The British Press; or, Morning Literary Advertiser.
London, England, 1818-02-24 00:00:00

to grant it. Mr. Dixon, therefore, retorted Its tine
smite nionnen As this was a common vac-
tine in the Court, it was supposed the parties
would immediately have forgotten it. But it ap-
peared 'that Judge Thorpe and his party thought
otherwise, as they shortly after spent the evening at
a tavern, where they iticited Weeks to send • chill-
let eto Mr. Dixon."' Thus far the libel affected the
Vic character of Dr. Thorpe. It next attacked
bra private character. "At length," it said. Is the
Judge ass retailed. to the great joy of every well-
disposed person in the Colony. He, however, took
care to provide meads fur leaving the country, har-
ing contracted debts to an toot mow amount, many
of them iu a most fraudulent gummier." The
Learned Counsel observed, that nut one sylla-
ble contained its this statement was true. hoc-
tor Thorpe had conducted himself, while in
office. in the most exemplary manner. Bit had
been in his power he would have brought an action
against the Defetidant for damages. But, as that
action must be brought +Athena certain period, and
that period had expired. before he was aware of the
Vibe!, he was compelled to proceed by way of in-
dictment. If. however, the Defendant would waive
the objection he might legally take to an action for
damages, liiirclieut would immediately bring one,
and give the Defendilnt en opisertunity of putting
a justification on the record,' if be bad one. I'lse
• . Learned Cowart then'alled—
fllr. Serjeant.Frith, who stated. that bff was At.
• . tortsay-General oillyper Canada from Maich. 180.
181liseche 1811. Dori lime Dr. Thorpe
was niit 4 Judge of theistadtref Sangts Bench in
that Province. He, pod left the PIOVIOCII before
that time. Darius the *hole of that period, Fran.
cis Gore, the Defendant *as Lieutenant-Governor.
Me had, on many occasion, heard the Defeudant
speak of Dr. Thorpe.
Mr. Serjeant Copies', for the Defendant, ob-
jected, that «hot the witness had heard General
Gore say of Dr. Thorpe could not be received in
evidence. Matters communicated by the Governor
of a Province to the Attorney-General respecting
the conduct of individuals iu that Province. must
be considered as confidential, and could not be

beard by the Court.
Mr, Justice Assure-44 If stated at table, and
in the presence of other persons; they cannot be so
isidered."
Witisessda I have heard Governor Gore speak
in the presence of other persons of Dr. Thorpe.
1 have heard him in public companies—every where.
Ifle has mentioned him to me at table."
• *Mr. Seejeant CorLay submitted that there was
an indictment against the Defendant for • particular
libel—and, that beisig the case, instead of asking
the witness what Defendant said at different times,
they ought to proceed to prove the publication of
the libel."
Mr. Justice Atmore ....if You haves right. if you
please, to make them prove the everts &heti first—
but the course which the other side were taking
was by no means unusual."
Witness proceeded-64 Defendant produced, in the
latter end of 1809, a publication, purporting to be
a letter addreued to Lord Cestlereagh. It was at
the Governor's house. Other persons were present.
I called on business—but cannot recollect what.
1 was on terms of personal intimacy with the Go.
%envoy. It was not an official communication made
to me as Attorney-General. The pamphlet was
taken out of a box, and was delivered to me by the
Liesteninst.Govertior. There were several other
copies of the pamphlet in the box. I do net re-
collect what the Governor said at the time. I bave
the pamphlet now.--Lliere witness produced • copy
of the libel.)—l heard General Gore read some.
thin g from a manuscript."
Mr. Serjeaut CoeLLY-44 That cannot be given
in evidence. If any thing were read from a manu-
script, notice ought to he given to produce it."
Mr. SCARLETT—', We have a right to know
what the witness recollects of it."
Mr. Justice Aeitorr—" It is inertly a question
as to what the other party said. having a paper be-
fore hint, and the Learned Counsel has a right to
ask it."
Mr. Serjesnt COPLIT" I have a right first
to ask, under what circumstances the witness
beard it."
Mr. Justice Assure Serjeant Frith, under-
stand, once fur all. that any communication made
to you, by residing, writing, or in any other way,
in your character of Atturuey-General, is not to be
given in evidence."
Witness proceeded-" Perhaps,. if I had not
Lieu Attorney-Generul. the Defendant would not
have made the cut 1111 l unication ; but it certainly
was not made with • view to any prosecution."
Mr. Justice ABBOTT Then you do not think
the communication would have been made if ynu
bad not held the office of Attorney-General ?"
Witness-44 I do not think it *add, unless I
held that or some other qficial situation. In con-
sequence of my situation, he, of course, put confi-
dence in me, which he otherwise would not have
done. But certainly the communication was not
made in order that I should proceed iu it."

Mr. Serjeant Coputv argued. that where a gen-
tleman held the office of Attorney-General every
communication made to him, by the Governor.
respecting public individuals, was an official com-
munication (although no prosecution might be in-
tendetl)—and ought not to be disclosed.
Mr. Justice Dr. Thorpe was not in
Upper Canada when the communication was made.
It is a matter of great delicacy. Let us see whether
the communication had any thing to do with, the
witness in his official calamity."
tVitaess—ii Defendant read the communication
from a MS. in his own room; there was no person
present ; I do do not recollect on what occasion I
went there. I was not called to give my advice on
the psper as Attorney-General. It was not staled
so me as a document on which I wee to institute
any proceeding. 1 hope your Lordship will feel
that 1 consider every thing communicated to me
by the Governor. with repect to the affairs of the
Province. as confidential. It is a delicate mailer,
and I trust the Counsel on both sides will have some
regard to my feelings."

Mr. ScsaLETT entered perfectly into the feelings
of the witness —but felt himself bound to argil...,
that the coaimunicatima was not an official way.

The fret was, that, as Attorney-General. the
%Nimes% Itln thrown unto the society of the (;o►ernor
much oftener than he otherwise would hove been—

end, in consequeace of this cilium:lance, m:itters
came to his Ir ' which. thougeimportonl,
It •

were net ofikielly communicated. would Le
meet If every cominussicatiou made by a
I. an literuey-Gruerul went to be consis
dered
Mr. Justice Minors—go Was this iisformation
given to yes for your instruction-41r wav it the
communicati-ie Uwe gentleman to another ?"
Witness. ..0 I caunot say. It was iu confident-P.
Not strictly speaking official—but it was in conti -
deuce. 1 *el much delicacy on this "object, but
will proceed by your Lordship's direction."
Mr. Justice Ansorr-•" The private communi-
cations of friends. however confidential, are not to
he privileged, when .public justice is to be admi-
nistered. Let ns know whether it was a co:diden-
list or au OfINCUSI Conituutaication. The rule of law
is easy," •
Witness-" If I had not gone out as Attorney-
General, or in some other official situation, the Go-
vernor would not have made the communication.
The statements were collaterally conliected with the
Government, as they related to a judge who hail
been so recently removed. Thorpe and Wyatt had
at this time left the Colony. Wilcox remained et
the time the communication was inside. I wish
your Lordship to draw the distinction. whether what
was communicated was the offspring of a private
confidence, or of a public one."
Mr. Justice AnnoTT.44 Were the commiissica-
lions connected with matters of a public nature?"
Witness—" They were. The state of the Colony
would be affected one way or other by them. I had
been about two'years in the Colony at the time. Dr.
Thorpe left it about a month before I arrived. The
MS. did dot relate to any measure the Governor in-
tended to take-.but it did relate to measures lie
had taken as Governor of the Colony—namely. the
removal of Dr. Thorpe."
Mr. Serjenut COPLEY and Mr. D'Ovr.eve argued
that from the whole tenor of Serjeent Frit Is's evidence,
it was clear the commuuicetion war made to him as

Attorney-General.
The COURT ultimately ruled, that the communi-
cation was confidential, not official, and the libel,
as stated by Mr. Scarlett, was put in and read.
Dr. Thorpe was then examined.—Wititess was
one of the Judges of the King's Bench in Upper
Canada, about August 1805. 5.141 left that Province
in the hitter end of October, 1807. The Defend-
ant was Lieutenant-Governor during the greater
past of the time. Witness had seen the libellous
pamphlet, for the first time, after Mr. ‘Vyatt's ac-
tion against Defendant, in the Court of Common
Pleas. That *as in July, 1816. After witness left
Canada he was appointed Chief Justice and Judge-
Advocate of Sierra Leone. His situation in Ca-
nada Ives worth 7501. a year. That in Sierra Leone
1,500 L a year. Witness believed he was the per-
son mentioned in the pamphlet.
Crose-exasdieed.-.Witness did not recollect that
he had seen the pamphlet before Mr. Wyatt's, act.
was tried. He did not before the trial know the
whole of its contents. Did not ask what was in the
pamphlet that related to himself—for lie had no
curiosity about it. Mr. Wyatt said the pamphlet
attacked witness as it did him—and he observed he
cared nothing shout it. Witness did not kno* the
particular charges against hits—but he was astonish-
ed wisest he heard them.
Lord Vise. Castlereagh ezembsed by Mr. SCARLET?.
His Lordship had recollection of having re-
ceived a copy of the pamphlet in question while
Defendant was in Canada. Neither was he aware
that he had any such pamphlet now in his pennies-
sion. His Lordship could slot recollect whether he
was in office, in 1810—but the Learned Counsel
could ascertain the fact by examining the Red Book
for that year.

The Marqois of Camden rxmomined by
Mr. ItictimaDsorr.

Hia Lordship did not recollect having received
from the Defendant any copy of a pamphlet ad-
dressed to Lord Castlereagh. De was not aware
that he had ever before seen the pamphlet.
The case for the prmecution was here closed.
Mr. Serjessit COPLEY for the Defendant, con-
tended, in a very eloquent speech, that the com-
munication of the libel to the Attorney-General,
which constituted the publication, was, in fact, an
official transaction, and was not made with any
view to private malice. If the Jury felt that this
were the clise—if they believed that the pamphlet
had only been made use of for the purpose of
giving the Attorney-General an insight into the
state of parties in the Colony, and not with a view
to defame the character of Dr. Thorpe—they
would acquit the Defendant.
Mr. Justice ABBOTT charged the Jury—who.
after • minute+ consideration, returned a verdict
of Cisally.

MELANCHOLY DIZATH.--On Thursday, last a
poor man, of the name of R. THORNTON. literally
died for want, at Dam-side, near this city ! It appears
that he was a cotton-spinner by trade, and formerly
worked at the New Mill, iu Carlisle; but has been
out of employ ever since that place stopped. (le
had then applied to the parish-officers, who granted
him • pass, with which he has traversed through
Lancashire and part of Yorkshire, in search of work ;
but being disappointed iii thio, he again returned
to Carlisle, about a fortnight ago; during which
time he has lived in the greatest misery, subsisting
entitely upon the charity of his poor neighbours, and
frequently lying exposed to the inclemencies ef the
night. On Wednesday evening he was found in the
street in a dying state, by some humane persona,
who kindly procured him ; but nature was
too far exfoliated, and he expired ou the following
day.—(Car/isle ./crirmod.)
We are authorised to state, that since the Medi-
cal Board has been established sit Charlotte House,
Groat Cliselolio-sleect, opposite the Rev. Rowland Hill's

Owed, anti Woodatuatitieet, staining New ffituidstrect,
upwards of Thirty Thoosawi Plaits's of both sexes bare
beets resikwed to perfect health, many of whom hail lingerml
far years ruder the must painful 31111 obstinate diseases, were
prononweeti incurable by respectable practitioners, and se.
meal discharged front Hospitals. Suds is the effects result.
ing from combiner! 'okras "—Messrs. Cotton' anti ('a. of
Medical mad lorgical celebrity, afire forty years experienee
iii this metropolis, are consulted airily at both Woo-64mM
nine at night. anti the poor Wm: udtue, gratin, on Tuesday,
'll'litirolay, and Sunday morniori, tomtit twirler .irlurk.—
Patieutc
at I distance, itenerilmix their ease, immediately et.
tended to. All letter: to lic Jiirctc4l a. t”ierlotte. House,
BlarktrMs,4inul, (Mt nose tea Alit% el.! V. au lint CUa-
trill a rum.uitieg fee.

4

Oth BAILEY, MONDAY, Fes. 23.
.0.

Matthias Maher, alias Percy Grace, alias JsusM
Marra, was indicted for forging a certain (leis',
pgrporting to be a power of attorney, to John Kent..
Dili and John Pratt Kennel!, with intent to 41111...
fraud them. Ile was ilso detained on three several'.
iudictenents for forging powers of attorney, aids
intent to defraud other persons.
• 'Phis Prisoner was put to the bar, to be arraigued
on these indictments, aims
Mr. ALLEY rode as his Counsel, and 'sail the
Prisoner was of iossasse mind, and could not plead.
The Court knew there were a variety or cases iu
which n Prisoner so situate was MIA Cilll,ll CM to
plead, it bring evident that his stow rerultred him
unconscious or surrounding matters. If necessary,
Ise was ',rewired to prove by a 'somber of witnesses,
the insane state of the Prisoner's mind.
Mr. Baron GRAHAM observed, that the Prisoner
seemed composed. The Court must be satisfied of
his insanity before they admitted the objection of
the Learned Counsel.
At this groment the Prisoner, who was a genteel
looking twins 12 years of age, made a sudden jump,
and was very near gelling over the front or the duck.
He called out to the Attorney for the Prosecution,
41
JOlleft, you --," soul appeared quite in
a state of raving madness. Two men were then
obliged to hold ruin, and us it appeared that several •
persons about tile prison were ready to depose to
his thd Counsel for the Prosecution al-
lowed the trial to stand over.
Edward Memel' was indicted for committing a
rape on the body of Sussmisali Tubb, the wife of
John Tubb, on the 17th of January, in Betlinair;
green.
The Prosecutrix detailed the facts of the charge,
and swore positively sigaiust the Ps isomer.
The Prisoner, in his defence, declared that the
Prosecutrix consented.
Two witchmen proved that if any noise or scream-
ing hall been heard nt the tints. and spot described
by time Prosecutrix, they must h ye heard it.
Verdict—A'ot Guilty.
George Matthews was indicted for stealing, an
the 10th of January, in the dwelling-house of E.
O'Hara, three 10/. notes, sand other property.
Colonel 11'm. Whaley stated, that he generally
resided in Ireland, hut when in turn lodged at
Mrs. O'Hara's, at Chelsea. He hired the Prisoner'
as a servant to brush Isis clothes, and he of course had
access to his bed-chamber its the morning to take
them out. • He missed foor 10/. Bank of Ireland
notes winch had Isis 'same endorsed in them. Sus•
peeing the Primmer, he got a search-warrant and
accompanied the constable to his lodging, *here
they found concealed an antique ring which the
Prosecutor had for thirry years, u brooch, and three
of the 101. notes.
Crou-exartiined.---The notes were not taken from
his coat-pocket, but from a shaving case.
The constable corroborated this evidence, and
produced the Bank notes, which were identified by
Colonel Whaley as being his property. They had
his endorsement, Win. Whaley, Prince of Wake.,
Hotel, Sackeilleotreet, Dublin," his oddresi when
in Dublin.
The Prisoner denied the charge. Verdict--
Goihy.

EXECUTION
OF AVANS, THE MURDERER.

The execution of the unfortunate wretch, David
Evans, who we" tried and convicted on Friday, for
the murder of Elizabeth Evans, wife, by arik-
ing her several severe blows on he back part of her
head with a poker, being appointed for last morn-
ing, a great number of persons congregated iu the
Old Bailey at an early hour.
The unhappy delinquent has, since the commis-
Ginn of the fatal deed, manifested the greatest con-
trition, and has often expressed his anxiety for the
arrival of that hour which should terminate his
tionsitory career. The compunctions of conscience
have operated most powerfully upon him since his
condemnation, and he has devoted his mind to that
spiritual application which is the only source from
which consolation can be anticipated under such
trying and awful circumstances. During the night
lie enjoyed an Uninterrupted sleep, but as the hour
of his ignominious dissolution approached he be-
trayed an agitation likely to be produced in a person
who was about to be sent. with " all his imperfec-
tions on his head," to that " bourn from whence
no traveller returns."

..---.._.
Mr. Sheriff Alderson, attended by Messrs. Smith
and Holland, Under-Sheriffs, arrived at the Ses-
sions House at a quarter before eight o'clock, and
proceeded to the cell, No. 13, to which the unfor-
tunate delinquent had beau brought on Sunday
night. The Rev: Mr. Cotton, who, at an early
hour, had attended him iii order to prepare his
mind for that end to which the violated laws of Ins
country had doomed him, ushered him to the Press-
yard, a few minutes before eight o'clock, where his
irons were knocked off, iud the necessity arrange-
ments beissossomp)eted, be was conveyed to the
scaffold through thie gloomy passages of the prison,
preceded by the Reverend Divine, who was unre-
mitting in pouring that religious consolation into
his perturbed mind which the exigency of his case
required. The wretched man had a long and very
afflicting interview with his only arm, a boy about
fifteen years of age, on Sunday. Whilst upon the
scaffold he prayed with great devotion, continually
reiterating the following expression Lord have
mercy upon my pour unhappy soul."
The executioner baying performed his dreadful
office (and we are lumpy to observe with more
humanity than on the lute occasion), Mr. Cotton
gave the fatal signal, and the unhappy culprit
coupled with that scriptural ordinance which say.—
" Whom so shrildeth 01411111 1)10041, by man shall
his blood be shed." At nine o'clock his body was
cut &mu, and delivered over to the Surgeons of
St. Barthotennew's Hospital fur dissection.

A boat belonging to his MAJESTY'S ship 'tor&
fort , it' Portamouih harbour. was upset on Sour•
day. and two officers belonging to her were inillartit-
isairlv drowiird. Their names are FILANEILLIoN
Nita LONG:MORE. _ _ .

LOKI) AND LADY Rams has it length
been determined iu the Comistory Court by Sir W.
ScOTT. that her Ladyship »hill have 11.000/. per
annum, iu addition to her 4001. pin-money.

. "Jr 0.
•
, • •
t!"*. k

4 •4.‘
• '*. •
• 4 0 PP%
. _

', • 6:

•
•
•' • -
.-4,1,0 A E 1.4 .v ,Rittre • •

?id*, (stemma PAILTICVLISS.) •
"t
We hove. ..111114;1100 trsteeisrd, wrri 0000 a•archletit, which
haptseivril ti he'ielpry aieh, rr i Chewier lu 3laitchesier,
ow Friday, itlfal six shires fgtri Cbrater, wnrFuur f Tar-
Who ham meth! • waggoss wormiest uver a small bridge,
whilA the ranch was ;suing will* tour Shen 11+1111 speed,
laid though-there war certainly ellificietit room to piss. it
Win driven -with such violence ggraiiist the leittlemeols.
salt ilk truss Ism. au* isuleswe lost tcd f the CAlriaux
with which ilie friLlppied 66ff ; at the same moment
the two% wen* sirer. 11 • tme.t seesaw mho's crush
There were ale Wilkie eilOtelleNt And 4.,64161 isc mile outside;
owatly?ntruf whom ref-Art.4 smile Mines ; lite eom 111041,
hiul his thigh imoketitakiiil much bruised ; Al*. C. Taylor,
tel Car4lettreet, iu flirter, his leg brukru iss two places,
three female yassesugtraiuul .14.zs or armor tnictureil,
toll
tubers were ilatigetylbsly: urt. The c•ercimun, Peter
Worker, ititsl 4011 .I.l4l.4ly*.treoing ; the two (ensile pia.
.esigertrwre is a sexy iitegiriotss stale; but we me happy
Its Pay AySit ,\lr. C ;I's Fur is iu a Lair way of recov,r).—
(Sluffordskire
rr
JHAICK

-COON EXCHANGE, MONCMY, FENRUARY 21. .
We hail bait few arrivals this: on I 60111 r.-5,•% and
Wheat, conovaettily Elite samples sal.! ou the
simotes ens as this 41 week, but there was .caressly any
ilenriAttil fur ordinary; awl iu ronsequeisee of Ike hurts twinz
opeit fir Wheat, Burley, awl Oats, the bade io General is
Fine Muhl null Oils support their isrox. lu Peas
sod Beans thehi is nu alteration.

SNEtil,klbl.l) mAnkEr, rEu..:AiLy
'l'Vta Jib..market h.• 11 a pretty cowl supply ui pi Illle
Invis,••ll4l, eke sh..w of cattle its et-stern! was soitblinez.
/YAK %Ireton, uuJ Purk, were dearer ; Veal die., ;
the tratlif fur the most pill WRA tolerably brisk. The sale(
jiti-die Hay Market •Pre
miire dropped in price; thy fetched lu.t price. Si hjoiorli
it an accurate statement of the prices anti hers :
To sink the offal per stone ut Slb
Reef....3s: 4.1. to !is. 4.1. ilea.' of Cattle tins .lav I
Mllllllll As. 0.1 to Cir. 4.1 Iteasts 1 9...10
Lamb 0.1. All OA. Oti. Sheep
.4*. 4.1. to Rs. 41 Calves lOrt
P0rk....35. •.I. to 6s. pI. Pigs

HAY—MARKET
Hay... .... 3t. n. N. to 5/. 04. 1,1.
- _ _

11. 126. 0.1. to 2L 106.
clover 4l. Ur. oil. w GI. 106. MI.

NEWCATF. AND LEA DENHALL MARKETS.
(By the Carcass.)
Beef 31 0.1 to 41 4J Yeal 4l 4a tpt (14 84
I Muttoo.. 4. Od to 4,10 a Purk 5s 44 to Ss 4.1

em. PRICES OF HAY AND STRAW.
IT. JAINIZIes.
114 31 3. oil to 5110. 111.1 Hay ..41 10., OJ in 51 11. Od
Straw 21 6. 6.1 to 2/ 14. 0.1 Straw 2/ 840,110 If 14. Oil
Clover 41 Os Od to St 15. 0.1 Clover 61 Oa Oil to 71 0, 0.1

PRICE 0
NM SAO*.
K#st....lil Os to ?SI Ins
gl 1 b tie z.. 2tl Os to 261 Os

HOPS.

NRW POCK /TO

Kest— . Os to 2RI to
&molt .. 241 15s to 97/ los
FAsex.. 2.5/ Os to 271 os
renames 281 Os to 341 Or

SOAP, Ste. per 1121 b
Yellow Soap loos
Mottled II".
CNrd ll4.
I Pali► title
Graves IS, ►'a
Gaut/ Dregs lO. Pa