by the officers certain contraband goods were found in • con-
cealed place. In order to prove that the goods were foreign,
samples of them were produced, which he (Mr. Platt) submitted
was not evidence. The condemnation then stated that the officers
did seize certain silks. because they were such as ought to pay
customs, subsidies, and other duties to the King, and were im-
ported by certain persons from parts beyond the seas. That state-
ment of the condemnation appeared to him to be evidence that the
goods in question were not foreign, because it stated that customs
were payable on them, whereas at that time foreign goods of that
description were prohibited altogether. Officers were afterwards
appointed to examine the goods and return their value, and those
officers described the goods as prohibited and Illegally imported.
Ile was aware that it was contended on the other side, that the
condemnation was drawn up in the usual form, and that they re-
lied on the word prohibited, used by the examining officer ; but he
would maintain that the word prohibited did 410 t furnish any evi-
dence of the goods being foreign. By Stat. 10 Anne, cap. 19, see.
69, a duty was laid on silk goods manufactured and dyed in this
country, and a drawback WAS allowed on such goods if exported ;
but by sections 94, 95, and 96, of the same Act, the re-Importation
of such goods was strictly prohibited. That Act of Anne had
been confirmed by Stat. 3 Geo. 1. cap 7. It was evident, there.
fore, that goods might be prohibited although not foreign. He
thought it his duty to state !that these Acts had not been brought
under the attention of his Lordship (the Chief Baron) at the trial ;
'lhe latter part of the condemnation, therefore, could not help his
Learned Friends on the other side. The Jury had felt the diffi-
culty of the cage, and one of the Jurors stated that Spitalfields silks
were often sold on the coast as foreign goods. On those grounds
he should move to set aside the verdict.

The Coral. were of opinion that the motion could not be
granted, as no points bad been reserved at the trial.

Mr. PLATT then felt himself constrained to move for a new
trial. The counts in the declaration were laid on a titatute which
prohibited the importation of foreign silks into Great Britain
under a penalty of 1001. per piece. Now, it was alleged in the
count that a certain individual had imported, or caused to be im-
ported, certain goods, &c. ; the Act, however, as appeared by its
words, intended to confine the penalty to the importer alone. The
Learned Counsel then cited several Mel, to shew that the ahem.
ti re expression, imported or caused to be imported, was insuffi-
cient. On those two grounds he hoped the Court would grant a
rule for a new trial and arrest of judgment.

The Covar granted the rule, which was subsequently confined
to the arrest of Judgment, the defendant being too poor to bear the
expenses of s new vial,

FATAL AFFRAY AT CARLISLE.

Carlisle, Tuesday, June 6, Half-put Four. p. m.
I have just returned from witnessing a most melancholy occur-
rence. Sir Philip Musgrave, of Edenhail, the ministerial candi-
date for this city, was on his canvass this morning in Caldewgate,
one of the suburbs. Sir P. is an extremely unpopular candidate,
not on account of his personal qualities or demeanour, which I be.
lieve are unexceptionable, but on account of his politics, and more

especially his support of the Corn Laws. Caldewgate is principally
inhabited by persons concerned in the cotton manufacture, who are
now in a state bordeting on starvation, earning from 2s. 9d. to 4s.
per week. and whose feelings respecting the Corn Laws are most
acute. The sight of Sir P. under such circumstances caused great
irritation, and he and his friends were pelted with stones by the
rabble. He took refuge in a private house. The mob increased
to some hundreds, principally, however, women and boys ; but
their appearance was sufficiently formidable to prevent Sir P. at-
tempting to make his way through them. He continued a prisoner
until afternoon, the Mayor all the time busying himself with swear-
ing in special constables. About half-past one, I was coming into
the city from that quarter, where I had some business, when I met
W. Hodgson, Esq. the Club of the Peace for the county, and
.Mayor of the city, proceeding to the place of Sir P.'s imprisonment
with two or three constables and a dozen or so of gentlemen. I
turned and followed at a distance, and saw them advance to the
front of the mob ; and here I may observe that I aid every body
near me remarkedlthe temerity and foolishness of this attempt at a
rescue, as this small party would infallibly be driven back, and a
greater disturbance be raised than ever. Mr. 11. and his party ad.
vanced, preceded by a resolute constable. The rabble slowly re-
treated, but a party of them, ensconced behind a wall which enfi-
laded Mr. Hodgson's little party, suddenly poured such a volley of
stones among them as compelled an instantaneous retreat. Part of
Mr. H.'s little party betook themselves into the neighbouring
houses, which were hospitably opened to them (for only a very smelt
part of the population participated in this outrage), and part betook
themselves to the city ; but I do not think that any of them were
taken prisoners, or otherwise ill-used than IS I have mentioned.
Sir P. continued a prisoner all this time, and I and two or three
acquaintances posted ourselves at a sufficient distance to be out of
danger, and near enough to see the further proceedings of the mob.
The rabble now began to pour from all parts of the town, and, I
think about half an hour after the repulse of Mr. llodgon, an
officer, sergeant, and three artillerymen, marched to the scene of
action ; they were followed by a company of the 55th ; then came
another company of foot, then a few magistrates and private gen-
tlemen,and after them a body of special constables. The whole
party halted on the bridge of the Caldew, which separates the
suburb from the town. They paused a few minutes, formed into
marching order, and then pushed forward,theiold:ers with bayonets
Bud and swords drawn. When within about a hundred yards of
the rabble they paused for a few minutes, when I was told the
Riot Act was read, but I was not near enough to ascertain the fact,
as I kept aloof near the bridge, where I was out of danger, and
could see all that was going on. They then charged. and the mob
retreated, pouring on them volleys of atones, of which, indeed,
they threw a good quantity during the pause above-mentioned.
They cleared the area opposite the house of Sir Philip's ins. prisonment with the bayonet, and then fired three volleys up two
email streets, called Shaddongate and Queen.street.in quick some-
sien,after the retreating mob, the hindmost ranks of which continued
after the bayonet charge (as I have heard some say, but I was not
near enough to ascertain the fact) to pour volleys of stones upon the
soldiers. Sir P., his friends, and the special constables, then
marched up the street together, and in a short time the troops re-
formed themselves, and returned to the Castle, meeting in the way
I troop of horse, who had also been called out to quell this insfg-
Stificant tumult. So far the matter seemed trifling, for every one
sear me believed that the volleys were nothing but blank cartridges
fired over the heads of the mob, which consisted principally of
imam and children, who anticipated nothing worse than the
iessken heads common in an electron squabble. But to my great
'uprise, I was overtaken on my way home by a woman iti the
greatest agony of grief, who requested me to visit her son-In-law,
who was shot. I went with all speed, and found him shot through
the chest, and bleeding profusely. After doing what was necessary,
heft him, to see a young WORMS. She was shot through the tem-
,gle, her brains escaping through the wound. Assistance was evi-
dimly of no use, and I left her, to nee a boy about fifteen, who was
shot in the heel. I am afraid it will be a bad case; probably the
limb will be lost. I then hurried to a young woman, whom I
found under the care of a surgeon, who happened, like myself, to
be oo the spot. She was in tha house at the junction of the two
streets. A ball had gone completely through the house, entering
at one scindow and going out at another; in its passage it made
a terrible fracture of the upper part of her skull. She was tre-
panned, and the depressed pieces extracted or elevated ; but it is
very improbable that she will survive. I returned to the woman
I mentioned before, and found her dead ; the man shot through
the body seemed something recovered ; there are hopes, but feeble
ones, that the ball has not touched the vital organs. I also heard
of another individual being wounded, but did not see him—five in
I have hastened to give you this account of the matter ; if
the Coroner's inquest develop any other interesting facts, you
shall have them by the next post. Ido not wish to make any
comment on this transaction, but to transmit you a plain and im-
partial account of what I myself have seen. Of the foolish attack
on Sir Philip Musgrave there cannot be two opinions ; but its
criminality is much diminished by its being but a stretch of the
usual license of a contested election, by a starving rabble. When
it was learned that the soldiers had fired with ball, every one who
witnessed the transaction expressed the greatest horror at the fact ;
and if the destruction occasioned was intentional, I must say that
it would require streng language to express my opinion of the
slaughter of the poor wretches whose dying agonies I have just
witnessed. But I would fain hope that it will appear the orders
given were, to fire over their heads, which certainly appeared to be
the direction of the pieces I saw levelled, and that from the broken
and irregular nature of the ground, and the circumstance of the
i
soldiery being principallyignorant recruits, the melancholy con-
sequences ensued which I have described.
EXTRACT Or AXOTHER LITTER.)
Sir Philip Lowlifes, the ministerial candidate, has been an-
visaing Shaddongste; the mob locked him up in a shop, with
some of his party, and they could not be extricated without the aid
of the 55th and cavalry ; some shots were fired, and two or three
persons are reported to Ibe either wounded or killed. The Afayor
went down, and he sou also caged, and only liberated by the mill-
' too. Sir James Graham has not arrived, alibauSii 'Alleged every
iameat ; Riot Act Ira wadi