The British Press; or, Morning Literary Advertiser.
London, England, 1825-01-31 00:00:00

SALFORD SESSIONS, Jaw. 27.

'IMPORTANT TRIAL TO COTTON SPINNERS.
Y. O'Neal stood indicted for an assault on Ellen Jefferson.
Ellen Jefferson stated, that her husband was an engineer in the
employment of J. Latham and Co. She knew O'Neal; she was
in the habit of seeing him ; she worked in the same room with him
came. On the 23d of November last, was going to her tea about
half past five o'clock; she saw O'Neal and other men; heard
O'Neal say, " I have heard that Latham % have got the engineer's
wife to spin ; if I can meet with her I'll kill her." The same
esienfng was leaving the factory about eight o'clock, was let out
through the private door; saw O'Neal and three or four other men
agar the factory; had her little girl with her. They went towards
the bridge. Her little girl said—" Oh, dear ! they are coming."
The mtn came up to them. O'Neal looked her in the face, and
said—'• Ire have got her now ;" and immediately struck her a
violent blow on the head with a stone; she did not fall with the
Sint blow, but was struck again by another man, which felled her.
When on the ground she was kicked, and then became insensible ;
Is sure O'Neal is the man. Afterwsrde saw Mr. Latham, and told
him that she knew the man, that he lived near the factory, and had
on a fustian jacket.
On cross.esamination by Mr. AsnwoßTH, she said—l did not'
say to Edwards that I could not know who the man was ; I did rot
describe the man that night. I did not say that I did not know the
man, because my eyes were full of blood, and it was dark. I did
say I did not know the man who struck the second blow. I have
been out of the way to avoid coming here. I did not say to Smith
I could not swear to the men.
Re-examination.—l have said I have a small family, and do not
kwon into whose hands they may get. I have said I did not wish
to hurt the man.
E. Jefferson—l am daughter to Ellen Jefferson. I recollect my
mother being hurt; I saw a stone thrown at my mother. She
screamed and fell down ; I did not see the first man strike my
mother.
W. Latham—My father has a spinning factory. There was a
turnmut in October, and another in November last. On the night
in question I let Jefferson out at the private door. Soon after
heard a scream. She was very ill hurt. The next morning she
described the man said he worked in No. II room, and afterwards
in the cock.loft ; that be had a fustian jacket on. Her description
answered to O'Neal.
James Jefferson--I am the Minium] of Ellen Jefferson. I
stopped behind that night. O'Neal was one of the turn-ours.
I heard her scream; she bled much, and was ill fur four or five
weeks.
C. H. Hyde—l am a surgeon. I attended Ellen Jefferson for a
tooth; found her greatly exhausted. She had received a very
serions injury.
E. Owen—l am a solicitor. The ease, on the first warrant, was
dismissed, on the ground of the statute requirini; two witnesses
agates, OatatliCl . e have oruegrii Ellen Jofferenn bore by •
subpena.
DEFENCE.
Harriet Clarke worked at Berby's factory. On the 23d of No-
vember last saw E. Jefferson near the bridge. Saw three or four
men, about twelve or fourteen yards off, coming from Jefferson ;
cannot say there were none so tail as O'Neal.
Elizabeth Edwards—ls neighbour to Ellen Jefferson; washed the
blood off her on the night of the ?3d of November. A night or
two afterwards I asked James Jefferson if he had found out the
men. His wife said, "I will not swear to please thee. or any
other man, for my eyes were full of blood, and it was dark."
Cress-examined by Mr. Come max.—My husband is a foundry-
man. A few weeks ago he was out of work a week because of low
wages.
W. Smith—Ellen Jefferson told me she could not and would not
swear to the men. _ _ . .

Gross-examined.--Jefferson and me were alone in my sbnp.
Margaret Campbell—O'Neal lives with me. Mrs. Jefferson
erne to my house last Tuesday but one, and said she had been out
of the way since the Saturday before, but they bad met her by
chance and given her a summons. O'Neal said—l can't help that ;
yourself has brought you in this hobble.
Cross-examine-hly husband worked is Glasgow ; was out of
work two months through a turn-out.
ilarnes Kennedy—lt as with O'Neal on the night in question,
'!rene six I. rune, p.m. O'Neal then went home.
Cross. exurnined—l live near to where the matter happened. ,
•is A turn-out from hatliam's factory, but now work there.
,lbhn Woiran—On the night in question I was with 'O'Neal
liana six to nine, p.m. It struck eight when I was near the Ea-
eking*.

—. thought It was the old church clock; can't
foils any. judgment what clock it was. I :on a spinner ; I was not
In work.
For the prosecution Mr. E. Owen was celled, and stated, that
when Worth area before the Magistrate he swore positively it was
tlye.old church dock he heard.
W. Kilhy—At the time in question the old church clock did not
strike at all, being out of repair.
Verdict—Guidtp.
trace.—To be imprisoned three years in Lancaster Castle,
and-feud two sureties to keep the peace fot two years longer.
This trial lies attracted great attention in this town and neigh.
houebood. The issue of it was waited Inc very anzioutiy by a
crauded Court. It lasted seven hours. The master SpillOCl6, as
waif as the operatives, were present in great numbers.
As A. Christie, Esq. of i'-eterborougit, was hunting on
Tuesday, his horse fell with him, and he was so much
JIM that he was obliged to be conveyed home in a carriage.'

IRELAND.
COURT OF KING'S BENCH, Millais, Jar. 26.
SECOND DAY.
LIBEL ON THE LORD LIEUTENANT.
THE ZINO, AT TIDE PROSECUTION OP THE ATTORNEY.
GENERAL V. CHARLES BOLTON JOHNSTON AND TIMOTHY
HAYDN.
saint mornTkeint,traitt Judgestenwaso'calsoeckro,„.t.hdeedas
on tot:
from the esullent arrangements made by the Under Sherif, the
pthreadeir stztsduoyn.
butthe
auditory were in no material degree inconvenienced. The Chief
Justice immediately proceeded to state the judgment of the Court
WAto whether the communications had between Mr. Rody
te and the defer.dant, (Haydn,) were confidential comtnual-
I cations between attorney and client, which it would be improper to ,
disclose.
In the ease of 'Wandsworth w. Hamblin, 2 Brod. and Bing. note
P. h. decided by the present Lord Chief Justice Abbott, lit March,
milltlt9u,itiat.wtuun,GueCniiteled, zntirtmantote,CWonfrubuunsiicaneGoon; was atipurievri
19g.BrIedodon.whamt.ladd.
been overturned itt the cue of t:ormack V. Ileab:tint cotte,
Bing, decided on the 20th Feb. 11124, and also by the case of 'Wil-
liams v. Mundy (Carrington, IM); and also by the case of Bram-
well v. Lucas, 2 Barn. teed Car., 7.11.1.
muTultrate Ctiountiolltbrewtwereeenofuoupyindinonautldiatilu.bridteerutthuatest
bdeecsuuiusinindseted, theactobtne..
Ing in the nature of pridessional, Lad. therefore, privileged com-
munications, and that Mr. White should not be compelled to
answer.
Witnesses were examined who proved Mr. Haydn to have been
couneeted with the l'atriitt Evening Mail, and Star. 1
Mr. NORTH now rose to address the Jury for the defendant,
Johnston, and he thought It right, at the outset, to afford a full and i
frank admission, that if the production which had been given in ,
t evidence bore the interpretation put upon it by
.his Majesty's At-
torney-General, that gentleman would be wanting to himself, to
the Lord-Lieutenant, and to the country, if he did not make it a
subject of prosecution. But it was note libel, such as the Attor-
nee-General had declared, or, that he came there that day to defend.
If the character of the publication were of the description imputed,
he should, with an utter hopelessness, have shrunk from the defence
of any man who could have been guilty of giving publicity to a do-
cument so foul and false as that desuibed by the Attorney• General.
But there were two inquiries necessary, and in the consideration of
these he would require, and he entertained no doubt but that he
should receive, the aid of the Bench. The two questions were short-
ly and simply these :--First, did Johnston publish the libel as
charged ? and, secondly in publishing it, did he transgress the fair
limits and boundaries of public discuseion ? And, in the consider-
ation of this latter question, there were some rules of law which
appeared so perfectly plain, that it was quite impossible to dispute
them, before the minds f the Jury, who were calm and well.
judging men, could_ be coerced in pronouncing that Johnston
had been guilty of giving publicity. It was no avec by the
-laws of England to be the proprietoe of a newspaper, in which a
seditious libel may have made its appearance—no man was called
on to plead to such a charge, and the Counsel of any person ac.
cused, would advise him to demur to such a charge. It was no
crime to keep a bookseller's shop ; it was no crime in Mr. Milliken
or Mr. Archer to have sold a seditious libel, but having given pub-
licity to a particular pamphlet in which there existed libels, it then
became a question whether the bookseller published this pamphlet
or not. So in the present case they must first be convinced that the
article declared, as to the indictment, was libellous, before they con-
victed his client, Mr. Johnston, of the publication. That Johnston
published the article was a fact which the Crown should have
proved by distinct cogent evider,ce, and it is a fact not easy of proof
in all cases. So well aware were the officers of the Crown of this
difficulty, that the Legislature had enacted an express law to relieve
the Crown from that embarrassment, and making it imperative
on the publishers and proprietors of newspapers to make an affidavit
of their being the orly persons exercising their respective duties in
each newspaper establishment, and obliging them also to deposit a
Number of each of their publications, which might at all times be
evidence of the contents of ;he paper. These were the statutable
proofs which the Crown was enabled to make, of articles published
ns each paper. Accordingly the Crown resorted to the provisions
of this statute in the present case, and an attempt wan made to
prove that Johnston was the registered proprietor, and had mode
the affidavit of his responsibility at the stamp-office. To prove
this fact several witnesses were examined, the amount of whose
evidence was, that it appeared the name of Charles Bolton John-
ston was subscribed to an affidavit made in the stamp-office' but as
iamortant link was yet wanting—that is to say, the idcntitm of
Johnston, which was cot m all established by any evidence given
during the trial. The Crown not only neglected to exantilie the
officer before whom the affidavit was sworn, but also neglected to
read the affidavit itself, and Johnston was not therefore proved to
be the statutable proprietor. The case, therefore, stood as against
him, upon the old provisions of the old law of the land, and he
(Mr. North) thanked God they did again breathe under its consti-
tutional and protecting influence.
The SOLICITOR-GENERAL here rose, and requested permis-
sion to read the document, which form had been accidentally
omitted ; but, as it was already in proof, it could not be con-
sidered in the nature of new evidence, and therefore not to be
objected to.
Mr. North and Mr. O'Connell both strenuously objected to the
reading of the affidavit, after the case had dosed on the part of the
'Crown.
The COURT were of opinion, that as it was a document which
had been already in proof, the Crown was privileged to read it.
Theeffidavit was then about being read, when
Noura, in a very energetic and animated tone, said he
would concede to the Solicitor-Generel that the Crown had--had
what ?—a scintilla of evidence, that there was an affidavitjsworn,but
there was one position which no Solicitor-General would dispute;
namely, that if the Jury were out satisfied, that the Johneton who
swore that affidayit, was the same Johnston against whum the in-
formation was filed, he did not come within the meaning of the
statute. There was a rule of evidence which he would denominate
the Magna Charta of legal rights. It was an impenetrable armour,
shielding their property and lives, and through which, neither the
authority of power, nor the finesse of legal ingenuity, could pene-
trate. it was that rule of reason and law, that a party is bound to
produce the best evidence the nature of the case would admit of.
Scintilla was a Latin word, the English of which was, a spark--
just something that could be discerned—come feeble glimmering, or
" Will-o'-the-Wisp"—not that steady, clear, refulgent light,
which, in the way of evidence. giesy should have thrown on any
fact they required to prove. TI. ractice of relying on a aim/ilia
of evidence, and requiring Juries to find their verdicts on such
proofs, was of the most dangerous tendency ; it was calculated to
bring the law of evidence into a state of frihtful laxity, in which
oo man's life or property would be safe. Itut he would tell them
what would have been superior evidence—the production of a wit-
ness acquainted with the hand-writing of Johnston—or a witness
who knew his person, and saw him make and sign the affidavit,
would have been superior. But there was no evidence given to any
such effect. Ile would now proceed to wrestle wish the phantom
of evidence that had been exhibited, until he suceerded in chasing
it to its grave. In CASS& of murder, circumstantial evidence was
received, because, Ginn the very nature of the crime, and the cha
cutustances of secrecy and privacy which usually accompany its
commission, repulsed the possibility of giving better evidence ; but
whet was the nature of the circumstantial evidence required in
such MKS ? Why, a uniting of facts that could leave no doubt of
the guilt of the party. The Learned Gentleman then proceeded
to comment on the evidence given to prove Johnson's having signed
the affidavit. lie then drew the distinction between his being the
registered proprietor, or merely a proprietor under the control of
the ordinary law of the land. In the latter character, which he
contended properly belonged to Johnston, it would be for them to
say, whether the evidence given was sufficient to affiard a satis-
factory conviction to any reasonable mind, that Johnston knew,
or was cognizant of, the publication of the alleged libel, and he had
the authority of the Attorney-General in that splendid statement of
his, the recollection of which must be fresh in their memories, that
Johnston was not the object of the prosecution---that he was con.
sidered as the mere nominal proprietor. And what, be would
ask, was understood by a nominal proprietor? A fictitious cha.
meter, a person giving himself out for what he really is not,
and assuming privileges he does not possess. If the Crown
had not admitted that fact, he could not use the argument with the
same effect; but how did it stand, upon the admission of the At.
Lung-lacuna ? Why, that Johnston'a was not that guilty mind
which lent its powers to the composition of that which the Crown
considered necessary to prosecute as a libel, but that his name was
merely made use of by another. Couple that admission with the
evidence of Ream, who stated that when he met Haydn, that gen.
'lemma became agitated on being informed of the ex-olicio, sad.
that he introduced to the witness (Rearm Mr. Johneton as pro-
prietor. That was evidence they were not permitted to object le,
but It was not conchrrive evidence, and was calculated to have the
effect of misleading. And if Johnston was put forward as the
proprietor, though the nominal one, and that Ilayda stated in his'
presence that he was proprietor, surely if Johnston consented to
play the proprietor, it was not to be expected that he would deny
his being such, but rather that he would give an appearance of
acquirer-env: to the character in which be hail consented to be re.
presented ; but the matter went farther, for Haydn, Johnston, and
limn, having gone into a tavern, what does it appear was the eon.
duct of Johnston ? Why, he was careless and indifferent, and
did not shire the anxiety of Haydn. who, however, afterwards
became somewhat pot-valiant, end said, " No matter, here's the
health of the Attorney-General, who Is about to crown the Star."
Johnston's conduct was just what would have been expected from
one not having any inserest in the crowning of the Star. But sup.
pose he should go a little further, and having satisfied the Jury
that Johnston was not the registered proprietor, hut was something
more ; that he was, in fact, the real ar.d bons ifdl proprietor, yet
he submitted that, allowing Jclmston to stand in the latter elm-
tarter, there was not t vidtmee to convict him of' being guilty
of publishing the article for which ho is prosecuted.—For
lit him not be told that his being the proprietor of any paper,
is which a lit,ellous paraluaph shall be published, will convict bin
e
terholaitosartney4cethembelaynlaierouincirimpu.garuilgalifltbkihaniiocciedhpFheuuraripchn.nl ipcensartth,etheancitel,erdialrhticalcirrnorn:uuoicbstsuheru,.eapplirupoltin:unad:erDiadituhetb,hbruilcioag.sriecnitil iiTnboearlripilleytu:toedl.o;t:iwecapa,rtiloyiniopobitilileraja:mtoobinursuceset:
be
eestatetzutatstbelrude responsibility with ityhelyiasblitiouldth willth
uttobtchegurwiiseity,
lie would be only subject to that responsibility thrown upon him
by the law which existed antecedent to the statute. A man may
be answerable for debts contracted by his partner, Itut he is not
morally or legally liable for his crimes. As well might it be said,
that the partners of the unhappy Mr. F.auntleroy should have suf.
feud the penalty of death for his causes. Alen may be partners lea

THE BRITISH PRESS.

.
trarloarete,eynet
in
rhwatidnomg
thea go the length
eofiamwsakfiontg
Offences of each other. Though one man rosy be made civilly re-
wponeible for the acts of another, ety it is not because he is his
coadjutor, but because he arts under his directions ; as in the case
ththeemcrimi°ininalt
of a bookseller, who is answarable for a libellous work sold in his
shop by his shop-keeper, beanie the servant acted for the master.
But, under the ordinary:law; it never was said that persons
baying a co-ordinate authority in the management of a newspaper,
were each equally liable for the offence of the other. if such
were the case, it would not have been necessary to enact the
statute under which the present prosecution was sought to be
supported. Having, he hoped., established a conviction in their;
minds, that there was no evidence of Johnston being either a
registered proprietor, or the publisher of the article, he would
prcceed to ano:h .• lc ; but before
,he did so he would ob.
serve., with refire fro. what fell from the Attorney-General,'
as to the rumou g gone abroad, that he had been guilty
fia
of merciless prrsee don towards the defendant. Persecution is
a harsh and offens ye term, and be had ever thought that ex-
aggerated terms produce no advantage, and manifest bad taste.
He wits not instructed to charge the Attorney-General with per-
secution, and his own feeling and opinion would prompt him not to
do W. He was sorry the Attorney-General had taken the trouble to
contradict what was not imputed to him. But, however, the facts
of this case were, that three informations had been tiled against
the defendant—perhaps, during intervening periods discoveries had
been made that ennvinced the Crown that Johnston was but the
nominal proprietor, and that they would be enabled to bring home
the publication to the real publisher. He was very far, indeed,
front insinuating any charge of harshness against the prosecutors ;
but as the matter stood, there was certainly a great hardship en
the defendant being several times duped by the prospect of this
prosecution being abandoned, and alternately relieved and reloaded
with the miser, of mind consequent upon an es-officio intorma-
tion. He could not well understand why it was necessary to alter
the coons in each information, and from a multitude of counts
reduce them to two, and then increase them, and again reduce
them. He nnderstood it was by repeated touches that sculptors
produced perfection, and perhaps Mr. Townsend, with his legal
chisel, at length revived the beauty of the Irillill de Medici: or the
Apollo Belvidere. He solemnly declared that he never looked in
his Learned Friend's face, that he was not impressed with a con.
sciousness of beholding all that is venerable in the law, and sound
in opinion t and when he had learned that the last information was
i complete, he was reminded of Lord Coke's celebrated aphorism,
"literate(' be the mending hand." Certainly the artist who model-
led the present information, had the merit of producing what
might be termed an unique in the law—a libel put upon the re.
sold without a single inuendo; for he did not mean to consider
as inuendnes,thst Wellesley meant Wellesley, Wharton, Wharton,
and Woodstock, Woodstock. His Learned Friend's practice in
this instance reminded him of that of some of the commentators,
who threw a blaze of light upon subjects that were evident to the
plainest understandings • but when a difficult solution came in
their way, they preserved a judicious silence. Now he would tell
them the use-and purpose of an inuendo—articles and paragraphs
might be en written, that at the first blush they, would strike
the reader as libels, and required not the explanation of a lawyer
to convince a man they were such ; but there were other cases
where what was said with apparently one view, really had an
opposite meaning ; and in proving that such a paragraph was
libellous, it would be necessary to explain what was the meaning
intended to be conveyed ; because, although the Jury might very
well understand its application, yet without an inuendo stated,
there could be no permanent record upon which a defendant's
innocence or guilt could appear. There would be no distinct issue
upon which the Jury were to decide, whether the person named in
the informations was the person alluded coin the paragraph, and as
no description was so capable of conveying one's meaning, lie
would illustrate his position by an example. The Learned Gen-
tleman then cited the case of the ex-if/hip against Paine, for the
nicht* of Man, in which many protege; were complainedofi one of
which was, " That the time was not far distant when England
would regret having sent to Hanover, at the expense of seam
thousand of pounds, for men who neither understood her laws, lan-
guage, nor customs, and were not fit to fill the office of parish con. ,
stables." In the informations it was inuendoed, that %Villiarn the
Third was meant by the words mew, and that consequently the glo-
rious Revolution of 1688 was libelled, andlthe illustrious House et(
Hanover brought into contempt. There it was necessary to insert.
upon the-record and to state the inuendo. The moment the limerick
was tested, an issue was raised, and upon that issue the Jury dim
tided, and by it the defendant was to abide. If they took upon
them to consider of an ambiguous phrase set before them, applied
without an inuendo, what authority or ground would they have
for deciding upon the innocence or guilt of the accused, or what
permanent record would the Court have, to which to affix his guilt,
or, as he trusted would be in the present case, what permanent rah{
cord would they have to which to refer for his Innocence, or what 1
punishment could be awarded to the convicted in the absence of any
recorded offence ? If the Attorney-General is not content to take •
paragraph in its obvious sense, but must put his own construction
upon it, he is to do so upon the record, and not tor the first time
acquaint a defendant with it at the bar of justice. He did not knew
a more happy illustration of what he meant to convey, than by sup-
posing a splendid house, most perfect in the architectural arrange-
ments of its interior, but wanting so indispensable a portion as the
stairs, how they were to climb up to the rooms, or view its beau-
ties ? If they said Lord Wharton, thereby meaning Lord Wel.
lesley, there would have been a fair question to try. It wasever an
opinion of his, that lawyers were not the best judges of political li.
hell. Their habits were peculiar, entertaining a very high respect
for authority,—(theirs is an ambitious profession)--generally look.',
ing forward to preferment, and if any lawyer wan peculiarly di-.1
,qualified for being a judge of a political libel, it was an Attorney.
General. Along with his natural bias, there are still stronger ones
necessarily arising from his official situation • ' he is identified with
the Government in feeling and interest, and he views all disappro. '
bation of his coadjutors through an exaggerated and perverted me-
dium. Let it not be supposed, that in those observations, he, for
a moment, meant any thing personal, for he did believe, that no
man ever filled the office with a more ardent zeal for the liberties of
his fellow-citizens, or warmer attachment to the true principles of
the Constitution, than the present Attorney-General. But as an
illustration of the inability of lawyers to judge of political libels, he
should remind them of a well-known circumstance. Sir V. Gibbs
might be surpassed br others in the powers of eloquence, but no man i
exceeded him in legal discrimination. He had been concerned teatime
of life, when feelings and opinions take a firm impression, in securing
from the perils of constructive treason Home Tooke, when he and
his friends were called upon to answer that charge at the hazard of
their lives, and it has been a subject of gratulating recollection with
Sir V. Gibbs in his latter years, that he was concerned with the
Atlas of British Liberty, Lord Erskine, on that memorable occa.
sion. Yet, Sir V. Gibbs, when in the office of Attorney-General,
so far forgot his veneration of the press, that he instituted a prose-
cution against the Marnine Chronicle. for observing in an article
What a crowd of blessings rush upon one's mind, that would
tall to the lot of the country if an entire change of Ministers took
place; and if ever Monarch had an opportunity of becoming nobly
popular, it was the successor of George the Third." Lord Ellen-
borough, who was not a whit more disposed to surrender preroga-
tive, left it to the Jury in that case to say whether such an observa-
tion exceeded the fair limits of discussion, and, of course, they had
no hesitation in deciding that it did not. He made use of that
example, in order to impress upon them the necessity of not yield-
ing their nndrrstanding to the dictum of great talents, ingenuity,
and prejudice ; for there was not one of them but was more capable
of giving a fair interpretation of a political article than, he would
say, with great respect, all the LAW Officers of the Crown. It
would be tor them to decide, whether the liberties of their fellow.
citizens were to abide the hypercritical acumen of an Attorney.
Generals lie would not ask this issue to be tried by shy other law
or test than the profession of the Attorney-General, and would
never interfere with a political discussion of men or measures. Is
that principle were acceded to him on the present occasion, lie
should consider himself as arrived in the haven of safety, and be
would now show that there was nothing in this paragraph but what
strictly applied to a fair political disquisition. They were aware
of the political principles upon which the Star was conducted. It
might be that those principles were carried to an imprudent length.
There might be some of the Jury who dissented from the polities
of the Star, but there were none, he was sure, who dissented from
this position—that the subject of the Protestant Ascendancy was a
legitimate topic for newspaper discussion ; nor would it be said
that impeaching others with entertaining au opposite opinion to
that supported by the Star was a libel, for some of the greatest
characters in dm empire have registered their diseent to those doe.
trines. He would not suppose it could he considered tut abuse of
the liberty of the Press, to state the opirions of some of those pest
and splendid characters, such as bards Farnham and Enniskillen,
whose zeal on the other side was notorious, and who might aril them-
selves of their privilege of hereditary Counsellors of the Crown, and
waiting upon Lord Wellesley, say to him, that, as experienced sub.
iects, they would strenuously counsel him that he had lost his popu.
larity with that portion of the public which was valuable, and refer
him to the page of history, where he would find, that, notwithstandi.
ing the profligate character of Lord Wharton, he enjoyed a greaser
share of public favour, because he supported thuee principles which
were in opposition to the policy professed- by his Excellency ; and
in order tie more effectually to enforce their opinions, they might
draw an historical portrait of Lord Wharton, to make tho
contrast more complete, by enumerating those virtues whit►
he wanted, and which Lord Wellesley possessed. If they
assured hint that the Rote source of popularity was to be found
in possessing the principles of the glorious Revolution, instead of
courting the favour of the Catholic Association, who treat all his
zeal in their cause with sneers and scoffs ; whilst one of their
orators compare his despatches to those of the great Roman tyrant,
notwithstanding his anxiety to conciliate—if Lord Wharton en-
joyed populority, though notoriously profligate, merely because he
professed those principles—this would not be considered invidious
or effensive. The Learned Gentleman then proceeded to Impress
upon the minds of the Court and Jury, that such was the true in.
ter pretation of the alleged libel, and concludsd a splendid piece of
eloquence, by referring to the pan lode exertions of Swift, whose.
powerfidly and ably drew the character of' Lord Wharton, and.
who, if assailed by rx-officios for the " Draper's Letters,^ would
never have effected the services he had rendered to his country,
through the nu ditto) of the l'ress.
Alr. North, in the course of his speech, read the following beau-
tiful character of Swift, from the celebrated State if Ireland, Pad
and Prernt :
" On this
_gloom one luminary rose, and Ireland worshipped it
with almost Persian ittoliatry : personal resentment was, perhaps,
the first motive of the patriotism of Swift, but it assumed in its
progress& higher port, and directed itself by nobler considerations.
The jealousy of the partisan soon expanded into the genmous de.
-ration of a patriot, and the power of his mind, and the firmness
his character, raised him to an ascendancy which no other ino: "
I tYU attained or dezved above suspicion, be was tr,v-'

. _ .
envy, he was beloved ; above rivalry, he was obeyed. Hia
dein was at once practical and prophetic; remedial for the pre-
sent, warning for the future ; he first taught Ireland that she
might become a elation, and England that she might cease to be a
despot. But he was a Churchman. His gown impeded his course,
and entangled his efforts. Guiding a senate, or heading an army,
he had perhaps been equal to Cromwell, and Ireland not less than
England ; u it was, he saved her by his courage, Improved her by
his authority, adorned her by his talents, and exalted her by his
fame. His mission was b4it of ten years, and for ten years only
'did his personal power mitigate the Government: but when no
longer feared by the great, he was yet not forgotten by the wise—
his influence, like his writings, has survived a centurr—and the
foundations of whatever prosperity we have since erected, are laid
in the disinterested anirmaguanimous patriotism of Swift."
The most rapturous applause followed the conclusion of this
eloquent and Learned Gentleman's address, which occupied the
Court upwards of three hours, and of which the above is but an
abstract of the topics adverted to by him.
The Attorney-General and Mr. O'Connell shook Mr. North
most heartily by the hand, upon his sitting down.
Mr. O'COWNELL followed for Mr. Haydn, and applied himself
particularly to the law of the case, which he argued and dilated
upon with peculiar ingenuity and ability. He concluded by ob-
serving, that Mr. Haydn and he differed upon political subjects,
but they were both agreed upon one principle—the value and ines-
timable privilege of trial by jury. If they found the defendant
guilty, they would send him to his cheerless house, with the cer-
tainty of being scon torn from his twelve children. If they ac-
quitted him, they would send hint (Mr. ('Connell) to his ten
children and happy home with the most gratifying sensations.
The Court then adjourned to this day, when the SolicitorXe-
nets! is to reply.

A transaction of a nature peculiarly unfortunate occurred, we are
informed, on NVednesday evening last, in the vicinity of Itattifry-
Land. The parties concerned are, a man of the name of 'Wright,
and another, whose name we understand is APllurney. The for-
mer, it is mid, had injured, very sensibly injured, the character of
the latter's mother, by fabricating and widely circulating a mali-
cious, unfounded report, which he continned to repeat, though
publicly known to be false. ill'Burney felt himself hurt, his in-
dignation was aroused,--in a moment of unguarded passion he
vowed revenge, which, alas ! he too amply accomplished. Rs-
turning from Rathfryland, on the above evening, he overtook
the object of his resentment—an altercation ensued, and he unfor-
tunately struck him on the head with a stone hammer, with such
violence, that part of the brain was protruded through a fracture in
his skull. Medical assistance was promptly afforded, but the un-
fortunate man, though still alive, cannot be expected to survive
long. The offender was instantly apprehended and put into con-
finement, but has subsequently made his escape.
At the Balling, Theatre, on Friday night last, a row occurred
which had threatened to be very serious in its consequences. Three
cheers were proposed from the gallery for the " Brave O'Connell."
This proposal not bcing received with all the unanimity that
was expected, gave rise to some angry feelings that ended in a vio-
lent uproar, during which time the passing and repassing of the
contending parties caused the gallery to come down, with a terrific
crash ; the effect of this catastrophe on the female part of the audi-
ence may be well imagined ; the ladies flew from the boxes to the
stage, for refuge, and it was long ere order could be restored.
(From the Limerick Chronicle, Jan. 211.1
111 ult DEIS D OUTRAGIII.—By the exertion of W.H.Pearse,
Est C. C. Patrick Molony, charged with being a leader of the
gang who murdered Connell. at Bilbao, was apprehended on Sa-
turday last in a glen near Keeper Mountain, whither he had fled
for safety. Ile was lodged in our county gaol on Sunder.
On the evening of Wednesday last, the police at Ilallingarry
found a man, named Morrison, lying in a dyke, near Ballinleena,
in a wounded state and speechless. It appeared that the side of his
head had been beaten in by a stone or some fiat substance. A per.
son named Thomas Roche, who has absconded, is charged with
the murder.
On the night of the llth inst. a person named Ryan was found
dead in the street of lsalbally, in this county. It is ascertained
that he was murdered; two persons have absconded, and a third
is in custody.
A clue has recently been discovered, leading to all the circum-
stances of the atrocious and unnatural murder of John Ryan, at
Ballyvorneen, near Cahirconlish, in October last. This clue has,
within those few days, been rendered more clear and satisfactory,
attaching the strongest guilt to four persons now in prison for the
crime, and for whose conviction the tallest proof is in preparation.
The details of this horrid murder, when given in evidence, will
affect the most callous feeling, more especially when the near re-
lation
of one of the parties is considered.
On Saturday night the house of Patrick Leary, a farmer, on
the lands of Loughmore, south liberties of this city, was bur-
wlariously entered and robbed of 41. in notes, and 12s. fed. in silver,
by two fellows, the amount of a load of wheat he sold that day ; the
poor man denied the money to the last, until he was struck on the
head and cut, when his wife, to save his life, told where it was.
On Monday evening last, Thomas Reardon, of Castletown
Conyers, was met near that place by three men, who knocked him
off his horse and attempted torch him.
On Friday evening a man, named Macknett, was way-laid on
the road near Ballysieen by a number of men, who beat him in a
cruel manner, broke his skull with the coulter of a plough, and left
him nearly dead ; there are no hopes of his recovery.
Since last assizes nine murders has* been committed in this
county.

POLICE.
MOW-STREET.
Saturday C. Lockay and J. Wood were brought up on suspicion
of burglary. Early on Friday morning the parlour -shutters at
Mr. Pluckett's, 311, Cummins-place, Pentonville, were forced, and a
mahogany tea-caddy, a great coat, and other articles, were stolen.
Donaldson, the officer, being informed of the robbery, discovered
that the prisoners had left the identical caddy in ,charge at the
Crown and Thistle, in St. Martin's-lane, and on their calling for it
on Friday night were secured. They were also seen to have a great
coat, similar to the one stolen, in their possession. When brought
before the Magistrate, they declined saying any thing, and were
remanded.
J. S. Emmerzon, collecting clerk to Mr. Thompscn, linen-Oraper,
in the Strand, wss charged with embezzling various sums of mo.
ney ; but only one case was gone into, and he was remanded.


WORSHIP-STREET.
Saturday Harry Gof, a boy about sixteen years of age, was
brought before Mr. Benett, on the following charge:—
Mr. Jelliman, • respectable tradesman of the Hackney-road,
stated, that on aturday evening he saw the prisoner and two other
persons in Pitfield-street, going from shop to shop, trying the doors
of some, and at others where they observed the people inside, pass-
ing on. At length they came to the shop of Mr. Wakefield, a
linendraper, where, after reconnoitering to see if any one was in
the shop, the prisoner opened the door and went in, the other two
remaining outside on the look-out. Witness then crossed over to
the shop, and gave the alarm, and on the shopman making his
appearance, they questioned the prisoner, who, giving a variety
of contradictory statements, they gave him in charge to a con-
stable.
The MRGIST•ATE desired sonic of the officers to accompany
the complainants with the prisoner back to the neighbourhood,
and ascertain if any other of the shopkeepers had any charge against
hits.
As they were leaving the office for that purpose, the prisoner was
saluted by several of his companions, amongst whom Mr. Jelli-
man identified a young man, named Arnold, as having been of
the party of which he complained ; when Gotland Arnold were in-
stantly brought before the Magistrate for examination.
Goff declared he had been at work till six o'clock in the evening,
and then, wishing to purchase a pair of worsted cuffs, he went to
the shop of 31r. AVeketield for that purpose.
Inquiries were then made as to the characters of the two pri-
soners, which proved to be of a very unfavourable nature, Goft's
friends saying that he had fallen into a very bad connexion, and
for the last three weeks they did not know what had become
of him.
The MAGISTR•TZ said, that as there was no direct proof that
the intention of the prisoners was to rob, they must be discharged.
He at the same time commended the conduct of Mr. Jelliman ;
remarking that, if shopkeepers were more vigilant In attending to
their shops, it would in a great measure do away with those petty
robberies, complaints of which were daily made at this office.
a

CORONER'S INQUEST.
—.nor—

In the beginning of last week considerable sensation was excited
in Kennington, in consequence of a rumour which was circulated
throughout the whole neighbourhood, that a lad, the step-son of a
Mr. l'uddeford, had been beaten in such a cruel manner by his
hither-in-law, as to cause his death. The lad, it appeared, died
'suddenly, and some of the people resident near Mr. Puddeford's
house, upon hearing of the event, industriously propagated a report
all over Kennington, that they had seen the father-in-law beat the
deceased in a shameful manner, a few days preceding his death.
'The parish officers hearing of the circumstances, comddercd it their
duty to make them known to Mr. Jemmett, the Coroner for the
county, before whom an inquest was heM on the body of the de.
ceased, last Friday, at the sign of the Wind-mill, public-house,
at Ksnningwn, the result of which was, that after several witnesses
were examined, who gave extremely conflicting evidence on the
subject, Mr. Young, a surgeon, was called, who deposed, that he
examined the body of the deceased, and perceived no marks of ex-
ternal violence. lie then proceeded to open the body, and dis-
covered that the Fiver and other internal parts were considerably
diseased, which be had no doubt produced death.
The Jury returned a verdict of " Death by the visitation of
sod."
of

Heenan nx Wt'n•nnox-Cu*ss.—Nothing has yet
transpired to elucidate this mysterious transaction. Lynn,
!lye understand, appears averse to refer to it. In other re-
Ispects his conduct is stated to be beconiing his condition.—
ecks Chronicle.
lludtlehl, the notorious receiver of stolen property, has
been removed from Horsemonger-lane gaol, to the Retri-
bution Hulk, at Sheerness, preparatory to his transporta-
tion to New South Wales.
Hr. J. Parkhouse, of Taunton, has a spaniel dog, which
in the fielel is ferocious after rabbits ; but it is remarkable
that this dog and a rabbit sleep togethee, and evince great
„Semitic': for cad other,

UNIVERSI2I"
CA MBR I DGE, J sat. N.
Ilia Grate the Duke of Buccleuch is admitted of St. John's
College.
At a Congregation on Wednesday last the following Degrees
were conferred :
Masters of Arts.--James R. Hartley, Queen's College; Joseph
Smyth Eggington, Trinity ; Richard Edwin Daniel, St. John's;
W'm. M. Clarering. ditto.
Bachelor in Phyric.—James Townsend Moore, Caius
Bachelor of Arts.—Joseph Jackson, St. John's College.
Samuel Stone Rushy, Esq. B.A. of Catharine Hall, is elected a
Foundation fellow of that Society.
OXFORD, Jag. 29.
On Thursday last the following degrees were conferred
Master afAits—Rev. James Drummond, Christ Church, Grand
Compounder; Rev. Robert Wrotesley, Christ Church; Rev.
Charles Alleyne Anesty, Trinity College; Edward Pavis Nutt,
Fellow of St. John's; Rev. Frederick Pegua, St. John's; key.
Oeo. Norwood, Oriel College ; Rev. Thomas Hetling, Wa&sun
College.
Bachelor of Arts—William Bleech, Magdalen Hall; Richard
Antram, Queen's College; illiam Legge, Student of Christ
Church; James Temple Manoel, ditto; Frederick Surkey, ditto;
Edward Higgins. Brazenose College ; Thomas Leigh, ditto; Jan
Jackson, ditto; George Jenne, Pembroke College; Thomas Hope,
University College.
The Rev. David Williams, S. C. L. and Fellow of New Col-
lege, has been appointed to the Curacy of St. Mary's Chtadi,
Brectnock.

E.

On Thursday last, Mr. Thomas Clotton was admitted Founder's
Kin of New College.

SPORTING INTELLIGENCE.

HUNTING APPOINTMENTS.
Ills Majesty's Stag Hounds will meet at the Crooked Dille,
lyre Heath, this day ; and at Thorpe, Egbam, on Friday--each
day at half-past ten o'clock.
The Earlof Derby's atag-hou nds will meet to-morrow at Wickham
Court, and Friday at Warren Farm--at ten.
11. Jolliffe's, Lan. fox-hounds this day at Handcraft, Wedree.
day at Charlewood Park, and haturday at Chipatead Churc4—st
tine. _

The Surrey foz.hounds this day at Hamsey Green, Thursday
at Crown Ash Hill, and Saturday at Westerharn—at half.past tcr,
The harriers this day at Sanderstead, Wednesday at ditto, and
Saturday at ditto—at tea.
Sir John Cope's Hounds will meet to-morrow at Easthatrp.
stead Park; on Friday, at MAUI; on Saturday. at West Greta;
and on 'Tuesday, February Bth, at Dogmerstield—each day at
ball-past ten o'clock.
Mr. Warde's hounds will meet on Wednesday, Feb. 2d, at Tot.
tenham Park ; on Friday the 4th, at Stype ; and on Saturday the
sth, at White Hill.

The East Essex fox-hounds Wednesday at Clare Town.
Mr. Herding's hounds Wednesday at Beetly, and Friday at
Blakeney Field.
The %Vesture stag-hounds Friday at Swaffham Race-course.
The Conock harriers Friday at Bustard.
The %V erwiekshire fox-hounds to-morrow at York's Wad,
Thursday at Tile Hill, and Saturday at Hay Wood.
SH 110 PSUI RE /10UxDs.--Sir B. Graham's fox-hounds to-ma.
row at High Onn, Wednesday at Euville, Friday at Pattingbant,
and Saturday at Old Lodge Gate.
Lord Yarborough's hounds Wednesday at Croxton Long Clow,
Friday at Kingerby, and Saturday at Roston Wood.
Earl Fitzwiliiam's hounds to-morrow at Castor Hanglands, and
B
Thursday at Waybridge Wood.
Tux uivrox HUJIT.—Sir R. Sutton's hounds Wednesday at
Sisailby, and Thursday at Fiskertoo Long Wood.
Lord Anson's hounds to-morrow at Rathby Burrows, Wednet.
day at Black Swan, Friday at Kirkby, and saturday at Croft /ill
Mr. Meynell's bounds Thursday at Allestry, and Saturday at
Heddleston.
The Earl of Scarborough's fox-hounds Wednesday at Bossing.
ton Bridge, and Friday at Grove.
The Badsworth fox-hounds to-morrow at Freston Hall, Thun.
day at %Vooley Edge, and Saturday at New Millar Dam.
Sir George Sitwell's fox-hounds to-morrow at Sutton Hall, and
Friday at Norton.
Sir Richard Pulestoo's hounds Wednesday at Emral, and Fe..
day at locoed Park.
The Chester harriers to-morrow at Caughall Bridge, and Than.
day at Trafford Bridge.
Sir Thomas Stanley's hounds to-morrow at Moston.
The Cheshire hounds IVedneaday at Bartington Heath, Than.
day at Miceledale, and Saturday at Oulton Lodge.

An extraordinary instance of thorough blood and spirit 111 hounds
was lately exhibited by the Anglesey pack. While preasieg a hare
very hard near Glan-y-Don, on the north side of the Island, poor
puss, in a fit of blindness or madness, threw herself headlong over
a high precipice, and was instantly followed by fifteen couple of
the hounds, who fell headlong from a great height into the sea, and
several mutt have been drowned, had they not been fortunately
picked up by a boat belonging to a pilot at anchor in the Bay.
Those that had strength enough to land on a shelf of the precipice,
were in still greater danger, and were only saved by the resolute
courage of some of the sportsmen, who, at the risk of their lives,
crawled down and brought them up one by one on their shoulders.
The hare was found smashed to pieces between the cleft of a rock.
—North Wake Gazette.
THE GREAT TROTTING MATCH.—This match with Tm.
yeller, decidedly the fastest trotter of the day, in and out of
harness, took place in Ashley Park, near Bugden, the seat of Col.
Staples, on Saturday, for 1,000 sovereigns. It was to perform
thirty-six miles in three hours; and a carriage of the lightest
description was made for this match. The driver was George
Skeen, a jockey of eight stone, and betting was 5 to 4 on the
horse, which had before done 28 miles in two hours, on the
Saturday after the late Chelmsford races. The ground over
which the horse trotted this time was a prepared circle of four
miles. and we subjoin the time each four miles. were performed
in, to show the steady pacing of this horse.
_

111- S.

First four miles . . 19 40 Sixth . . . 19 50
Second . - - 19 41 Seventh . . . 22 10
Third . - 19 39 Eighth . . 19 40
Fourth - 19 42 Ninth . . 19 41
Fifth . • 19 40
Total hours 59 minutes 43 seconds.

The bit was drawn once only in the 25th mile, and it will be
seen that there was not more than three seconds difference in any
of the four miles except in two instances. in one of which the bit
was drawn, and in the other there was a break.