The British Press; or, Morning Literary Advertiser.
London, England, 1821-10-02 00:00:00

6. ••••• •

nese. party, and they Came to Lave tUe tomtit of escort
across the mountain.; as they checked' bis progress be maths
them to go to the ryes., sod then proceeded with the party. As
they ailaineed further on len or twelve men, armed with
viatica, advanced ea the road iweeliefroot of sod approaching
towards ',lines'', party. There were upwards of two
hundred men snare Dear him, and upwards of five hundred
in view of hint, in different directions. Witness rude at thit
head of his party, nod ordered the people so advancing on
Lint to quit the road ; one of them answered, that he had
as good • tight to the road 44 witness; witness said he bad
dot, for that lie was the Sheriff, and had prisoners and •
pray of the army escorting them ; and said if they did not
quit the way he should melte them do so. Ott this they
stepped a few paces to the left of the road, but witness did
nut 'Whit it safe to pain at, close to them, and therefore lie
ordered the dragoons on that side to remove them further
• (coin the rush. The dragowis went to perform this duty.
Witness saw one of them shake his sword at the men to re-
tire. One of the party took sip his aline, and mute • blow
at the diagium, which struck his horse tin the bead; ihe
bow shrunk hack ; the dragoon gave him the spurs and
pressed him again toward, the man, who then made • second
stroke with his Slane at the dragoon, which the dragoon par.
ried with his sword, and the man had his static lifted to make
• this: blow at the ilraguou, when witness, considering the
life of the dragoon iii danger, and that this attack was the
commencement of a more general affray and attempt to rescue
the Prisoners, mut that the lives of his party and himself
were in danger, witness therefore ordered that said person
should he fired at, which was immediately done. and witness
saw him fall. Ilas no doubt but the mob were deterniioed
to rescue the P. hunters, and witness thought himself and his
, poly tit greut danger.
Cro-s-examined.—This happened late in the evening, later
than the usual hour when men break off work. It was the
19.11 of June, and it was nightfall before they got liver the
mountain. Coin-ivy might Ming • number of persons Loge.
:her on such, all ocea..ion, noel they might have with Diem
those implements used bythein in the course of the day. Was
egamined at the olgotroo,,•od swore then as he doe. stow. Could
out distinguiai w Inch of the party fired sir whirls did not. Could
nut say he saw ail other petann attack his p irty, his attention
was them so engreed with the affray with the dragoon. Did
not see how otlici a of the molt conducted themselves, his at-
I. sown being attracted to the ;mitt where he saw the Man
engaged with the dragoon. The mob were then vet y close
by. Twenty of the p, imues•rs were handcuffed, and wiliness
did nut dread them much; but there were sixteen of the Pri-
soner% who were neither handcuffed nor tied, as the witness
hail no more handcuffs, and could not get ropes in Clash.
inure. Vh illies. pressed forward with his party. 31111 the mob
got intimidated, and when wittiest turned ruvud be saw them
crowded round whet, the man fell.
Case fur the Prisoner rimed.

In summing up, the Learned Judge called the attention or
Ike Jury to the evidence gayest bilure them. He said it was
nut denied that a person named Bluets had unfortunately
lust hie life by a guu-shot wound, but the point for the Jury
to consider was, whether, under the circumstances detailed
to them, iir evidence, there appeared to a reasonable mind a
nereasity to fire sin the party they hail heard described as
being assembled. The material facts disclosed on the trial
were, that Mr. Maaus,ll, the Sub.Sherrff, who appeared to
lawn (the Lem: ued Judge) to have conducted himself with
caution, moderation, and humanity, was, with • small party
of sultlies• and constables, sine of whom was the Prisoner
at the bar, escorting a great number of Poisoners that
had hero on that day takers in tho act of committing the out-
rages the Jury had just !maid of; that nn the Shen ill' and
bin party leaving the town of Clashinore horsemen were seen
galtupplug furiously past them, in the direction of she moon-
tate over which they had to go ; that as the Sheriff and
his pally gut further on, and out of the enclosed leads,
burns Mere rounded and answered by shunting of several
persons, ibiusing up ibe hats, and making other concert-
ed sigmas; that a vast number of persons, of the de-
scription and armed as the Jury land beard, had collected
together in different bodies, and, though repeatedly warned
to keep off, were closing on the Sheriff and his party; suit
that out of them actually attacked and made repeated blows
of a sharp instrument at a dragoon of the Slieiirs party.
Here the Learned Judge &elated it was his duty to tell the
Jury what the law was, and w a must able mud eloqneut
manuer, which it is tint possible for us to attempt to fol-
low, repeated to this Jury the doctrine of the law, as ex-
pressed to the fernier Jury. (See his charge on the trial uf
the rioters, touter pis ce4iwg columns.] He again comment-
ed ow the savage, lawless, and barbarous atrocities committed
in that part of the country, where scarcely one of the
inhabitants ran speak a surd of English. The Learned
Judge, in adilitiou, 11.141, iii., WIWI' a riotous mob, of the
description they horrid uf, composed no doubt of the bro.
!bets and relations a the Prisoners taken in the morning,
collected together, hovering round arid threatening to assail a
pnblic officer au il,ielsarge of Isis duty—can there be a doubt
of their object ? Was the Stei-Sheriff then to have reireated
from such a hand of havens* savages? No, Gentlemen,
said his Lordship, it would have degraded the law and have
brought it static cont. nips ; and his attempting to do so
would ttttt st probably have increased the audacity of the
mob, and have led to mure scrim's conseqoutices. And if
the Rub-Slieriff bad waited until the dragoon who wag so
•Ilat keil was actually cut down, the triumph, of the mob
would have berm so torsi, that it would have Int • hard to
say what 11,. cuuaryu. nr. s night have been. l'he Learned
Judge then said, if the Jury believed the evidence of Mr.
Mauusell, sod of Thomas Hayes, Ishii was toutleiced as •
witness for the prosi enlists), they shook, acquit the Prisoner.
The Jury immediately 11:1Uflle d • Verdict uf—Not Guilty,
sad this Y. moor, was discharge d.

CLONM EL ASSIZES.
About Ihrec in the •heroonn of Wtdnesday Mr. Jostiee
Muwe opened the King's Commission in Clonmel.

DAVIS V. MANZ.

'flair was au action fu► a untliciuus prosecution and Mae
imp i.ustment.
_ _ _

11r. Duiscos.t. static' the Plaintiff's rape with his urea
ability ; Mr. LLOYD, on the part of the Deft !Ana, stated
►is ea.e with great thirties, and effect.

The Plain►iff resides in Rascrta, in this county, and
it appeared in evidence, that the Defendant, Mr. John
Fiai.k, is the proprietor of the Tolls and Customs of
tha► ►own, and that fur some time past he received
gnat obstructioa in the collection of said tolls. Sce.
to which *he was minded under a paoent granted in the
reign of Charles 11. It elm appeared that a Committee of
Fore M rkets was established in that town, to resift Mr.
Frank in the collec tient of the tolls demanded by his agent.
The Defendant, Mr. Davis, it appeared, was Secretary to the
Committee of File Markets, and that in October last tie hung
out vii a pule, opposite his door, a certain printed pt ward,
entit led, " The Toll Collerlur's Terror, or !reposition detect-
ed," containing • great collection of quotations from Acts of
Parliament mud Law authoi ities, against the collection of
lolls in certain cases; that Mr. Frank had swum examines
lions against Mr. Davis fur posting top said placard, suit that
be was committed to gaol for went of buil, he refusing to give
any; that Mr. Davis distributed pointed baud bills, exhorting
and advising the people ►o ll' iriSi the payment of tolls, and to
resort iss all cases to the law ageut of the Committee, vrbo
resided in
.the town of Rosetta, fur advice. It appeared on
evidence of the Rev. Thomas Lesirange, (Magistrate of R 01M
ens, that he was in apprebeusiuu of riot in consequence of
the posting up and distribution of the said placards and
bills; and also on the "violence of another witness, that Mr.
Davis addressed the anion, people from his window, ex.
hurting them to resist the payment's( toll; and that fur some
time no 101 l whatever wa% snide

The Plaintiff, Mr. U.nris, is of the Society of Friends, and
the Learned Judge, iu charging the Jury, in the most elo-
quent manner complimented that highly respectsble sect, ou
their uniform, peaceable, ■nd praiseworthy
slated tlllst the Plaintiff had Dot paid titivation to the satu.
Lary admonition of his obit rr, in the line of conduct pursued
by him, suit that as he was by law to judge of whether there
was reasonable or probable cause for the prosecution com-
menced by Defeutimit, lie should state that it was his opinion
that there were seasonable grounds for such pruseeoliou,
and directed the Jury to Slid a verdict for the Di Ironing'',
which they did accuidiugly.

At the irsterford Assizes, an action of ejectment on the
title was tried, rcsinctios certain lauds, valued at *Lust