The British Press; or, Morning Literary Advertiser.
London, England, 1821-03-09 00:00:00

lisa Marcos Mot titled in dud es, *BLOM examosallb4 a
libel But had they a right to go ea in, She nanoser they di
saying, can the Marquis " justify fire act ?" The word jai-
lily was cooneeted with erimiontity, and an infereoci
would be drawn that the Mesepris hod conensitted a cri-
minal act. To be justified before whom? Not the Courts
of Judicature, but a self-elected tribunal--Hieniselves.—
England, he hoped, would never submit to suck tribunals.
It was impossible to ray skis was not a libel, or that the
Defendants did rot mean to impute great criminality to
the Noble Marquis. They had no right to say the sesame
were turned out, and obliged to take shelter is Anew;
their mating that a tenant died in consequence, implied
ereelty on the putt of the Marquis, which was completely
proved by saying man was more cruel than the grave evi.
firstly meaning by mast the Marquis. The lines quoted
from Goldsmith, and the picture of desolation contained in
them, were clearly inserted to cause • belief that such hor-
rors had been produced by the Noble Marquis. His Lord-
ship would be greatly mistaken if the Jury did not call this
intemperate dieenssion ; if they did they must give • vet,
diet of guilty. He was glad that proprietors of Newspa-
pers were subjected to prosecution instead of the actual
writer,; fur, if-they would make themselves masers of
others, let them take care of themselves—no itiadveneacy
should excuse them. Arc the character's of ludo/1411mls to
lea sported with in this way) His Lordship colicluded by
statiog, they had Wily two petitions to consider:-Ist,
does this paper apply to the Marquis of Queensberry ?-2.11v.
does it it impute cruel or improper conduct to him? Au
answer in the affirmative would be a verdict of guilty.
The Joey retired for about half au hour, and returned a
verdict of
LOWRY. GENT. o. HOLME.
This ease excited very-great attention in this citx from its
been immediately cointected with the proceedings at the late
election for a Representative in Parliament. and also from
misty individuals beteg more or less involved in its remelt.
It was MS action brought by Mr. Richard Lowry, a solicitor
of this place, against Mr. John Hollow, clerk is the twilling-
house of Messrs. Graham and CO. to recover from Moot 11w
sou/ of lOW. which had beets deposited by the Plaintiff, to-
gather with a like sum of 1051. by Mr. Bowes and others,
to Defendant's hands as stakeholder in a wager, to he de-
termined by the success of Mr. James or Sir Philip Mus-
grave.
Mr. COuIaRNAT addressed the Jury for the Plaintiff, and
in the course of his speech observed, that his client brought
this action simply as • legal preceding to recover the
amouut from the stakeholder, why had paid it over to the
winnow party after baring notice 4l upon him to the
contrary. Were the court, Mr. Courtenay uhsera, d, a tn•. humidor bowie rather thin, of law, be should have thought
it necessary to explain his client's motives for his conduct ;
14111 wring that was n 414 the case, he should confine himself
to legal principles, mod upon those principles it was certain
the PhinstilY was eutillvd to recover. lit the Case of
Allen r H , the law was clearly laid down by Lord
Mansfield, that a wager un the event of Ike election of Mem-
bers of Parliament is void, inasmuch ma it is calenlated to
excite an undue bias in the minds of the *feelers, sobver-
sive of the frtedom of election, stud detrimental to the
principles of the British Coustitualuu. To prime his case he
called
Mr. George Robinson, who deposed that two days before
the comaseerement of the last election lie was at the King's
Arms law, iu Carlisle, in company with Plaintiff sod Mr.
Bowes—that a eager was agreed upon between them respect-
ing the Inca-est of the different esudidatts.
M. ALDEMON, on the part of the Defendant, interrupted
the direct exa tttttt atiun of this witness by asking whether the
minutes of the wager were 'edam d to writing; and nu the
witasss replying in the affirmative, the Judge ref --Ned to per-
mit soy mideoce to be given upon the contents of the
militates, on the legal maxim that oral testimusty shall nut be
received wheat wittleti proof is in existence.
On the examination being resumed witness said he went
with the Plaintiff and Mr. Bowes to Messrs. Graham and
Co.'s hank ; 2101. was deposited with the Drfentlaut ; did
out knew by whim provided, but thought by the Plaintiff
and Mr. Bowes, in equal proportioris ; not sine of that.
Mr. Juba Lowry deposed, that he was brother to the Plain-
tiff; that by the direction of his brother, on the day before
the electioe terminated, he served • notice cos the Defendant
(which was put in) not to pay over the motley; that lie like-
muse orally communicated the nature of his notice, and said
shot Plaintiff would indemnify him if he would return hint
his 1051.; that the Di leant!! tensed, sepsis he was placed
in an arrk•ard situation.

On this witness's cross-examination by Mr. ALomotwX,
he admitted that on the day he gave the notice there was
Slut the least doubt of Mr. James being returned. ileum
observed the Learned Counsel, it is • ((ideal that if the poll
had been different, Lowry would bate acted otherwise, mud
taken the money if lie had won it.
The Judge here said, that in the absence of the paper.
stating the terms of the wager, be eJold out know fur what
purpose the money was deposited; and as no erotica for mu-
duciug it had Inca d on the Defetidant, be should out
permit oral evidence,
Mr. Wm. Best was !ben called—deposed that he wag
Plaint'Ws clerk i that he served Defeo(taut Ist* a notice
nut to pay over the money, but to return ii.-1111is Judge in-
teirupted the examivatiou, to constnuessee of the next ques-
tion leading to the astute of the wager.]
Mr. Robert Norman deposed that be was pleural when
Defeadaut said that he had received t)lt on accutiut of a
wager between Plaintiff and Bowes, and that he afterwards
said lie had received a notice from P:aintilf Nat to pay his
share over.—[lbis *Ham was interrupted on the sante
pound as the last.]
The Judge nusisaited the Plaintiff fur want of legal evi-
dence in not prochociug the avenues' of wager, Or Insirmg
served s notice for its production.
This decision elicited a buzz of approbation in the Court,
particularly when his Lordship stated, that he was not sorry
at the decision, ivasmuck as it world he a proper lesson to
those who were iu the habit of illegally betting money on
the issue of (molested elections.

CRIMINAL COURT.
John Bell, of Carlisle, labourer, was indicted for 'detain
a bar of iron front Joseph Hetherington, of Brampton; he
►ad confessed his crime on his examination before Thomas
Rarnshly, EN. a Magistrate of Ilse latter place, as the clerk
pro►ed : the examnsat• was put in and read.
The I'►usecutor prated the non In be his, and called two
blink ,ant is, wi u had trees, w the habit of buying old iron,
at n=peuec per bar, from such ehacartrrs as the Prisoner.
They uric severely reprimanded by the Judge, who ex-
pressed his wish that they might mute severely punished,
and refused to allow them th• it expenses. As it appeared
that the indicinieut cliaiged the Prisoner with a common
law larceny, Then it ought to have (lured biro with felony,
bar Lordship dimetesl the Jury to acquit hint, which they
did; and, on his congratulating the Prisoner on his escape,
his Lordship called upon him to prove his gratitude to the
laws that hail saved biro, by preferring a charge against the
hlack.miths who hash bought iwu of biru„ as they were
greater rogues than himself.

FIRE.
Monday evening about 7 o'clock, the •illage of Lover
Claptun was thrown into the greatest roufusi.m, in outage-
tpiclice of a lire hmaking out in the mansion of Hunil-
ton, E•q. which burned with the greate-t fury. The Slimes
were Mat divcovrerril Westing through 11. e attic windows, by
a woodman who was passing, nod also tare an instant
alarm. In a short lime, the engines belooging to Hackney
parish arrirril on the spot, but were nut sufficieetly power-
ful to euntriiiil the forty of the devouring elrineut, which had
attained fresh power by cunsinouicat int to the house of Mr.
Janson, nearly adjoining, sod, anforsiosately, the engines
from town having bees entageil In subduing n sonikir dis-
aster at Woolwich, could nut be got in requisition, su as to
reach Clapion before the premises were nearly rilluced to a
heap of riling. By t►at time the Are had extended itself lu
the Wove of Mr. Rivers, but by the active exertions of t►e
firemen suit oilier., it was fortunately checked in ifs pro-
grow, soil Mistily subdued by midnight. A pour tomen who
had lived in Mr. Illsosiltoo's family for years, sad bad sawed
shunt 1007. lost it all is the Ire, sad did out eves save a
change of wearing apparel

IJCELANJi. •
Ou &dumbly, the 24th elt. two smuggling yes•
sell hove in sight at Mutton Island, near Mdtown
Malby, and in a short time neared the shore with
the intent of landing their cargoes. One of them
having mistaken her position, struck the ground in
front of Cirrus,' Castle, and could nut get off, upon
which she made signals to her consort for assistance.
The coast was immediately thronged with soldiers
aud police, who perceiving her discharging the car.
go, and sending it in canoes to the other vessel,
continence() firing musketry upon them, which was
returned by the smuggler, and ome of the police
shut. The smugglers succeeded in conveying the
greater part of the cargo no board the second yes.
sel, and having set fire to the stranded one, she
burned to the water's edge. The second smuggler
put to sea immediately with b. 41, crews, one of
whom was mortally wounded by the fire Er the
61106% The view from the shore of the vessel on fire
was most magnificently grand, and when the file
reached the magazine, the raisins' was so tre-
mendously awful, that it struck terror through
the country.—(&unii Chrowiek.)

GALWAY, FEBRUARY 25.
Between the hours of right aura mite o'clock on
Thurodey night last ■ tire, assuming a very serious
appearance, was discovered in the town of Athens)...
which could not be sulxlued until five lions s, and
the property they contained, were totally consumed,
notwithstanding the united exertions of the inha-
bitants, assi►ted by the military stationed in the
town, whose alacrity on this occasion reflects great
credit on them: The loss sustained by the pro-
prietor, JAbiES BLAKE, Esq. is much to be re-
gretted, as lie recently expituded u large sum on the
building of these houses. Fortunately 110 Brea were
lest.— ( Connaught )

NAVAL INTRLLIGISNCF.

PORTSMOUTH, MARCO 7.
Arrived the Fradinglisim, I.sugriek, (ruin Cuprnkageo.
Pit%sed I. the Mrl4(llr,Willesion, from Bahia for Bremen.
Sailed the Erick, fur I.4miJuss.
PLYMOUTH, mulct' 6.
Arrived off the port the 8/Miami, Atkias, from Charles-
ton, fur Antwerp, nut 23 days.
Arrived the Edwards, Germaine, front Loudon, foe Ja-
maica. The Pieter and Emma, Dutch ship, bolisid to Bata-
via, which was detained by the ships Cherokee and Pigmy,
has beru thia•day ►ekased by the captors.
FALISOUTM. MARCO 5.
Sailed the Isabella, Grepes, fee liettedeaux.
COMPS, MARCO 7.
The Berry, Avis, from Waterfo►d, ha. beets on shore off
Cowes Castle, but gut of agaio, and proceeded for lapadoei.

7.
An anchor weighing shoot nine cwt. with only owe ann
and about 156 fathoms of patent chain cable, incept shoot
fathom and a ball, al the end of which is common chain,
has been taken upon the Goodwin Sands and landed here.

OVAL, MARCH 7.
Arrived andsailed for the River the l'arnghelbasid, RIO*II.
from Demerara ; Canada, Amer, from the Cape of Good
Hope; and Norfolk Mao, Cuthbertron, from Fiume.
(:ante dons from the River asil remain the Mercy, Rarely,
for Barbadian; Rumer, Leckie; and Oroatieo, Cniessing,
fur Demerara; Ruby, Merlon, fur St. Michael's; Promise,
Hill, for Rio Janeiro; Derlingtas, Wheatley, fur Smyrna;
and Carl, Gavle, fur Geom..

sionnoolv, Ashman 4.
The Fortes', Janson, of druntlahl, boom& ni La Hogue,
was totally wrecked bele ibis satetnitig; crew saved, ester&
the waste foul boatswain.
-
LANARK AND ItIINFRRWSHIRR COURSING

The ('up, for Doss of all ages was ruo for on Sir !oho
Maxeril'a estate of PoHuh, on the 22J and WA Fe-
broarb 1821.
STATE OP THE RUNNING.

FIRST CLASS.
Mr. C. Cairnie'd red d. Omar beat Mt. N. Calrnie% red b.
Jeer—(dr.)
Mr. Howie's *bite sl. Hanibletoniun beat Mr. N. Cairnie%
red b. Nettle.
M►. Mare's brindled A. Rival beat Mr. H. Tbomsou's blackd.
Wellington.
Mr. It. Smith's black d. Jupiter beat Mr. Hamilton brown
b. Fly.
Mr. Goildes's white and black d. Spanker beat Mr. Gray%
black d. Sultan.
Mr. H. Thotuswes black I. Nimble beat Mr. Mures black I.
Roby. • • _._ _
Mr. &Pigsties red b. Fly beat Major Mackie% yel. b. Lam.
Mr. Graham% tire b. Fly lam Mr. Mme's black b. Ms.
Mr. WlSlair% red at. Marquis beat Mr. Geddes's blue d.
Tippuo.
Mr. R. Smith% Wk. tl. Rocket heat Mr. J. Hillock% while d.
Lightuing.
Mr. Graham% blue d. Nelson beat Mr. Geddes% brindled b.
Topaz.
Mr. Wtotherspootes black b. Charlotte beet Mr. Graham's
black d. Driver.
Mr. C. Cairuie's black d. Wellington beat Mr. h. 111011611011.11
spotted b. Fly.
Mr. It. Smith's black b. Cleineutina beat Me. Grabanes
black d. Blocher.
Mr. Mord« h's brindled d. Deady beat Mr. Muse% blue sad
brindled d. Blowfly.
Mr. R. Smith's black b. Witch beat Major Mackie% brindled
01. Spanker.
SECONDCLASN.
Mr. Illordoch's brindled d. Dandy beat Mr. Wothsespooses
black Is Charlotte.
Mr. Getkies's white and black d. Spanker beat Mr. R. swab.a
black d. Jupiter.
Mr. 111• Nair's red b. Fly beat Mr.M.Naie's red A, Martpois--
(dr.)
Mr. N. Caknin% black d. Wellington brat Mr. Grabalea
blue b. Fly.
Mr. R. Smith's black I►. Clementiaa beat Mr. C. Cairniti
red d. (hear.
Mr. Mures briadlcd d. Rival beat Mr. H. Thomann% black
b. Nimble.
Mr. R. Saakh's b. Whets beat Mr. R. Smith's black d.
Rocket—(dr.)
Mr. How it's white d. Hasibletomiam ►aat Mr. Grahame& blue
d. Nelsou.
THIRD CLASS.
Mr. 314 Nair's red b. Fly beat Mr. It. Smith's black b. Cl..

usentsua. ,
Mr. iluwie's while d. Hainbletoniar beat Mr. Murdoch.*
bi indled d. Dandy. •
Mr. It. Smith's black b. Witch beat Mr. N. Cairale's Mt. d.
Wellington.
Mr. Mule's brindled d. Rival beat Mr. Geddes'a white and
black d. Spanker.
FOURTH CLASS.
Mr. Mare's briodlcd it. Rival beat Mr. R. SNOW, black b.
Mr. M`Nair's red b. Fly heat Mr. Howle's white d. HaimMe.
FIFTH CLASS.
Mr. M'Nair's red b. Fly beat Mr. Mere's Brindled d. Rind,
and nun the Cup.
Mr. John Bonitos, of Mallow, Tryer.
The weather was very lee, the hares pkaly, anti lIM
spurt excellent.
After tie murals& Lieutenant-Colossi Smith rode a
match against time scream the reentry. three wiles in. ten
animate", which be did I* seconds within the lisle.