The National Register.
London, England, 1818-02-08 00:00:00

ESTAISLISFIEM EIGHTEEN YEARS.

The Public are respectfully invited to an inspection
of the very large and cheap stock of IRISH SHIRTING and
SIIEETI NG CLOTHS, now on sale, at N... 4, The South side of
Bloomsbury-square. The Company. from the nature of the Esta-
blishments here and in Ireland, offer to the community the allot e
articles nitteh cheaper and better ihan they can he procured through
any other medium. Titeir linens arc bleached under their own in-
spection without the help of acit‘i; they Warrant their durability
and colour, and en age to return the money, should a fault appear.
Country Orders faithfully attended to.
Agents: John Donovan, N 0.4, Bloomsbury-square, London ;
John Doyle. No. 31, St. Mary's Abbey. Dublin.
Good Bills on Ireland, and lank of Ireland Notts taken or dis-
c 4intati.

PUBLIC AMUSEMENTS

TOR THE EN/II'ING WEEK.
THEATRE ROYAL. COVENT GARDEN.
Tn.Morrow—Fazio, the new Tragedy.—The Pantomime.
Tom.lay—Guy Manneting.—The Illustrious Traveller.
Thur.,:at —Fazio.—The Pantomime.
Poillay—.A Grand Selection of
Satunlay—Zuraa, a new Comiek Open.

ROYAL CIRCUS and SURREY THEATRE.

TO-MORROW, Tuesday, Thursday, and Satur-
day Evenings, will be presented. Ist time, a grand Melo-Drum,
founded on Mr. Coleridge's favourite dramatic Poem. called

•
ZAPOLY'A; Or, The WAR WOLF.
With new Scenes, Drones and Decorations. Berklen. Mr. Hunt.
Icy; Zapolya, Miss Taylor; The Counts Samna. Mrs. Dibdin.
In Act I. An address. inddehtal to the Piece, by Miss Adcock. in
t!ie character of Arid. concluding with Shakespeare's Sung of—
Where the Bee sucks, there lurk I."
To which be nded, for the fifth t7me, a Burletta. taken from
ktchling's Navol, called TOM JONES; or. The FOTTNDI.TXG.
TOM Jones• Mr. Huntley; Partridge, Mr. Fitzwitiarn ; Sophia
Western, Niil4Jonis ; and Mrs. Honour, Mrs. Brookes.

Boxes Is. Pit 2s. Gallery tv —Half P. nee, at half-past Eight.—
Dmr; to be opened at half•past Five, to begin at half-past Six.
Nlond.,y *vei( µ•ill Lc revived the Burletta Spectacle, called
StAvrs tY HARAARY; or the Bombardment of Algiers.

THE NATIONAL REGISTER

LONDON:

SUND.IY, FEBRUARY s, 1818.

PARIS Papers of Tuesday anti Wednesday last, were
vereivcd yesterday. The discussions on the Recruiting
I.aur .vere still continual; on the Sd several of the
articles were passed with the amendments which had
been pmpt)sed in the Committee. The Duke of Wel-
-1,-,con had a private audience. frith tie King on .the

THE NATIONAL RE( E'ER.

3d, after which his Grace paid a visit to Monsicar and
dined with Prince Tallcyrand. On the same day the
English Ambassador gave a grand anus bull at which
more than 1000 persons were present.

A report of a most alarming-nature prevailed on
Friday, in the City, on the authority of a letter from
Genoa, dated about the sth of January. It was rutted,
that the nieces or daughters of the British Consul
had been seized at Algiers anaconsigned to the Haarana,
that his son had been murdered before his eyes, and in
the presence of the other Europeon Consuls. The
sane story, but with some variation in the circum-
stance, has ca.nc tract Frankfort, thrtm:;h the Mitch
mail; and a letter trout Genoa, of the 12th ultimo,
brought by a mail fiorn Hamburgh, affirms a similar
violence to have been manifested towards M. Caron.
the Sardinian Vice Consul, whose niece was carried off
to the Hamm, and he himself order..d to quit Algiers :
this gentleman is asserted to have arrived at Genoa, be.
titre the date of the above letter and to have been plural
in quarantine. Can the two narrativ,,3 have referenee
to the same fact? .or was any outrage in either ca:se
offered to the representatives of the Christian world?

in contradiction of this horrid statement it is ass:rtcd
that accounts have Wen received from the Agents of
Lloyd's at Genoa, bearing date the 9.34 of January,
that letters have also reached severed merchants imme-
dialely connected with that city, and that through nei-
ther of the above channels has the slightest notice
transpired of the circumstances in question. Little
doubt, we should hope, can thence ba entained, that
the 'Miele, or leading parts of the information are un-
founded.

A respectable meetiug (consisting of the Archbishop
of ('anterbury, the Bishops of London, Glocester, Ches-
ter, and LaudaW. and indeed nearly the whole bench of
Bishops, together with the the Duke of Northumber-
land, Lord Sidmouth, and about 23 lay Peers) was held
yesterday at the Freemason's Tavern, fin- the purpose
of forming a Society, and raising a Fund in aie of the
intenilodearliamentary grant for the building of church-
et. Several appropriate resolutions were made.
The subscriptions in Boston, America, for the late
sufferers by fire at Newfinindland, amounts to up-
wards of 6,000 dollars. A subscription in London on
the Fame scale, in proportion to the number of its inha-
bitants, would amount to more than 40,0001. sterling.
Ey a letter from Bologne, dated on Monday last,, it
appears that the weathL:r has been most tempestuous
alongthe French coast, during the last week. On Sa-
turday week a smuggling vessel was lust within a
stone's throw of the Pier head ; and we regret to state,
that the whole crew, conshting of nine Eu,;lishmen
and one Frenchman perished.
BRIGHTON, FES. 2.—His Royal Highness the Prince
Regent, accompanied by Count Munster, returned to
the Pavilion from Windsor, about four o'clock this af-
ternoon. The Duke of Dorset arrived at the Palace
about an hour previously. The Marquis of Anglesea,
accompanied by Mr. Singleton, came in about ten mi-
nutes after four. Lord Henry Cholraendeley returned
to the Pavilion this afternoon. The Duke of Leeds,
Lord Lowther, and Mr. Croker, are momentarily ex-
pected at the Palace. The Duke of Clarence, and se-
veral of the Pavilion visitors, were on the Steyne to-
day, during the more favourable intervals ; but the
rain and snow have been predorainant since day-break.
Rumour says that a matrimonial negotiation is also
on the lapis between his Royal Highness the Duke of
Clarence and a Princess of Denmark. We do not know
which of the Ladies. The daughter of the ,present King
is 25 years of age. The two daughters of the King's
Uncle are both older, and are both widows.—. Morning
Paper.
Report states that the Prince of Hesse Romberg,
who is a nephew to the Landgrave of Hesse Darm-
stadt, and is now in the 49th year of his age, is about
to enter into a matrimonial engagement with the Prin-
cess Elisabeth.

Tuesday he Majesty, accompanied by Princess Eli-
zabeth, took an airing in a coach and four in Windsor
Great Park.
The I)uke of Yurk went to Windsor to meet the
Prince Regent, on Sunday, and returned to town
is the evening. . .

Mrs. Davison, in consequence of some misunder-
standing with the Sub-Committee of I)rury-lone, is
no longer a member of that theatre.
It is sit in an article from Hanover, that, accord-
ing to the wish of his Royal Highness the Doke of
Cambridge, two artists, Messrs. Groegar and Alden,-
rath, from Homburgh, have followed him to Cassel,
in order to finish his Royal Highness's picture, and
also to paint his Royal Highness's intended bride Loth
in oil and miniature.

The Earl of Sefton, we are happy to ;:tate, is so
much better, that himself and family arc shortly =-
rectal in tom.

LAW INTELLIGESCE.

FEB. II

COVET OF lUNG'S BENC/I, FRIDAY, FEL G,

Wit. ,osuroxio v. ABRAHAM TiloaNToN, IN AN APPLAL or

MIRDLR.
The argument in the demurrer in this case having
been fixed for to day, and their lordehips having order-
ed that the parties should be present, the appellee was
put to the bar, in the usual custody, at a quarter be-
fore nine o'clock ; the appellor entered the body of the
Court with his counsel. Shortly before ten o'cloel-,
all the avenues became so much crowded that bar.
risters could not get to their seats without great diffi-
eulty, a great number of people were also assembled in
tF.e hall. Mr. Clarke, Mr. Gurney, Mr. Richardson,
and Mr. Chitty, appeared as before, for the uppellor,
and Mr. Reader, Mr. Reynolds, and Mr Tindal, tic
the appJlee. Their Lordships did not arrive until past
ten o'clock. •

Lord lillenbortmgh inquired, (after the case bad been
called on by Mr. I.e Blanc,) whether the parties were
present ; Mr. Clarke re:died, that the appellor was an
the -floor ; and Mr. Reail,:r signified, that his client was
at the bar. Lord Ellelt,orough desired that the uppei.
for should take a seat, he having risen on the entrance
of their Lordships, and Mr. Header reapiested, that the
appellee might be allowed the same indulgence, which
was granted immediately.
Mr. Chitty then rose to commence his argument.

He observed, that this was a demurrer to a replication,
to a counterplea pleaded by the appellor, in answer to a
wager LI battle, of which the appellee had attempted to
avail himself. He then stated the various pleadings
which we have inserted from time to time, and to which
we refer, He contended, that the replication to the
counterplea was insufficient on two grounls : Ist, That
it is not competent to the appellee, in answer to a
countenplea, to state circumstances affording a pre-
sumption of innocence. 2d. That the circumstances, as
stated in the replication, were no answer to the eoun-
terylea. Ia discussing this important and intricate
case, he should confine himself as closely as possible to
questions of law ; but as it bad been intimated on the
other side, that an attempt would be made to show
that the counterplea was insufficient, it would be ne-
cessary for him to inquire into the law and principles
of the writ of appeal, and trial by combat ; and he
should contend, that a person appealed cf a supposed
murder is not entitled to wage battle, when evidence
exists affinsling a presumption of guilt.
The Learned Counsel then entered into a long and
minute citation of all the authorities on the subject of
trial by battle; beginning with the statute of Glocester
(6 Edw. I ) and concluding with Robertson, Reeves,
Henry aad Barrington, from all which he endeavoured
to prove that the trial by battle was in the arbitrament
of the Court, according to the presumptions.
.

He likewise quote-d
Erskine's Prin. of the Scotch
Law, tit. Prvbation, p. 463, and from Cowers Inter-
preter, tit. Suthdure, or South-door of the church. He
was proceeding with a quotation from an anonymous
work, entitled Ana duellu, printed in 1632, when he
was stopped by the Court, as it did not appear to be
the opinion of any historian as to the construction of
the law. Mr. Chitty said, that he offered it only by way
of observation, and us an eloquent invective against the
immorality and impolicy of the trial by battle. In this
view he was allowed to continue and to conclude it.
He next proposed to bring forward from the year Books
and other authorities some decisions applicable to this
particular case : first, in Hiliary Term, 6 Hen. 111.
quoted in Flub. Abr. fit. Couronne, pl 411.
In reference to this last authority, Lord Ellenbe-
rough put it to Mr. Chitty, what part of the counter..
plea he could point out as affording such pregnant evi-
dence of the guilt of the appellee in this case as within
the cases would oust the appellee: of his right of
battle.

Mr. Chitty replied, that he meant only to cite these
cases Gam the Year Books, for the general rule, and
not so much for its particular application. He next
referred to the Year Books, 20 Edw. IV. p 6 ; to Bro.
Abr. tit. Battaille, p. 4 and 5; to Hargr. St. Tr. L, l 1.,
and 11. 233; and :to Young v. Slaughterford: Hagr.
St. Tr. IX., 341 ; and 11 Mod. 217 and 228. This
last case resembled the.present in several eircumstancee,
and, according to the report, Lord Holt, who tried the
prisoner at the assizes, for the murder of June Young,
direct:A an appeal, and in the course at' the preceea-
ing, had called it " a noble prosecution, and a tree
badge of English liberty," referring at the same time,
to the Stat. of Gloucester. After noticing the form of
a counterpiea in Term. P. C. p 32.'he quitted this part.
of his subject, and entered upon an examination of the
counterplea of the appellant in this clue, in order So
show that it disclosed circumstances establisilin, a pre-
sumption of guilt strong enough to warrant the Court
in disallowing the wager of battle. He was describing
the body of Mary Ashford as having been thrown into
the pit of water, when he was interrupted by
Mr. Justice Bayley, who said, that nothing was stat-
ed to prove that she bud been thrown into the pit ; for
aught that appeared she might have thrown herself into
the water.
Mr. Chitty contended, that the circumstances strong..

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lv induced the inference that she was thmwn into the
pit ; .he bleeding body appeared to have I.)eli carrit4
in the arms of some person along the path, anal the
blood had trickled upon some clover by the side of that
p ►th ; the 'dcw had not been brushed away by any thing
but the blood.

Mr. Jultioe Bayley seemed to think, that the allega-
tion respecting tile dew not having been brushed away
was not laid with sufficient particularity.
Mr. Chitty cited I Leach, C. L. 405, in order to
prove, that in a counterplea the same precision and
technicality were not reqnircd as in an in indictment.
lie then detailed other prominent circumstances stated
in the counterplea, mentioning particularly the foot-
=ark near the edge of the pit.
Mr. Justice Bayley.—The impression of the foot at
the side of the pit is not, in the counterplca, said to he
a recent impression : only that it was that of a man's
left foot and not that it at all corresponded with the
left foot of Thornton.

Mr. Chitty obsirvel, that it w:v: assertel in the coon-
terplea that Thornton wore shoes futed to his right
and left foot.

Mr. Justice bbott.—But you do not add that it was
compared, or that front circumstances, comparison was
impossible
Mr. Chitty replied, that the appellant could only
state that which he was in condition to verify ; the
counierplea was accompanied by an affidavit, and if it
contained any thing untrue, the appellant was no doubt
liable to be prosecuted fur perjury. 1-k submitted, that
all the circumstances offered a strong presumption of
guilt, and it was not necessary to state authorities as
to what are causes of suspicion. The coarse declaration
of the appellee, and his subsequent atlmis'ioa, that he
had an illicit intercourse with Mary Ashford, were
strong indications of guilt. If it were urged on the
other side that the authorities in the books in which
trial by battle hal been refused were cases of taking
with the mailer, he answered, that he only put them
as instances, for the general rile was, that whenever
there is outing evidence or presumption of guilt, the
question must be tried by a jury. The Counsel for
the appellant were not bound to make out a case of de-
ministration, but of probability. It now fe-ame his
duty to show, that the replication of the appellee is in-
sufficient: no case could now he found where an ap-
pellee had been allowed to reply fresh fact.; by way of
.cnanter presumption of innocence ; the replication ad-
witted all the presumptions of guilt contained in the
counterpka, insisting, however, that the presumptions
of innocence were the- stronger; and the whole, in fact,
r-ted upon an alibi: by that the appelle was to be dis-
charged from all su"picion. It had, however, been set-
tied, that an alibi, if true, could only be brought for-
warl as a matter of defence : the eaunterplea afforded a
prima facie case of suspicion, tied if co, the truth must
necessarily be tried by a jury.
Lord Ellenflorough.— Do yotseentend that establish-
ing a case of suspicion is sufficient to oust battle ? if
so, you retire front the high ground you took in the
commencement—that the presumption must be so strong
as to preclude all proof of the countrary.
Mr Chitty said that the instances from Bracton
were those where immediate execution followed on the
bare fact; he submitted that strong pregnant suspicion
or presumption of guilt were sufficient. The appellee
had set forth his acquittal; but stat. 3 Hen. VII. c. I.
provided that the rights of the appellant should, not-
withstanding, be preserved entire, for the prosecution
by the King was res into alios ada. There might be
many reasons for the exception of the rights of the
appellant ; the prosecution might be premature, or the
prEoner might be acquitted by connivance; and
in such a ease the appeal was most important.
With regard to this part of the Case, he quoted Castle
v, Bainbridge (2 Str. 853) Rex v. Chetwynde (2 Str.
1204) ; Wilson v. Rennet* (1 Wils: 13.2) ;
N. P. 2.15, Phil. Evid. 260, ii order to show that an
acquittal was not in many cases a proof of innocence.
Admitting, however, for argument that the appellee
was at liberty to reply fresh thets, still be insisted that
those facts did not at all satistitctorily establish alibi ;
in the first place, whcu he mentioned particular times,
it was generally accompanied by the word about.
The Court observed, that the appellant had done die
same ; but Mr Chitty answered that to the appellee,
precision, even as to minutes; was of the utlace4 lin-
portanee for his alibi ; and it was singular, that from
beginning to end there was no positive averment that
he was not there at the time of the murder, and could
not have hcett there ; all was left to inference merely.
The uppelke hail not ventured to averthat the illicit
intercourse took place before Ma.y Ashford went to
Mary Butler's. _ _

- ---;
Mr. Justice Bagley.—He is only to aver what he
ran prove, and how is he to prove that at which only
.t►vo persons are present, one of whom is dead, and the
other himself, not hciing a emnpetent witness? The
appAlee put it as a presumption that the intereouse
must have taken rlaee before Mary Ashford went to
Mrs. Butler s. . .

Mr, Justice Abb:ol.—Your point is, dint the inter-
course took place before she went to Mary Buller's;
awt yet you do nut aver it any more than he does the
contrary.