The British Press; or, Morning Literary Advertiser.
London, England, 1822-09-20 00:00:00

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IRELAND.
• .
inr.l4ll, arsons* 17.
ital or Debater, the Honourable Mr. bal.-
#l.lollhicostrivid its town on Saturday from Holy-
.bionitipCnoynghene and suite arrived atStsmer's
• f Anuis, on Thursday lat.
• itORAtRLE TRAIEACTION.
Vehottit's INQuiVie.-011 Friday evening some
tiling, having a writ against an individual named
IV4tes Irwin, accompanied by William M'Cor.
who, as it is owl, represented the person who
had markell the action, repaired to Barrack.strett,
for the purpose of arresting Irwin; a scuffle is
viand to have taken place. in which the 'inform-
,: mate Istria received two desperate wound; from a
*tarp instrument ; the captors 'teemed him, and in
,his state lodged him in the Sheriff's ',thrum At
fielt it was considered that his hurts were not dan-
gerous; mortal symptoms, holvelrer, quickly op.;
peered, and the dying man declared in the pre-
*nee of .peeee.officer Phillips, of Mountrath.
'Meat division, " that he knew amen nettled Jame,
Bowles, who (he declared) had stabbed him in the
Kroll' with a rlirk ; he also knew another person
named Connect; who hod at the same time stabbed
him with some sharp weapon iu the breast; a man
called l'arcernsiett had a pistol in his hand, and
another napi.A Hetherington • swerd, when ho
(trtviu) was mailed, but be could not say whe-
ther the two latter hail streck at him's. not I
Shortly after this declaration he breathed His last.
Warrants were immediately loused for the arrest
of the four' just mimed. they were handed to
peace-officer Philltint, who look t*o or three asaist-
ants with him, and went in search of MrCor.
Tick, to his residence in B irrack-street; he was
denied there at. first, soil was subsequently warned
sot to go op stela, for, if he did, MrCorrnick was
provided with a brace of pistols and sword, and
would assuredly blow his brains our. The deter.
ruined and active officer was not to be intimidated
rfi the discharge of his important duty, but pro.
ceecird to search the rooms on the first flight ; as-
cending higher he looked through a key-hule, and
perceiving the shadow of a man within, fearlessly
declared his bovines', slid demanded his prisoner,
and on threatening I. force his way through all im-
pedimeuts, the door was opened, and M'Curmick
yielded himself. The other persons included in
the warrant wete taken in Ch tries-street, whence
one man made so ineffectual attempt to escape
through a hack door. All the prisoners were safely
lodged in Newgate.
At one o'clock yesterday Alderman Jones, as
Coroner, attended the Sheriff's prison, iii the cli4.
pep of ',bid) a Jury was summoned, and an inquest
bed. Mr. IL Semiet attended as agent tOr the
prosecution, and Mr. T. Taafe on behalf of the
Prisoners.
Sttegeon•Stmkes proved that the deceased had
died io consequence of wounds inflicted oo bias by
sheep iastruments.
Denis O'Loughlin was next examined.—fie said
that he conducted business for Mr. *Cullen in
Barrack-street, and chit lie saw a great tumult out-
side the door on Friday evening after tea ; he idea-
tited bowies and Connell (why are under Isaijiffi
of hitiipg 'keen then present ; Hetherington and
111•Certnick- were likewise there ; he said he ob-
served the deceased ; saw him stabbed with
a bayonet, ace, and by persons whom he would
kuow again, liiiwleadesired witness "to hop off,
for that Irwin was his prisoner." Irwin refused to.
go with the.mett who held him, his hands were then
bleeding ; one of the bailiffs swore most violently
that if y! he *avid not go to prison with him the
Wouldmurder him.

Peace-officer Philips was next examined.—He
deposed as to the declaration of the deceased prc- •
tidies to his death ; it was in substance as above.
Aldertnaa Jonts deprecated, in strong terms, the
barbarous conduct of, the bailiff* towards their
wretched Prtsuner—at the same time animadverted
Go the neeeesiey of due submission to the laws in all
cases where action* were marked against debtors,
and in conclusion told the Jury that, having been
assembled duty for the purpose of inquiring how
the deceased came by his death, he conceited that
hule difficulty opposed i.self to conviction in the
care then 'wrier their considerstihn.
-The bode of the deceased was examined, •ntl the
two ghastly wounds inspected,
ThePriooren' were in the room during the In-
guts's, and were beard in t)seir defence—they were
then withdrawn to Neirgate,, and after some short
deliberation, the Jury found the following ter-
did We find that the deceased Walter [rain
came by his- death 'in consequence of wounds in-
flicted on him with some sharp instrument, by
James Bovilesand James Connell, and that William
fletherington and .Wes. 31•Cormick were during
part of the time present, armed with • cane-sword
mod pistol."

WIMPORD, SU/TIMM IC
SHOCKING OUTRAGE.

it has seldom been our task to record a more
premeditated aid barbarous natrage than this srhicer
we are how about to communicate to our readers.
11-fidget Bent, aged eleven years. the only child of
a poor widow, liviog at Belk-rue, returning home
between nine and ten o'clock on Sunday morning*
bating been. absent bet • few minutes, saw a
woman named Margaret Deveresx, who lives at
Iliedwgreve, a abort distance from Belk-roe,
Pitting open i stool' inside her mother's (the widow
Rene.) doer. Wised Bridget Bent, abase mother
woe at chapel, appreistcherl, she. was asked if
she had siren. Om -hale pige -open the road,
to which she replied in the negative. On entering
the house the little girl perceived that it was pion-
dated, and demanded of Margaret Devereex why
she had turned op her mother's ben, and 'tattered
her Clothes about the fluor. • The latter immediately
said, " I'll kill you if yeip.,ygy that I touched her
clOthes;" at the seine liaso.taking.'down a sruh fork,
with . which, having knocked the anfost waste child
dawn upon a quilt, she coetiosed striking her rio.
leidly upon the head tillitet cries were no longer
heard. The wretch then listeihd, to ascertain if'
she had completed heir &citrons walk, sod sod.
• iag-she-eitild breathing, again 'truck her upon the
Aired till the fir* was.bent nearly doable. She
then took the -pitchfork' Trop beiriod the dose and
week her, using both the handle end hoe part,
Aed stabbed. her -with h le the side sod arms.
Illeving-liatesse a stroiad.tiher. and not h *be
*mien . 44,1641 okso,..dotiviebot• this
. , ,
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brutal treatment, still lived, and had the address
to hold her .12realh,.: she imagined eh., -had effected
her purport., and departed with her booty, which
conristed of a few yards of calico, two or three
caps, some tea and sugar, sod four tenpennies ! In
the evening of the same day the offender, who
is about ea years of age, was taken in the cabin
where sire (*lvor, aria committed to gaol, and the
innocent object of her brutality conveyed to the
county iiifir 1111 try. Though her head is in a fright.
fill condirion, covered with woundA, and pact of
the scalp rut away, yet no fracture was Made,. and
kopek: are entertained of her tecustry.—(Wcalord
(herald.)

IVEIV .111I1•11 WALE&

..31

inTRAcr PROM THE REPORT OP TIIR COMMIS-
IHONIIR OP INQUIRY 14TO THE STATE OR THE
COLONY or NEW Solllll
(Continued from our Paper of yesterday.)

Upon the second point I would observe, that
Mr. Marsden had on one special occasion made
surong rerremioution to Governor Macquarie 'Mo-
sel? upon the stare of the factory at Paraniatta, and
upon the sell more di plorable state of the hospital
at Via place ; but that, observing that no measures
were tin in the colony to remedy these evils, and
that he hail no influence ill disposing the GoVerlior
to apply any portion of his merms to afford it, he
abandoned the hope of producing any effect by per-
sonal or written communications to him; but I
have not heard or k•iown of any that he addressed
to your lordship on these subjects. lie bad pre-
viously remarked, in conversation to the Governor,
on the injudicious severity and length of certain
punishments inflicted by the criminal courts of the
colony, and warned him of the comp querices of their
being brought to public notice in England; and,
when the mar:inert' of Mr. Bayley, in which these
circumstances were set forth, was trmismitied by
you► Lordship ■s a charge against the Governor's
administration, suspicion then arose in his mind
that Mr. Marsden was the author of the statement.
It is, I conceive, upon this suspicion, mid from au
impatience natural to those in the po•aession of un-
controlled power, of any act that has a tendency to
expose or repress what is wrong in its exercise, thst
Governor Macquarie thenceforth regarded Mr.
Marsden in the characters that he has imputed to
him : first, of hieing a secret maligner and detractor ;•
and, secondly, of being an open and avowed enemy.
Admitting these charges against Mr. Marsden to be
true (I conclusion to which neither my inquiries nor
the evidence before me will warrant), they are, for
offences, of a nature rather permuted to Governor
Macquarie, and therefore more fitted for adjust-
ment by private explanation ; but they could not
furnish an excuse fur his frequent departure from
the courtesies of language, that are usual in all
official communications, or for wounding the feel-
ings of so eminently useful Magistrate, by casting'
art unmerited reflection upon the circumstances of
his reti►ement. •

In consequence of that retirement, in the month
of March Isle, a greet burden of public buiiiness
fell upon Mr. IL bit M'Artliur, and it was not
till the early part of the }ear 1819 that any other
addition was made to the number of magiatratiss.
In counderation of these circuinstatices and of the
increasing population, it is ntrit'er of wonder, 04
well as of regret, that Guveruur Macquarrie did net
sooner avail himself of the services, of certain indi-.
'Aught in the colony, who would have made the dii-
ties of the local magistracy less onerous. This
subject had been suggested, though not in an offi-
cial shape, to Governor MacqUarrie, by Mr. Judge
Advocate IVylele, who had Natter pointed out the
nausea of Mr. Oxley, Mr. G. Palmer, Lieut. B-11,
Mr. Harris, Sir John Jainieson, Mr. Edward Riley,
and others, as highly deseiviug of such an ap-
pointment.
Of these Gentlemen, all were qualified to dis-
charge the duties of the magistracy ; and the only
one to whimthe offer was made (Mr. G. Palmer), .1
for certain personal enasiderattons decli, psi it.
These Gentlemen, as Mr. Judge Advocate IWylde
has justly observed, would have supplied the want
of assistance that existed for sonic time in the local
management and correction of the convicts ;
whereby the aversion of masters to the trouble and
inconvenience orresortiiire to their authority would
base been greatly din iuishrd. the dircipline of the
convicts would have been better maintained, and
the discretion exercised in directing that discipline
would hive been more extended.
The expediency of adding to the number of ma-
gistrates of Sydney an. still mote apparent, as after
the departure of Mr. E. Riley and Mr. Broughton
there remained only Mr. S. Lord, and occasionally
Mr. Brooke, to aristat Mr. %Vent worth in the weekly •
duties of the police, sod to discharge the still more
• important duty of assistant member of the Supreme
Court. After the disenteion that had taken place
' between Mr..J. 11. Bent sod Governor Macciesar-
ries on the admission of peesniis who had hien con-
victs to practi-e in the courts as attorneys, the
negative that your Lordship hes been pleased to
give to their admission to the court,, nod the little
estimation in which she character of Mr. Lord was
held, it was tint without surprise that l found that •
he had been one of the first persons selected by
Governor Alactrarrie to eit upon the bench of the
supreme court with Mr. Justice Field at Sj dney, on
his arrival. Mr. D'Arcy Wentworth was the other
member of his court, and although the respect of
Mr. Justice Field fur the Governor, would at that
moment have restrained him from making nny ob-
jections to the nominatioh of Mr. Lord, .1 lie had
'even been acquainted with the circumstances of his
situation, yet he expressed to me the feelings of
indignation with which he her since regarded this
nltPoiolmerrls sod the want of candour in Governor
Macquarrie, in not sooner making him acquainted
with the nature of it. _ •

It appears that Captain riper and Dr. Dorris,
who were appointed in Him were then resident in
Sydney, its well as Mr. E; Riley, and were in every
paint of view more At for the discharge of the
ditties assigned to Mr. Lord. In the Windsor di,-
-Wei, after the..ersiguatioa of the Rev. Mr. Cart-
wright, the Magistratea nasfrieted of Mr. Cot Mr.
MSelbow , and Captain Malaya. The first of theine
gentlemen is not wanting in miticity, or in many of
ttie 9nafitfea that are essential in a Magistrate who
Is /o_iiirisier 'the law iit.ble.a SastililVaha. • At
41711 it was Ova/Mot Mrskairme, mid ogrieted

-,,.~.

by Captain Oratyp aria Mr. Mi he former
un officer of the ►eteran companies, and the latter
the As.istant.Surgeon on the Colonial E.tiblish-
meta. From the observations I. was eimbled to
make of thieve individual., it is lio disparagement
to them to remark, that the addition of Lieutenant
Bell (the person recommended by the Jtedge.Ad.
vocate to Governor Msequarrie), was in every re.
spect desirable ; Lientehant Bell now acts in the
dirtfiets of 11'ioti.er, and that part of the Rich-
mood diqrict th.tt is un the left bank of the river

I have already had occasion to observe, thnt until
the month of March, 1820, the jurisdiction Of
ninny of the magistrates was limited by the terms
of their commi/4101.6 to certain districts, the bouts-
darn!, of which nut having been clearly defined,
some of the magistrates had unknowingly exposed
themselves to the consequences of emit% without
jurisdiction.
This inconvenience had more than once been sug-
gested to Governor Macquarrie by Mr. J
vocate Wylde, on his arrival; and on the appoint-
ment of Mr. Brooks to the magistracy, in the
month of A itiittot, 1817, when he was appointed a
magistrate of " the territory of New South Wales ;"
but • !united district appointment was subsequently
given to Captain Braila, and Mr. Howe and Lieu-
tenant Bell were made magistrates of the coanty of
Cumbeillial, while Sir Joint Jamieson, Captain
Piper, Mr, llorris, and Mr. Reciter!), were made
magistrates of " the whole territory."
Goternor Macquarrie did nit thus think it ex-
petiient or necee.snry at that time to adopt the Judge.
Advocate's suggesiton genera lly; and the jurisdic-
tions of the magistrates remained in this unsettled
st ifs until the month of February. 1820, when,
without any later comotimication with the Judge-
Advocate than that which is just now mentioned,
Governor Ma«ioarrie issued on order in the Sydney
Gurette, in which, " after stating that certain of
the precepts constituting magistrates within the
county of Cumberland had not sufficiently distinct-
ly expressed that they were iitteniteil fur the county
at large, as they should have door, whereby a doubt
hod arisen about the said cot tttttt batons giving •
jurisdiction by and the limits of the !sortie-War dis-
tricts wherein the magistrates happened to reside,
his Excellency the Governor was pleased to notify
to all ',ergot's coi,certied, that the magistrates hold-
ing such cretimisoions of the peace were to be
deemed and considered the magistrates of the
county of Cumberland ; and that in all general
meeinigs of the maporate s they were to take rank
and precedency ar Cording to the dates of their cow-
miss oils."
It is to be regretted, that the nature and unfre-
queitcy of Governor Macqnarrie's official commit-
me:atoms with Mr. Judge-Advocate We'ylde, at iha
period of issuing this order, had not prevented the
appearance of a document, which attributed to him
nod his predecessors a want of professional ohm-
tion toms object of "such importance as the terms of
commissions. Idu not think that such
an intention us imputrible torGuternor Nlacquarre,
or his secretary, fur a cursory fierusal of the docu-
ment Itself, or those to which it referred, woull
satisfy any person that the evil arising from the
ambiguity of tile terms of throe commissions, and
which it offected to regret hnid mat rested with the
person who drew them up, but wiali the person
who gave the directions; and Mr. Judge-Advocate
leV)ide has satisfactottly proved, that in his aline
the commissions were made out from, sod strictly
pursued, the dire ctions of the Governor him-
self. It woo therefore front a defective prin-
ciple of limitation, and not a defect in the
terms of the commissions, or want of techni-
cality, that the evil consequences of am higisity had
arisen. Thu, the appointment of " the lieverend
Henry Fulton, c!erk, of Castlereagh, to be Justice
of the !'race nod Magistrate fir the township of
Castleremeh suit district of Evan, both in the
county of Cumbarland," could only imply that his
jurisdiction was limited to those distil( to which
were situated in that comity. The terms of the
appointment II Mr. Cux, designated loin " to be
■ Nlagistrate in the district of the I-Inarkelibury and
county of Cirmherlairil;" and those again of the
appciniment of Mr. Hannibal M'Arthiir, expressly.
limited his jurisdiction to the town of Parantatia
and the adjoining districts, without tuentioeung the
county.
Mr. Judge. Advocate Wylde did not fail; at an
early opportunity, after the appearance of the order,
to- point cut to the Governor the inefficacy and
iiicorrectoess of such u proceeding, amid of confer-
ring such new and enlarged jurisdiction in any du-
CUlPellt less formol than Ilium of a ncw commission.

The Governor, when convinced of his error, con-
sented to adopt the recommendation of Mr. Wyllie,
and • commission was 'accordingly issued on the
3 tat March 1820, wherein all the meliorates whose
jurisdiction hod been hitherto limited, or supposed
to be limited, to districts, received commissions for
the whole county of Cumberland.
Till the awesome* of the order of the 9d
February, 180, it -has been costowary . to
assign rank and precedence to the Magistreses
in New South Wales on public occasions,
according to the extent of their jeirisdiction, and
not according to the sonority of their commiasions
thus there were Magistrates for the territory and its
dePendewcies, blegestrates for the territory only ;
Magistrates far the county of Cumberland, and
Magistrates r6r the districts ; but when, by the or-
der of the s:b February* 1830, the Magistrates of
the'd:etricts were elevated to the rank of
trues of the colicty, and all Were 'to take prece-
dence according to the dater of their cbsomissions,
Governor hlacquarrie yielded •to the apprehensions'
of some of them, tespectitig this sudden sonihilstion
of their rook, laud recommended, that although the
rule of aeniosity should decide their places open)
the bench, yet !hat on public occasions uud cere-
monies. rank should he accorded, first to those who
were Magistrates of the wintery and its depen-
dencies ;• secondly, to those who were Magistrates
of the territory only; sod, thirdly, to those who
were Mogistrates of the county of Cumberland.
Mr. Judge-Advocate Wyllie inivingudOted
vernor Macliiinirie, in answer to an inquiry of his
Secretary, that sucli declaristion of rank could nut,
with any propriety, he introduced into a precept,
he proposed that a eindrission,liiclesoing the names
of the Mulisteutes, terwhons new ehd enforced juris-
diction was given, ihotlld be publesited„ which errs
ireordingly crone,-end neciefeteuce being more' to
their reek ,of predidence, theseiOints coofiniao to

be subject to the provisions of the inter of the 3d
February 1340, and which remaining unrrpealed by
any subsequent declnration (except to Magistrate'
or the territory and its dependencies. only two in
slumber, viz. Mr. J. T. CH•lipheil and Mr. Minchin)
forms the existing rule of their present precedence.