The British Press; or, Morning Literary Advertiser.
London, England, 1826-07-08 00:00:00

MIDLAND CIRCUIT.

NORTHAMPTON, JULY 6.
The Loan CIIIEF BARON, on entering the Court this morning,
ordered Catherall, alias Captain Mash, to be placed at the bar, and
pronounced upon him the awful sentence of the law, without how-
ever naming the day on which it was to take place. His Lordship
conjured the prisoner to makewthe most of his time in this world, in
order to prepare himself to meet his Creator. The crime of the
prisoner was marked with such atrocity, that all hopes of mercy in
this world must be denied him, and he, therefore, earnestly ex-
horted him to prepare for the world to come.
The unhappy man seemed to hear his sentence with something
worse than indtfference; and it was not a little curious to hear by-
standers offer wagers that the Captain, notwithstanding all his
exploits, would not die " game." I thought the matter revolting
to humanity, and almost forgot the outrage of the prisoner, while I
could not but silently disapprove the greater outrage upon humanity
exhibited in such heartless betting.
LIBEL.

SHERARD r. WARD AND JAMES.
This wiz,' on ac. ion to recover compensation in damages for a
libel. published by the deli:n(lBnm, in a newspaper called the
etimrdon, Northampton, Raiford, and Cambridge Weekly
Jel4, nal.

The plaintiff is an attorney of considerable practice in this
county, and is also clerk to certain Justices of the Peace. The
libel imputed various malpractices to 31r. Sherartl, and particularly
stated that he appropriated certain penalti.si to his own use and
profit which should have gone to the poor of the parish.
The defendants pleaded a justification, but called no witnesses to
support their plea.
MIL RKADER, for the defentlupla, admitted that no ground ex-
isted for the imputation east updtst the plaintiff; and
Mr. CLARKE, for the plaintiff, said he was satisfied to take a
nominal verdict, accompanied with the apology of his Learned
Friend.

Verdict for the plaintiff—damages. Is. ; coots, 40s.
I would have been much more minute with this account, if i
were not'that the plaintiff is one of those gentlemen who, being
skilled in the law, never fail to use it to their own purposes ; and
I had rather say too little titan state the whole truth on such an
occasion. I hope this caution may be excused.

OXFORD CIRCUIT.

OXFORD, Fll7OAlr, JULY 7.
CROWN SIDE.

CHARGE OF MURDER.

Jaws Arnett was indicted for wilfully and maliciously murder.
ing Thomas Maley, by tiring at and against him a certain gun
loaded with gunpowder and leaden shot, at Enaham, in this
county, on the lith of April last.
Mr. CARRINGTON opened the pleadings.
Mr. CURWOOD stated the case to the Jury. The Learned
Counsel said it was his melancholy task to detail to the Jury the
circumstances of this case, in which the prisoner was charged whit
an offence, not only by the law of England, but by the law of all
other nations, and by the law of God, pronounced in thunder from
Mount Sinai, ranked as the deepest and the blackest in the cata-
logue of human off:nee.. It therefore became an imperious duty
on the Jury to weigh well the circumstances of a case, in which a
fellow-creature was charged with a crime, his conviction of which
might subject him to almost instaataneous death. The Learned
Counsel then went on with much candour to preface a statement of
the facts, with a remark that in his judgment the present was but
a case of manslaughter.

Charlotte Smith was then called, and stated that she lived at
Ensham in this county. She remembered the 17th of April last,
and on the evening of that day, at a little after eight o'clock, she
was opposite the prisoner's house, who was a respectable farmer at
Ensham. There were a great many persons near the house at the
time, and among them the deceased. She heard " Murder" crie d
in the house. Mrs. Arnett, the prisoner's wife, presented !terse' f
at the down-stairs room window, and cried out, Do pray come
in, or I shall be murdered to.night." She requested the deceased
Thomas Maley, particularly to go tn. The deceased 31aley then
got over the pales, and took the key of the little gates from Mrs.
Arnett. Ile came bark, and unlocked the gates, and others went
in also. The deceased entered at a window, which Mrs. Arnett
pushed up, while she had a candle in her hand.
Cross.examined by Mr. Sergeant YEagg—lt was dark at this
time, and there were a good many people in the street ; but I did
not hear any of them use any galling Jeering expressions to the de-
ceased. Ileis at timer; an irritable neon, but at others a very kind
and good-natured man.
Mary Ann Smith, the sister of the last witness, corroborated her
evidence. . _ .

Several other witnesses were then called, whn proved that the pri-
soner fired through the kitchen door after the deceased had entered,
and shot him deed. At the time the prisoner fired, a woman 1.13
burg pulling hint back by the collar, and he prisoner's face was not to-
wards the door through which he fir.
Mr. Justice Boanotron c the Jury, and they found a
verdict—Guilty of Manslaughter,
The COURT sentenced hill to one year's imprisonment in the
gaol of this county. _ ,

•- -----
WE SPERIV CIRCUIT.
WINCHESTER, TErvasnAy, Jul.: 6.
CROWN SIDE.

Thomas Derby, an ironmonger atiiii;Port, was charged with
having in his possession a number of copper bolts and bars, marked
with the King's broad arrow.
It appeared that in consequence of private information which
they had received, the Custom-house '4:Boers visited the prisoner's
premises, where he carries on a very extensive business, and dis-
covered several small bars and bolts of copper, on which the King's
mark was plainly discernible. The articles were foundconcealed in
different parts of the premises.
In the prisoner's defence, John Warren, his shopman, was
called, and stated that the articles were brought to Derby's premi-
ses during his absence, and were offered for sale to witness, who
told the person that offered them that he did not think his master
would purchase them, as they were marked. NVitneas swore that
this transaction occurred only half an hour before the Custom-house
officers visited Derby's, and that the prisoner had never seen the
articles until they were in the hands of the officers.
James Woodman, the prisoner's porter,, sorrnborated the other
witness's evidence, and stated that the geneal directions given by
Derby to his people were, not to purchase any articles which had
been marked. _ _

Several respectable inhabitants of Gosport appeared to testify to
the prisoner's good character and general respectability.
Mr. Lawns addressed the Jury for the Crown, Insisting upon
the circumstance that the articles produced were discovered in se-
parate places, and apparently with an intention of concealment.
After a short consultation, the Jury acquitted the prisoner.
Aaron Rungay was charged with having. in his possession a
quantity of cordage and a deal plank, contait:ing the King's mark.
The prisoner, with another person, was seen in a small skiff,
hovering about Portsmouth harbour, before day-brenk, on the mor-

fling of the 15th May. This circumstance excited the suspicion of
the Preventive water-guard, stationed at Stnney St-ps; they kept
the skill' in 4/iew until the prisoner and Ilia comp °lion landed,
when the officers entered, and discovered about forty fathoms of
rope, hoofing the Government mark, and a piece of deck plank.
marked with the htoad arrow. Neither the cordage nor the plank
appeated to have been used.
Mr. Altssiwn, for the prisoner, shortly addressed the Jury,
urging the insufficiency of the evidence.
The prison!v was found Guilty.—Sentencenot pasted.
CIVIL SIDE.

WARDE V. TERRY.
Mr. TANCRET (with whom was Air. AltaxWEATnEst) stated
this case for the plaintiff. The action was brought to recover da-
mages for a malicious prosecution. The subject of the prosecution.
it appeared, was of a very trivial nature. The defendant Terry
borrowed a drab great coat from Mr. Hunt, gsoler of Portsmouth.
This coat by some means was stolen from 'ferry so long as two
years ago, and was discovered its December last, altered in fashion,
in the house of the plaintiff, Mr. Warde. The patties are near
neighbours, resident within a quarter of a mile of Portsmouth.
The plaintiff is a grocer, and defendant a victualler. Upon the
discovery of the lost con, the owner Hunt, another constable named
Home, and Terry, proceeded to plaintiff's house, and took him
before a Magistrate on a charge of robbery. Ile was at firet impri-
soned. end afterwards admitted to bail until the Sessions, when he
was tried and acquitted. Counsel for the plaintiff now contended
that if Terry wan not influenced by malicious motives, he would
have gone to his neighbour.* (Warde`s) house, and mitleavotired to
obtain some explanation about the coat. This he had neglected,
however, and took the plaintiff through the streets of Portsmouth,
on a market day, at two o'clock, surrounded by constables, and at
the same time openly charging him and his family with the rob-
bery. Under these circumstances, he submitted that the plaintiff
was entitled to some damages.
Several witnesses were examined to support the case, but it did
not appear that Terry had done more than any other man would
have done under circumstances equally equivocal • and as sonic of
the witnesses stated that Terry chewed a great reluctance to proee-
cu te, the plaintiff's Counsel, at the suggestion of the Judge. con-
sented to a nonsuit, after consuming five hours of the public time.

THE KING V. noon.
Mr. Sergeant Wit.nE said this was a prosecution instituted by
the King's Attorney-General, fur obstructing certain officers of
the revenue in the execution of their duty. It was unnecessary for
him, however, to trouble the Court or the Jury by entering into the
particulars of the case, as the defendant had admitted the impro•
priety of his conduct, and expressed his sorrow for what had oc-
curred. No doubt (the Learned Sergeant mid) the admission of
the offence would have its proper weight with the party who insti-
tuted the prosecution.
A verdict of Guilty was theh entered by conseAt.
Mr. Justice GASET.EE having disposed of the Crown business,
proceeded this day to the trial of Nisi Prius caers, but those
which came before his Lordship were of no public interest.