The National Register.
London, England, 1819-06-21 00:00:00

THE NATIONAL REGISTER.

Gilbert, lately the wile of Jlr. Gilbert, a pa-
rishioner of the same parish.
The learned Judge sand. that as the motion appeared to
he very impost:tilt, it would be better to defer it till the
other learned Judges came nil° Court. The 11101001 WAS
accordingly deferred, and tow aids the close of the day if
was again brought torts aid. The learnt d counsel sands be
gruitoded his application on the affidavit of the husband,
who depo.ed that 1111 wife hail been some lime dead, and
that the corpse still trutaiited above pound. some months
age, application MN* Millie to the Rev. Mr. Clare, Rector
of the pariah, to Miry the body, hut he refused, as it was
deposited in an iron t offiii. '1 his objection being made.
the husband was advised It) take the umnion of two learned
%Ito declared, that there was no legal ground for
refusing to Miry a corpse on account of the materials of
which the coffin was compos 11. 'flue Rector was then
cited into the Common., all.l the case stood for ti i4l ; but
as the Rector died twittee tile heal iii• of the question, the
suit abated. The husband, Mr. Gilbert, then apidierl to
the acting Minister of the parish to inter the corpse, the
aealicy occasioned by the death of the Rector not having
Ii eii filled up. The NI mimes. and Churchwardens reinsert
to tercive the hotly, and bv the order of the latter, it was
de posited in the hone-house. The husband, therefote,
now applied to the 011111, to issue mawltiinut,lo order the
Ministers and Church* dens to limy the body with the
isr eN%10111,11 fell.lllollllt,.

Mr. Justice Bailey—Why do you want to bury the body
in iron:

Mr. thi!iy —llecntisc, my laird, the iron coffin is so
constructed that the body c. t be taken out of it.
bodies hire horn liter rid in these rnlhM•, and the
pill WI would have rrctived the corpse of Nlis. Gdbett, if
her husband had consenied 10 pay the Addition:Al :min
whit le they y sad, lII4t an non coffin is
s of ,t) petodiable ow a coffin 111,104. or Vl.lOll ; hut, than, ao
Iran coffin occupies •h Its.. room, as 130 of the hitter
will lie in Ilt^ saute sosce as 100 cotliela made of wood.

The Lord Chief Justice.--ls their ally instance of a
mandamus to an ecclesiastical per... 01,10 isititice blur to per.
form an rcrlesiortbral act such as to bury r.r baptise
Mr. Chitty.—There is a case, my Lind, in Burs ow's •Re-
pots., vol 3. p. 1241, in which Lord Niel:afield is mode to
say, that a mandamus is a prerogative writ, to the aid-of
which the sitirject is entitled upon a proper ease, prey Musk;
shown to the sal iaraci ion of th.. Court. .11. e ot igusal Halm e
of the writ, and the cud fur which it was framed, dbeet
upon whist occasions it should be issued. It wits intro-
duced, to prevent disorder from a failure of justice anil
di feet of pude!. The, elite, it might to he used mom all
ocea•bois is here the low has rstabii•lied no specific re-
medy, and where gaud government there
ought to be one. Within the la t century, it has beets li-
b,:ratty interposed fur the beet tit of the subject and the
advancement of jostice. This was the opinion of Lord
Alaiisticld, with respect to the wilt of matuktmus. Hut
there was another cam. to which lie lie learned counsel)
begged to Call the attention of the Court ; it was the ease
of John Andrews aeo], t Ttionias Can ?borne (13 1 irOrge
II) reported in 11 ides, p. 4;S. In that Cage Mr. Jvoice
Abney said, that the bon lot of the dead is the clear duty of
every parochial 'Hirst and minister ; and if he orals:et ur
refuse to pettilliii Ille office, he may by the express words
of the Stith raison lie suspended by the ordinary for since
months. And if any temporal iitcsouvestience arise as a
nuisance from the neglect of the ante' Meld of the firsd
cot pse, he is punishable also by the temporal Courts, by
in:heron:lit 011 info, mafiosi, 11. 7, CS. I, It. IL 'lnlet Court
made a rule on Mr. 'roy. lot, vector of Deventry, in Nor-
thamptonshire, to show cons. why an information should
not he filed, because he neglected to bury a poor pa-
rishioner who dis 0 in That !latish. Now, it was obviows,
that a minister might be punished by the temporal Coorts
for um bows ing a body, and as the body in this case was
in a 6140 e of corruption, front tar 'sires refusal 10 bury
, it apt call d to the learned cothiscl that a mandamus
ought to be iMalled.
The Lord Chief Justice saki, he thonglit there was
aniwiter Itibnuat, namely, the Court of the Diocesan,
liefote whisk this mutter ought to be brought. Bolt he
would riot decide the question at present ; and therefore,
he tecontmended that the learned cos ttt s ttt should look fur.
flier iii the hooka, and if he could find any thing to meet
this difficulty, then he would mention the case agate,. It
appeared to hisLordialtip, that different Courts had been
established by the country for di:resent purposes; and
that the jurisdiction (done Court ought not to he contoulml-
ed with that of another.

Mr. Chitty ■aid he would look foi ther into the hooks in
the conrse of the evening, and sueU I lull the case again et
a ramie period.

lIIGII COURT OF JUSTICIARY.

Monday came on the trial of P. Powera, journeyman
milluoight in Alailingtoo, charged with Ilse smolder or
Juhn SatidiletidA, firsurservent to the Earl of Dalhouke.
ilium the 1511 s ut April last, by striking Lim eo the head
withal, sae.

it appeared In evidenee that some young men had been
ainnsing tbemseives by leaping an the high rued, opposite
to Coalsten toll-bar, when they were joined by the prisoner
and hie limier's son, who had been workbag M the eseigh•
butirhood, and after finiabing theirjoh, had regaled them-
s. her with some gills of whisky at different public-lionises.
Tate rt....ceased was standing enjoying the autunesuctit, when
the prisoner said he would jump with any of them for
twopenee ; and having Use his bet, refused to pay ii, when
some trilling alsercntioa took place among the psi tie', and
the deceased said, oil Ms he was 66. be would eitticrjuinp
with him, or light him fur any tiring lie liked. S high
words them ensited between dre prisoner sod the deceased,
the purport of which was not distinctly recollected by any
of tie wienrsers present, but it ended in this—that the
prisoner struck him a blow on the head with an axe, which
hr had on his iiii.tulder, and indicted a severe wound ani
his left temple, out nf which part of the loam prounded.
Aimee the esti iii oo anon of the witnesses, the Coubsel fur
liar 111104Pelli. 4H,I panned addressed the Jury ; and the
lord Justice Clerk basing summed up the evidence, else
Jelly tensed and deliberated tar au bout and three gnat.
ter., whim they returned a written se dirt, finding, by a
pt,,,,lify of soier•, I lie panne! of the crime of
minder libelled ; but unanimously asiJ mist Sly re•
commended has. to mere y.

Tuesday seliniulit two boys ascended a tree at Sterling.
near Lye, to obtain a bird's neat, when one of them fell,
which so terrified iii 4 compinion, that iu his haste to de-
scend lie fell upon the body of the former, and bruised
him re much 45 to occasion his death.

JUNE 21.

WEST141)181rUll MBITIIIIO.-A meeting on Tires,lay
was convened t 'Willis', Rooms, the object of which
was to rase a sun' of money by sobscr• 'Mon, for the
purpose of buiLing a new and more eillirged hospital
ill Westminster than the one now established. At 4
riclock the president of the institution, the Duke of
Northumberland, took die chair, and was accompanied
by Lord Grosvenor. A long and Interesting report was
read by Mr. Anthony Carlisle to the meeting, from
which it appeared that this mast useful charity was
founded so long ago as 1716, and possessed the merit of
having been the parent of all other subscription hospitals
fire administering to the deceased poor, and for intprov.
ing the practical knowledge of physicians and surgeons.
This great work of christian benevolence had applied its
resources to more than 176,000 afflicted fellow-creatures,
had materially prevented the spreading of infectious dis-
orders, and had supplied all the wants of its objects
with unceasing care. With respect to the various con-
tributions wnich had been made to this valuable estab-
lishment, the report stated that since 1776 a sum of
above 300UI. had been raised by charitable contributions
at churches, and a sum of 88001. by other means. Sir
F. Burden, when first elected representative in parlia-
ment fru ‘Vestminster. made a donation of ima The
permanent funds and resources of the hospital had now
assumed a state which promised a long continuance of
its services. At the period of founding this institution.
however, experience had nn suggested thy several requi-
sites for the structure of such buildings, and therefore
the present erlifi.:.e laboured under the disadvantage of
ill-adopted accommodations. A subset ipt ion was en-
tered into for rebuilding this hospital, which, according
to the statement of the Duke of North berland,
would cost 12,000/. ; but if a grant of land were made,
it would cause a deduction of 6,0001. The 'Ascriptions
already received were announced, and among the names
were those of the Duke of Northumberland for .500/.,
and Lord Grosvenor for 1001.

INDIAN COURTSHIP, Or WOOING am an
American Paper.)
. .

•• An .aged Coduan, now an inhabitant of Penns,.lvaMa,
lately observed that the Indians had not only a much easo r
any ofgetting a wife than the Whiles, hut tet re also more
certain of getting a good one.—' For,' said he, to h., took. n
English. • while man court—he court—may be one a hole
year!—may be two y e.rs, before lie oral ry ! "Sell—may be
then got yea y g",,,,1 a ife—may be not I Nlay be Pery ~!
Well! now auppos,. crop! Scald so soon as get awnhr in
the morning I—neold all day !—Scold ant ii sleep ! one—.
he must keep hiva•.-1l hilt people have Low foorioillolotoc
thorny/wog away wife, be h- ever so er •s te4 keep nun
always !—SS •how dews Median do: I11(11411 —w 1.1.11 he
see industrious Spate, which he like—he go to firm— pl,.ce
his tan fore lingers close aside tach al lieu , is I' 14% la
look like one —then look Squaw in the face so e i.i .1 .oloote
—which is all 11110 he say t es'..--so he 'Ake hioo4 hoome--1 o
danger he he crow ! No—no—Squaw know too a ,•II a lilt
Indian do. if he cross ! Throw him away and tal., ettoott co
—Squaw love to eat meal ! —No husband—no
do every thing to pietist. blob:Intl •- gel ham a pa, Calitritti-
he do every thing to please 'squaw —live happy.'"
• The pronouns io the Indian language. have no 1:111/11.1ke
gender.

By letters from Trinidad to the 13th of May, we
learn, that the expedition under the command of
General Urdancta sailed from Ma,garetta in the
beginning of that month. The whole force consist-
ed of 3000 men, including the Spaniards under Ur-
daneta,Col. English's regiment, and Cu!. Gilmore's
brigade of artillery : the two latter were almost en-
tirely composed of Englishmen. Their destination
was understood to be the city of Caraccas, which it
was believed, was incapable of making any effectual
resistance.

Monday sennight, whilst a number of people were in
an soh-stairs room at Aikum Hall (late the residence of
the Rev. Mr. Rielcerby, dec.) attending a sale of furni-
ture, &e. the joists gave way, whets the flooring, along
with all those in the room, were precipitated to the
ground floor with a tremendous crash. Providentially
no lives were lost.

On Thursday sentaight, during a storm of 'builder
and lightninq, the eecirte fluid penetrated throuo the
roof* of a home at Keyforil, Rustic, perforated the floor
and ceiling ii;tq the second roti.o, where it melted the
bell-wires and shivered the paper and p+n of the furni-
tare ; it thorcontiniteel its c.itirse to the principal stair-
case, where i divided with the bell-wire 4. to the rooms
right and left ; in nor of the latter was the lady of the
house, who was within its reach, and was 'affected with
strong convulsions fur some time, similar to a paralytic
seizure, but happily she soon recovered.
A distressing accident occurred lately at the rend, zuous
of Capt. Pelham. near Pt:Waugh barracks (America).
A *olden' had been out contrary to orders ; in returning,
he attempted to pass the sentinel on guard ; the sentinel
ordered him to stand, but he refused, with opprobrious
language, and the sentinel fired : he missed the man,
and the ball passed through the boards of an adjoining
wooden building, where another soldier was lying in bed
with his wife. The ball glanced along a camp kettle,
and finally lodged in the unfortnnate man, who was
lying in the front of the bed. It entered his back, and
passed through his body, raising the skin on his breast,
opposite where the bail entered. The man expired
about three hours alley the accident.

A singular rescript of the Grank Duke of Darm-
stadt is said to have excited a lively sensation
throughout Germany. He finds the lawyers in his
territory too stiffnecked and refractory, and to re.
dm* them to better cider, declares that they shall
for a specific time be incorporated with the regiments
of his army, under the Kline duty and discipline,
until they become sufficiently obedient. The gen-
tlemen of the long robe ant loud and vehement in
their remonstrances, and the echo of their complaints
ringi through Germany.

JUNE 21.