The British Press; or, Morning Literary Advertiser.
London, England, 1826-10-26 00:00:00

irPt BRITISti PRESS.

whether this act trod doss from milk% and in coneediehel Nei
previous quarrel, or wheel* it was done In a pas.' excited by
the provocation given at tbe moment. If they were of the latter
opinion, they would find the prisoner guilty of manslaughter.
The opinion,
Immediately returned fink verdict—Guilty of Man.
slaughter.
In tnecourre of the day the prisoner IWIS called up for judge
meet, and
Lord StowEt.t. addressed him as felloas,--gamgel !Abbey,
you have been met' by a moat merciful Jury, and convicted of the
crime of Manslaughter. In the opinion of the Court your offence
touched so nearly upon the confines of actual murder. that they
=you have had a most merciful escape through the interpo.
the Jury. Upon a teview of all the eireumistiness of your
omfa flowerer, they concelVe it to be their duty to impose on you
tlessereat sentence which the law perrliits upon a conviction for
manslaughter, and upon this point their judgment That you
be transported to some of his Majesty's Colonies for the term of
your natural life."

then from whom they took it ? They said they mold not tell
him, as they took no particular* during the race week, on amount
Of their establishment being so email, and the boldness being then
so great. Witness then produced to them the 1011. motet they de.
vied all knowledge of it, and did not know they bad peld it to Mr.
Goodrich. Witness did not know at that time that the 501. note
had passed through their hands, but no aftenrards ascertaining that
fact, he went again to the defendants' back, and showed it to Mr.
Tew, who acknowledged it had Wen paid to Mr. Taylor. but did
not know from whom it had been received, as egotist also have been
received during the race week.
Samuel Taunton, a Bow-street calker, left seine of the hand-
bill,' advertising the hiss at the defendants' bank, at Doncaster, on
the 20th September, IBM, which war the first day of the races.
He called at the defendants' alter the rams to know if any of the
notes had been paid in, but was told they had not. They knew
what witness was, as 14 has been in the Wit of going to Doncaster
' Ant seven years past. A great Deny bad characters go to Doncaster
ISOM
Croft-examined by the Cotonou Scassinwr—Witness was at
Doncaster races in 1823, and called at the defendants' bank to get
cash, but did not tell them that these notes had not been recovered.
Dlr. Bastin stated that he went with Me. Goodrich to the defend-
ants on the Saturday in the race week, 1885, and my bite receive a
1001. note among others.
Cross-ersmined by Mr. PARZ—The great betting-day is the
St. liege day at Doncaster; and the ssstbog day for het° "'"e "
that race is the next day. barge sums of men are then paid and
received.
This being the plaintiffs' case,
The SOL 1C1T01.6 EN EIR.U. submitted that, es so the 2001. and
the lOU. notes, there was no proof that they bed over been paid to
the porter, who was alleged to have Mew robbed. if robbed at ell,
he might have been robbed of the cheques and the dividend, and
then the plaintiffs could not ham such a property in the notes paid
for those securities as would give' Qum a right to bring the present
action of trover.
The Cater Jun? len then called tip Mr. OnMins spin, who
stated that John James, the porter, when he exhibited his cost cut
to the winless, paid him elides iiviedellit phiesef, the several sums
he was to have collected, in gold, silver. and halfpence, which he
had preserved on account of their befog In hit breeches pocket. and
they amounted to 281. Itts. 7d. Jan James was an old servant,
aged sixty.
The CHIEF JUST IC t refused belfillegt, ei9lltEr that dal* last
piece of evidence left it for tke Jury to dside whether John Tames
was not robbed after he had got all the money into his posseision.
The SOLICIT° it.OEft am. then @Admired the Jury on the part
of the defendants. It welcher that die plaiudisked lost all the money
in question in consequent@ of their own eaellieNOMS, for they bad
intrusted this large snot to a helpless el* mos of sixty years of
tackwho was incapable of takin meg of the 'tepee! whet at-
ed. Next, they had not giveng the delandants due and proper
notice. They had only advertised to them the ens they had ear
mined during the rates in 11124, and it was dear that so such notes
had been presented to the defesidanntat that time. In the third
place. it was to be fairly presumed by defendants that the lost
SSW had been recovered, because Tasman, the Dow-street Mese,
who had originally given them neskevvisited their banking-house
at she races in 1825, and never said a word about the notes in quie-
tism In the fourth and last place, the plaintiffs bad not famished
M the defendants an accurate description of the stolen property,
because they had alleged in ibis maim thatthe lost 2001. note was
dated the 9th of August, where's it was dated the 19th of August.
The beamed Counsel submitted, an these grounds, that the de-
bates* were not responsible, because he would show that they had
gime the value of she notes in question when they received them.
Mr. Senior, a clerk in the defendant's bank. then proved they
course of business. It wis not their habit to ask gentlemen
travelling to York or Edinburgh, oi thence to !Ando°, any parti-
culars when they got a Mate Bank of England note cashed, but
they entered such note, 'strange gentleman." In the daily trans-
mama, however, they did ask diver, bat at race times it was *-
possible, as there was not time.
Cross-examined—At rasa times she banking hoofs were from
half-past nine in the moaning until one o'clock, and then the clerks
had liberty to go to the races.
The Cashier of the dotendant's bank was then tailed, and proved
that the value of the notes% question had been given for than, as
the accounts were Wafted and found correct This witness elm
proved the custom of the *attestants not to ask_pankulses, stalest
of suspicious persons, remeeting large Bank of England notes.
Two other country bankers' clerks proved a similar custom in
the banks in the north.
Mr. George Dyer, a clerk In the Bank of England, proved Shit
it was poni.We for two 2001. Bank.of England notes to be out, Wok
bearing the sante number, but one bearing the date of the 9th, sae
the other of the 19th of August, 1824; but in this ins=
knew that no 2001. Bank of England note had been Wood,
date the 9th of August, 1814.
Mr. SCAB LIET T then shortly replied.
The Loan Cuter J ureter, in charging the Jury, ebeerraft,
that it was necessary the administration of justice should be con-
ducted in such a way as sot tocretp or impede the cbuulatlon of
Bank of England notes es the one band, or *give eucesrectseen
for theft and -head on the other, by *Vowing too gm
dispOse of each notes when swirls The Atieedol

FATAL. DUEL
Edward Kenny, Lieutenant of the Nth regiment of foot; wan
next put on his trial, charged with the nisnslaugh ter of Mr.
Robert Charlton, surgeon of the Hustorah, on her voyage from
Madras to England.
Mr. HORACE Twice and Mr. Marts conducted the case far
the Crown; and Mr. ALLEY and Mr. C. PHILLIPS fur the
defence.
Mr. /Insect Twigs addressed the Jpry. The circumstances
of the case were shortly these. In March last the Bussorah sailed
from Madras for England, having on board Lieutenant Kenny and
Mr. Robert Charlton. When she arrived oil the Cape, they were
on such terms that Mr. Chniton was in the habit of living in Lieu-
tenant Kenny's cabin, where they ate and slept together. On the
23d of April,
.which day was kept as the King's birth-day, a great
deal of wine was drank by them. About twelve o'clock at night
they went up to the poop of the ship,and there a flash of a pistol was
KM Mr. Oakes and the Captain immediately examined the poop,
but seeing nobody, they went below again, and shortly after
serether discharge of pistols was heard, upon which they went tip
vain t and saw Mr. Charlton, Ph° had been shot, in the arms, of
Atli lassos& Acto.tita wino/ this quarrel, there was no evidetin
whatever ; the only eircumstan& which could threw anglinha,ma,'
Ins so observation made shortly after the fatal OCCUTTCIIO4 'WI-.
Went Kenny—" It is all through a d--d woman."
.4.11/11111mo Madge. Lieutenant of the 45th regiment otter.
=d by Mr. lifaur.t.—ln the month of April het. I teas .
o,em Bussorah. We sailed from Madras on the &I of Malik
Me Omen was on board, being on his return to England, nn asK
mon of ill health. Mr. Charlton was the ship's surgeon. On the
23d of April we were off the Cape of Good Hope. I had sees
Lieutenant Kenny and Mr. Charlton that evening. They were oc-
cupying the same cabin. They were on teens of the strictest hind-
s*. 1 was in Mr. Kenny's cabin with them. We were drinking
rather deeply • we rang several on God save the King," &c.
At length, I Proposed going away ; Mr. Charlton got up, and said
to me that I should nut go then, He then went out. and I ro.
mained for about
.a minute or two in conversation with Lieutenantl
Kenny. On going away I saw Mr. Charlton coming back with a
bottle of wine in his hand. The next time I saw them was Shand
twelve o'clock, on deck ; Mr. Charlton was in great bodily. palei
and Lieut. Kenny in great distress of mind, quite frantic,.
saying, " throw me overboard, or do what you will with me." '.
might have been away about an hour. The body of sh. Charlton
was examined next morning, and there appeared to be the wound of
a bullet, which had entered below his right breast, and passed
L Ilmeggb his body.
Osess-examined by Mr. ALLET—Lieutenant Kenny and Mr.
'Onilson had in the evening been exchanging small presents. Lieu-
tenant Kenny gave to the deceased a silk handkerchief (which was
pleineed is Court). Mr. Charlton, in consequence of something
"ilia hod occurred, was deprived of his cabin, and Lieutenant
Kemp allowed him to occupy a share of his. I
OURT—Dr. Charlton had been put on salt beef, and
of his own cabin, by the Captain. About 12 o'clock I
Charlton and Mr. Kenny at the poop, and having ob.
uNwed a Bath coming front Mr. Kenny's pistol, I went down to
initrin the Captain that they were fighting. On our return we did
1111 sot find them at the poop, but we heard the reform of a pistol ;
wad en Finn towards it, I saw the deceased welterinc in blood,
and I booed slr. Kenny say, " Pay Clod ! 1 have shot the best
` Mend I hod in the world ; and all for a woman."
Cresp.atoodoed—The deceased was put on salt beef by the Cap.
taro, inconsequence of some difference. Mr. Kenny took him from
eiendship into his cabin.
. Mr. Charles Oaks, examined by Mr. H. Twice—lnas the officer
em watch that night, between eight and twelve o'clock.
Me Baron OAaaow here suggested. that as the Cairo was al-
,sesely in possession of all the facts, perhaps it would not be neces-
sary_to arty the examination of witnesses further.
Mr. H. Twiss—We only mean to ask this witness one or two
questions more.
Examination resumed—Just before twelve fame nom coming
ugo undelthe peep. as thet had been previously in the habit of
defog. I wet so notice till I saw a flash from Lieutenant Kenny's
plaid. I borisodiatcly went down, and the Captain Uwe with r
..• man& * duo, but they were gone. We then went dew
p op our coming up agilit we beard not.
; We found Lieutenant Kenny r-
_ _

ty 001

H,

Ti;nilvOititeMi

deny ; secondly, sendnedig the de..-
business, especially during race tirludThrorsoses,. when every u.
thatmust know bad charmers :yr (mg who is cep.
peand they received theamplea ), aniNdolent 'ebb dui
we and caution.
/be Joey &and brthtlifeheitOddlealleilflegft•--•"-- • • • " • •
0
I.ki. Be. .se ease for the prosecution having closed here, the Owner Ma
ADMIRALTY SESSIOSS, OLD BAILS!,
called upon for his defence, when he read the following statement,
Lord Senweee, Mr. Justice Palm, and MIN Baron GAS.
in a manner so feeling and impressive ea to secure the sympathy of
all rho baud bka.
morning, at the o-siy
now, took their seats on the Bench, yesterday
usual hour. Lords, and Gentlemen of the Jury,-In availing myself'
Upon the sitting et alt Caere, Lieutenant Edward Kerney up. of the privilege of addressing you, which the law allows to persons
the Bussorah
dr
petted and surrendered Moult, to take trial on the indictment tizace
la sty unfortunate situation, I will endeavour to trespass upon your
found against him. for manslaughter. Mr. Kenny was dressed in en briefly as the circumstances will allow. On the 26th of
deep mourning, and at his entrance into Court- ranlad, I embarked for England, on board.
Merchant, private trader, having obtained leave to return to Europe,
.111 r. Justice PARK feelingly desired that he should be allowed a on account of ill health. My disease was of a very painful nature,
seat without the bar ; but, upon recollection, the Learned Judge
was sae of felony, he must retract his
observed, that as the chargeand had been contracting during service with my regiment, theB9th
order, for it was necessary that Lieutenant Kenny should stand foot, in the Burmese Empire. My disorder affected the superior
and inferior estremities, and even extended to some part of my
within the bar, which he accordingly did. body, and at that time I had suffered acutely, under its revues, for
Mr. Kenny was then arraigned, and pleaded not guilty. Hewes a period of mare thin ;„ maths; and &hough now faa a ma-
then removed from the br, and accommodated with a seat at the ;anal improvement in my health, my disorder 1/1111much too deeply
back of the Court House.
rooted to admit of an easy or a speedy cure, and I still continue to
&HAREM OF MURDER. saw severely from its effects. On the 12th or 13th of March, cir.
Samuel Libbey. a mariner on board the Kent South. Sea whaler, eminences which are not necessary to be repeated in detail had the
was then put to the bar, charged with the wilful rr.urder of Thomas effect of depriving the deceased of his cabin, of his seat at the
Tate, another mariner on board the same ship, on the 19th of cuddy-table, and of placing him on salt provision. When I was
September last, within the jurisdiction of the Admiralty Court of apprised of this order I immediately entreated him to share my
England. meals and my cabin (to which I was then confined by indis.
Richard Christopher strewn, said-I was armoursof the Kent. position), stud he accepted my off. r with apparent gratitude.-
She was a South-seaman, the prisoner was a maims. on board the About the 16th of April the deceased came to me in a state of
elf p. I knew Thomas Tate, who was also a mariner on board the great agitation ;he told me he had been insulted, and desired me to
ship. On the 19th September, between one and two o'clock. while call for an immediate explanation. On inquiry, I found he had
I was down in the forecastle getting my dinner, Tate arid the pri. conceived an erroneous idea, and that no insult was intended, and
soner being also there, the former sitting on a cheat cutting to- he acquirced in my opinion and conciliatory advice ; soon after,
buns, and the prisoner sitting directly opposite to him eating his another affair, but of a more delicate nature, demanded the services
dinner, I heard a few werda bewom thein ; they appeared to be of a friend, and he again made use of mine. This affair, however,
speaking angrily ; the primmer getup and went towards Tate, and was also compromised by my assistance and friendly attention.
struck him over his fate, when Tate rose up, his eyes streaming Motives of delicacy prevent me from detailing the circumstances,
with blood ; f then saw blond flow gram his side. Tate tried to but they are well known to Lieut. bletge. In this state we conti-
nued until the 23d of April. The former part of that day was
round thin
time
had hiswaistto knife
supportin spent like the preceding days-we rose early. sat down to break-
him hand.
and. but he could
prisoner n
put i ' hielisprietm ann net ae-
him from failing ; put his band to the wound and sung out, " My Nat at eight, anti to dinner about three o'clock, lb my cabin. Being
Bud, send for the doctor !" The doctor came immediately, and still indisposed, I ate but sparingly, and, to avoid temptation after
Tate was removed from the forecastle. Tate died about half an dinner, repaired to the steerage. where the d soon after
hour after. He meter spoke again. Tim prisoner was taken aft, joined me, and entered into conversation with a lady in one of the
and put in irons. stern cabins. In the evening, as usual. we attended the ladies on
Cross-examioed by Mr. ANDREWS-All this took plate in a deck, and shortly after met on the poop, where we remained till
very short time. As soon as blood seas seen the prisoner called for about eight o'clock amusing ourselves with general convesation.
the doctor. • About nine the deeeesed Lieut. Metge, and myself, repaired to my
11.:-examined by the COURT-The quarrel was about a soup- cabin, to pass aconvivial bout, it being the anniversary of his Ma-
ladle. The prisoner had taken the ladle and put vinegar into it, so jetty's birth-day. A bottle of Alnico& was opened ; and, after
that none of the others could use it after hm, when I said, "my drinking the King's health, end the singing of two or three appro.
noble chap, that's not jolly." When the prisoner said, " I'm no priate songs. I presented the deceased with a silk handkerchief in
chap." I heard nothing farther. remembrance of the day, which lie accepted with expressions of the
Joreph Raine-1 was carpenter on board the Kent. After the warmest gratitude. It was now about a quarter or hell:pest ten
conversation between Christopher and the prisoner dropped, Tate o'clock, *ben a bottle of claret was placed on the table, of which
told the prisoner it was low languages. The prisons said, if he the deceased and myself only partook, Lieut. Metge having declined
would not hold his tongue, lie would not take it." Tate then went to do so. About eleven the deceased went out for another bottlesif
up foe some water, and was absent four or five minutes; when he wine, leaving Lieut. Metge and myself in conversation, In this state
mine back they began to quarrel agabh I did not see 'fate get up we remained for about 10 or 13 minutes, when Lieut. Metge went
to offer any violence to the pris:tik The prisoner again said he away. The deceased retutned soon after his departure. And from
would not take this luggage, up and struck Tate, whose that moment I have to date the origin of my irrepara m blemisforae.
head went against the bench. Did see Tate strike the prisoner -My Lord, I have ventured to claim your indulattee to this de-
with his knife, but he made a shove by way of defence. Primmer tail, because I hope you will perceive in it the most convincing
said, "if you are for a knife, my here's& knife too." Tate proofs that no malice or towards the deceased could possibly
made no reply, but I immediately saw the prisoner's knife go into have dwelt within my bosom ; anti that up to the very period of the
his right side. All this passed very quickly. fatal moment, I had exhibited towards him the most entire confi-
Cross-examined by Sir. ANDREWS—I cannot say that I saw all dente. and the closest friendship. On the return of the deceased,
that passed ; I might not have heard every word that was spoken. I was standing by my cabin-door, where I observed something,
I did not hear Tate say, "we have savages enough beta without which prompted me to charge hide with having broken his promise.
sending missionaries to them in New Zealand." I bad heard Tate His answer was, to a gentleman, the most insulting expeesalon
during the voyage say some very aggravating things about mis. which the Erglish language affords ; to this insult I replied with
shinnies, but not at ibis time. equal warmth. An immediate challenge was the consequence- the
Samuel Kershaw-1 was I cooper on board the Kent. I did not instruments of destruction were unfortunately too near at hand, end
hear all that was said between them. Very merry words were in a few minutes I became the most miserable of mankind. In
Ruing. I heard the prisoner say, " you black if you don't thus stating the causes, progress, and fatal consummation of this
hold your tongue, I will knosk your two eyes into one." I after. miserable event, I labour under singular difficulties and diaativan-
wards heard him say to Tate, *elf jou are for knifing. I have a ages. Vet, I cannot but trust that you are fully convinced that I
knife too." I looked up, and new Tate was stabbed. I had not could bear no malice or ill-will towards the deceased-although I
seen Tate attempt to strike thapelsoner. After he had stabbed have no means of accounting for the putting of that cloud over my
him, he sung out for the doetoe. mind, which. in • fatal moment, has darkened the remainder of my
Cross-examined by Mr. Arrestiews-When the prisoner got up days, to whatever period they may be extended. In this critical
first he struck with his gar. The prisoner was between me and situation, 1 have only to implore you to weigh carefully any facts.
'fate, so that I could not Sit exactly what they were doing. The disclosed in evidence in my favour, leaving it to your knowledge,'
prisoner, when he strusk with his fist, had his knife in his hand, human nature, to supply, according to your judgment, the void that
but did nat use it till after the exehonation about " knifing." may be left by the absence of any positive testimony. In doing this,
Gray, a police officer, produced two knives, which he had re- you will not fail to consider the suddenness of the event, the bout of
ceived from the surgeon of the Kent, whieft were identified by the night, and, if I may use such an expression, the alone sues..
Christopher as the knives' of the planner and Tate. eciousness in which I was hurried into this dreadful mrsonosewsoc
Christopher, re.examined by the COURT-He saw the prisoner', lam aware that this distressing affair has been misrepresented, and
knife immediately after the quarrel, and it was covered with blood. ;oar appear to some to have been a drunken quarrel, but I have no
The wound was live inches deep. desire to plead any such excuse in extenuation. I freely admit that
The prisoner, on being called on for his defence, said that he had my spirits, from the circumstances in which the day and night were
no malice or 111-will whatever against Tate. The deed was done passed (increased by the previous long course of abstemiousness
under 1r momentary impulse, and in his own defence, as Tate first which C had observed), were somewhat excited. They placed me
struck him with his knife in that stated Mud in which a man is, Moore than an ordinary
Mr. Justice PARE, in charging the Jury, said rhar.rr wa. clear duree, alive to any thing like insult anti ptotoestion. This I ad.
that the deceased had died in consequence of a wound inflicted by mot ; but alttibugh intoxication be a sin, disease co/Readied in the
the prisoner, and tbet ths only question for their contitkration was, service of oty country cannot be a mime, and r hope I may be al.

Ctasa.asuranbad by Mr. C. Pim:ma—ln coaseipienea of a
inakai beams ilia Captain and Mr. Charlton, the latter had bee
tai "salt Pnvlstlns;‘ed.in CClG.tir"Ce.ofk.diegeith'p

lowed to avail noyasW or it in port of My defines; far no MS ota
be competent. perhaps, to say, how far the cruel bodilj sufbflayi
*Wit Ilia so /Ong .aftrel. and wsa labouring under st thmtak.
may hue lammed the irebtioeutt of my amemuto, crag koe,
affected my mehthl powers, and rendered them Issebbis to meet
the sudden moults of pasSisn, Mies strongly tufted by, bauble
from a gutter from which I could nett., . in *raison. bait stpbeild
it. Win 'nu peEmit me, to make a flew anasems even silo
widdenuesi of the transaction, which, at a dm gimes; mibboont
wear the aspect of extraordinary impadenm Z Ils semmmor am,
pines, whether on lied or at Ifs. Ms pieelii hausapiesakbegemi
or „yams move, to which dugto S lithe. Thus *de
m
' have dam to coal—Menthe, an Meet esilbek
the;l gime. NA Ann dtS Oildbloial beat at nen nylon!
This was lab the etessistmlese In MIMI as dogma
bad ism liolfo wand hew% -mod oda
say latallsiense happily onesibtawil to etterent, isgs, a Meg
rank • No favniable advallists""sg4
fend in my burdess ease. Ws bad no separate banose. in wog
the inmate of my cabin i bis dot *55 awing mums my bed t die
door of :conciliation was b.. 0 against us—there sassed to be AO
alternailve. This, I was the feeling mad. nein one dna
• ter inatibn was devise ion I styjar bend et
I have no distinct neollanded of the y win I wee*
to a knowled&e of tbe dreadful woronnobek op a timid
Mx Lord-t 4 din in your setinisten if Min manses, thatr4
net escape your humane onsidsratisn to sake lona ppm Ina
count my posPinn b suietY—kbat I am as ogled la Wilt
melee—that I am one df a On a( Sass Welled to. be
guithed fur their nice sines el Ispaostr, and lobo no Wel* 111 We to
the slighteit breath that em oddity dent •lusselo eke. To
men honour Is dearer than life ; and be me my _ious:
life; as it it my v..' "" -
The offensive
: idetep. sliokunlighl‘
would have been
way doomed td
ness towards tht
!tuns !mall egidee;

winitmarkt ,
I. fatalday, .
board, sad No •
inlets Of shit
.ti tat a
Model M'Bttßied,
to bail, by thl krdww

floemi?l;!nd

Cifilisi de a:kimiiii. - ---
under a.
by' liellbringi badering .
T.:...
My Leed'ead Gentlemen—l
time, by attempting to daalbe . ... alga- V• _a Winify
to endure. and which tad only teadeflenievimiralistat.der I nag
attempt to desaibe what ilo t
express. In weighing my fate,nasseitanddsuit that will sift
all due allobanas he halßyVallt fOll sir fife am•
Ig
lure, in circumstanced eemthemsse, aid se 4eEad I Mk
now only to add my shilsre red hemillit • ' Si thegilight-
attention which you hoe besellwed to my eirlfertegate caw •
During the nedieg.st **address several mesas peen* (all
amongst other. Mr. JUNIUS PAIL) were i&cted area to Imil.• .
The follonting Withal° were theft nasalised as to chevalier s—, .
Major.Getieral fiewel-Aliti lawn dee Plehetri irjost_
___,_ t
intimately acquainta with him fro two yea's is S 1116,16
a man who discharged the dates of as Ill* VW amen
he was benetoleut, pads*, sal givarehes, to i* iggiathe Meat
of all who kdelk him t he wee. *elleeiredille tr• Ire !NlP**
appeluted Adjetae
avabse se k is O
meeisa h
Mat" Orepet..- whom he fa diedii4
a great ele4 he die* gear ohs
satisfaction,
Coloostkliles. of thk ilgile itM.. t. lit *gab the prisoner as
▪ Lieletiaset, 'Ail dist bh ose as as oe eat a geuthimie,
otaeleel see dem he Mill supeeds.
Mallet, Called 01111hed. Ideeepset Meal Lk Au -
eepainTstge, ill spoils el theleilleadedi Shelties"- Th.
Wit Odd, his leeetterehlibel; le Mee dem die - pm.
Meted a "holler melaliddely Weddings." tries eldebentad des
peisentinq. .
hh. Meauiryt Orkito*,-* charging the Jury, eliseefitid, that COO
dining all the cirsommesies emsleted whh it, the posses ear
ems of the most melesehely tot diansviies cams which triersil,
I came *Mee a Court. The IMO* sad toe sohlutaels
had embarked on board the emetwesed se totem we dale =dm
land. with the hope of recoraing hem the deices It diem sand*
which were made on their consiittitioes. in • **ea idea,
they had been engaged in the service Of their . -- psi.
souse it the bar It from the evidence wide had An
heed wee • by leis bravery Maceradect. lle
411
hal siMiseikamo4dberseigt as des le ie Galt 0..
Judd's:teat dimes geofflkee ehith • him • se •
Welke, We . which was die abbot elowlettelitic el 6
mill he slyetseiew - bele* it bedideWedlell:kbzafer dim
before the fatal tecemsease which was the sabjoet et die le-
- - tierlorikeme.iiiirsesesselpaseseedi is
"•de ids beech. era that lie had home 2
wimmessetedemities similar to thee ht elidediltvas
______Aselestemetzahr. It was oat A" =t4itt
admits Mfigt Amend pis datecy which
powder. The plusher *ohs bar had called the ...MLN.de Meth
' Visitt_jratienrreeellitttaleger ntliC/4,-
the beet MIMI at Ike Sae it ammo that whew !ewe*
expelhd fame the Vaptalet's add" lee seems de based,'
and, by such mopeisiemelias gsiieiehietßes
ehieg
the prisoner stele**, Mid ma the bred ofk=
from his degraded *hedge, as far sa fdeettahli •
1
received him boo his own cabin, shared his prorisiew • ' ,
and enabled him to enjoy those comforts of which he wee*
wise have beep destitute. In this friendly disposition the pakten
and the deceased lived together until the King's bisth.day—is day
when it is customary for all B • ' h subjects to adage in mos
species of rejoicing, felicitating themselves upon living undeetrath
a King, and upon being subjects of this happy couatry. ,Is beside
of this day. it appeared that the parties had indolged too
much in wine, and, whilst under its influence, the stab eient
oc.utred„ which terminated so fatally. The Learned Jodgeher
recapitulated the evidence. and particularly adverted to the • y
which the prisoner evinced after the commission of the .
which was some evidence that it *as sot a p • act.
He also observed. that the priaooer belonged to a
re( which the members were above all others taxelous ofPrett
seer. Tge priaoher, he ,tide had addressed them at greet length
In his defence. If he (Baron Harrow) ahought it necessary he
would r‘prat that address ; but be would refrain deng so, as be ob-
served that the Jury hod heard It with marked attention, and he
hared that any observations he could add to it would only seed to
weaken the effect it had evidently produced. In couluoims„ it
was only necessary for him to state what appeared to the 0011“ to
be the law as it affected the case. The only pound upon which the
offence could be considered a lame efface than manslaugr, Wall
where one might imagine that the first blow had been 'trucey the
deceased, and that Kenny had acted in his peacoat defence. liters
*as no evidence, however, to this effect, and to do the priunerjoa-
tice, much to his credit, he had not suggested that such soda the
case. It appeared that the charge of killing was made out, and
it was impossible to view the offence in a lesser light than as man.
slaugh.er; One circunisiance the Learned Judge felt called upon
to state; It was, that after Lieut. Kenny had Neu committed.by
Lone of the Msgietrates of the County. lie was released ea hail in
[ consequence of affidavits from deceased's family, wise, oo a full
and careful eitiunination of all the circumstances. had ease to die
'llanelusion that this was one of those great calamities which some.
Shire' overtake persons without any great or culpab'e blame et.
Whine to the author of them. As a matter of public duty they
had brought this case before a Jury. It was fit it should have
such an examination. It had been beautifully observed, that the
choice was very small between the calamity othim, who, faUing in
this combat, was suddenly called before hie Maker, and he who
survived to carry with him to the grave the melancholy remem-
brance that his tea eat friend had died from a wound inflicted by
his hand. In this case an unfortunate man had been sent to his
account by the primer. In the eye of the law, that was man.
daughter; but iithe Jury found any thing in the circumstance" of
the au to make them doubt that the offence amounted to man.
slaughter, it was their duty to give the prisoner the benefit of that
doubt.
After a short consultation the Jury returned a te:dict of Ma.
slatsghter meant Lieutenant Kenny. but as the same time respect•
fully recoonneetted him to the merciful consideration of the Calm
lAel STOWELL then addreaued the prisoner. He said that the
particular friendship which had subsisted between the prisoner and
the deceased mita have so frequently recalled the occurrence which
ended in the death of the latter to the prisoner's recollection, and
affected his feelings so poignantly, that he should not attempt. to
aggravate those feelings by dwelling_on the ease. Those feebiw
which the prisoner had this day manifested the possession of limed
prevent a recurrence of the offence with which he was charged, and
it renisined for him (Lord Stowell) only to pronounce the seetesee
of the Court, taking into consideration all the circumstances of the
case: it was, " That Lieutenant Kenny should pay a fine of )dL
to she King, and be imprisoned until it was paid. '
Upon the conclusion of the trial, Lieutenant Kenny placed his
hand upon his breast. and bowed respectfully to the Court. The
tine was immediately paid, and he was discharged.
Henry Franca, was indicted for assaulting John Petrie.
John Petrie stated that he is an apprentice, and that the teas
veer is Cams* lof the Shakspeare. The vessel was at sa, on a
voyage from Shields to London, about four 'rondo ago, and the
provisions were given out so short, that OBI! three-tcutth• of a
pound of meat was apportioned to seven men. Witanes 'llamas
was not much larger than his nail. Ile laid it down on the torn.
pinion door, that the master might see it ; and when the traveller
observed this, lie called for a rope's-end, and beat witness until he
was black and blue.
- -

the cinli
siettiad eM
_

-----
Cron-examined—Thee was plenty of bread at breakfast when
this short allowance of meat was given. Witnoss'asked the other
men to c trey up their shares of meat and allow it to the Captain,
but they refused.
Two others of the ship's crew were examined, and flan their
evidence It appeared that there was a great abundance of provisions
during the whole voyage en every occasion, except the one 6111164 a
to. There was a deficiency of meat that morning, because the cold
meet bad bead /leen the preceding evening to tits pilot who heel
broutet the vessel Out of tihields. There had Welt plenty ot TOeat
ht ditdur sfie preceding day, end these Wal pieetpthe who iloy

brifie life; " Iti.mrt Ztly steWoi lisi7i.-ITIM;Bow sgerlobsoitiggik
r, a great Theoffeasive wads tibia isms( ss NAP ob Wog I.
at night were spoken eel* moverh 'shi 'dose, aim ow in a
pistol was ship. I might MN 1 that both *Miry surlitaiFle
the poop, would have bees ' h sway poems; bat I was =
etly after *ay doomed to he nehartaaate a awl the sag eat of my
, went up nese towerde tin bleated—ibee lint' of my Wigs ispat•lsllll
g mots of IMO snail seem; basis dioigillit'of digibillbllmegs=
; evidefice 'dooming me to paystimi
.141" ki
dts cr
Ally Pord,—ln the *aims whams.. to Aff .
y . swan at my eisistillibly ems. i Jodi jk. 'Mb •_
•
tabus, in yotit hails. Whetever the radii oallibi _.
`Sot. es- Aflame is mind that lAA got lism asss#ol risti".64.
I woe co the &sada!, the Mid April, le the !ti
ereattiamage
of March. board, awl Ms i gram pin ottlid4 tel.
_,. .
td, nn se.. dints id my .baba; ass wisi Ifos atm a that _
..._
r, .On the mitred te fill VS 490. Posed *el& of • tole"( rlZZait
had Se" landed la Enfllaftd, up W dis Mb itmire, 6 I Ira k ammo
r were oc- to bail, by the Maims at the LieliONlK 'Amiss, I was waist M-
eat Mind. lisement, and So Ow widest poker -Ai is dis Essi ut tie.
i drinking gate; having thug, audited as of bur assibi, wool
ing," &c. laboaring iotawnt @Sat seism 1014ossehs, suetapr
, and said by metal intlrevin Wiping am-
end I re- My Lord and eathenew—l V 49 set leelfplii fool la Wm
Jieutenant time, by attempting to deairsi!te dive wilwity whisk* it !Naha& OM
a_.-..,