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r-ins an affidavit, as to what Nag there are sr
vitPable for the paymunt of this money."
Further consideration eastparseil.
INJUNCTION.
DOODADS' v. LOWE AND Oran.
Mg:AVETIIERELL arateit, that he had an applies-
tiun.to make to Ma Lordship, for an injuitetitm
so,ll4traitt a ship from .tiling from the London
had 'Jost made a similar application to
the Vlcesehaticellur, hut its lionour had thought
prim to rause it. The circumstances were, that
Lturrlamtlft hail !sold to the Pefenthnita a quantity
0i..44ne1d sugar. to a iarg.e amount fur exportation.
and rye ,tbe 29.1) t,f Nov.inber last, the Plaintiff
sent Ore sugar to the London Docks to be shipped
in his mow. and it olis..iiccordingly sliipped, and
rceitred a receipt from the Mate of
-the :Newel,
.stating that. it was shipped fur the
Since the 'sentiment was ins& the De.
*indents bed become moolvotit, and the Plaintiff
'anted to.recoyer fist linger. vu 11w gnu)))) that the
!kirlivers 4rn.-111f,Derrodautti was not complete,
as the Isilmbase mosey was nut staid. Ella Ilsrtonr
•
,:ussVscr•Chaiirellar, however, held that OW del..
yety res,cornp4te, and refused to grout the in.

ismcti‘re.. .
tiviravi fallasied en the mime .114.1
ipkoted the cure of Craven sr. Ryder, which wee
i=ied at Nisi Prises in the Court of Common Pled
wirer, the circumstances were precisely similar to
cast; and thcre. the Chief. Justice, Sir V.
Gibbs, held that the clelieery was pot complete mi-
tt, the purchase niiitivy was paid.
The LOYD CHANCRI.I.OI.—":.Did you quote

s`uit case to the Vier-Chancellor?"
Mr. STCPIIEN said hr had nut, us his flooour
L'e'd pot allow him time to do so.
The Losto CuAsc IJ.UR Co hack to the
^t-Chancellor mud reLol that case to him, and
him toy respectful compliments, that l think
it (sears 011 the present c t.e."
Whited back to the Vice. Chancellor.

ICE-CHANCELLOR'S COURT, liscoties
FRIDAT, LtscriallZlClS.

EARL OP BELFAST r. CUICUESTER AND
OTHERS.
BLAIII4 Couusrl for the Defendant, Mr.
Ctuuchester. moved, that the Commission for the
examination of witnesses in this case might be
' s•ayed, or that the Defendant might be allowed
to join in the Commissioui without prejudice to a dr.
-.ziurrer which he had put into the Plaintiff's bill.
The Learned Counsel stated, that the bull was fi:rd
by the Pleiotuff claiming to be heir apparent of the
dignities of his father. the Marquis of Donegal,
fur the purpose of perpetuating the testimony of
e messes to facts alleged to support of the validity
ad the marriage of the Noble Marquis and Mar.
chioneso of Donegal, the parents of the Noble
Plaintiff.
Mr. BELL, Counsel for the Noble Plaintiff. op-
posed the motion. fie 'toted thuit the bill was filed
in July last, mid the Defendants ought to have
tome sooner before the Cou►t with the applicatioa,
fur by delay the Plaintiff might lose the testimony
of his witnesses, who were persons of very advanced
eqe..
Mr. BLAIS, in reply, said, he had put in the de..
mutter the very day he hail received the WI. It
was neither the wish nor the interest of his client to
create delay, but the contrary ; and to prove it, he
w4ll reedy to argue the demurrer forthwith. It was
fanntled ou a distinct dictum of the Lord Chan-
g idiot's iii the Berkeley case, that the Pluintilf had
r.) interest in him capable of sustaining the 1011.
The VICE-CHANCELLOR—u The question on the
drummer is one of great importance; let it be put
at the head of the paper. and the Defendant is in
elf mean time to be at liberty to join in the corn•
zp.,lsitot without prejudite."—Munon granted.

COURT OF XING•S BENCH, W►rnmistra,
FRIDAY, DACCIIRRR IS.

B•futt the LORD CHIFV JVITICE.

HOLLIS O. ATKINSON.

This was an action for defamatory words. . The
Piaiotiff is a tailor and oilman. the Defendant is
carpenter: both the parties reside at Vl'alworth.
The words charged to be spoken by the Defendant
were, " Holls will soon bre■k up, and his name
sr.; be seen in the paper."—The words were proved.
Verdict for the Plaintiff—damages 201.
Pinion N. NNYEAD.
Tt:is was an action brought by the Plaintiff. who
resides at Old Ford, in the county of Middlesex.
against the Defesident. for damage sustained by the
former from the kick of a mare kept by the De-
fendant. which was vicious. and accustomed to
kick. The with to the Plaintiff's cottage Inv
ilontigh a field in which the mare was grazing, and
es let returned home one dark night he received a
•rotent kick on the chest, which deprived him of
*peach for some ttttt lutes. and inflicted a severe con-
tusion. The mare had been once impounded, and
on that occasion she attempted to kick and bile the
penrons who endeavoured 'to dire her into the
nano od.
The evidence fur the Plaintiff beiog closed. prov-
inr the fecal above stated,
The Loan CMILF JUSTICE was of opinion that
the vicious habit of kicking had not been proved :
it A** not froos a single nistance that the ultimol
could be characterised as iicious.
Plaintiff nunsuited.
isoaatsu V. PFNIL ♦ND COMPANY.
This was an action for good, sold and delivered.
The Plaintiff is a builder, and the Defendants are
em.siderableinaunougers. The Plaiutiffliad bought
. .

some of the houses which were to be pulled down,
in order to form the IleW street, and having some of
the old tutu work to sell. he applied to the Defend-
sots to know if they would buy it ; and a Luau, of
the name of liesamore. who laid before dealt with
she Plaintiff. as agent for the Defendants, came
looked at the iron. aid agreed to give e•. per
cwt. for it. 'De aim tuoruing the Defei.datits'
carts came and fetched the trim away. The bill of
parcels for it was made out, automating to 334 lis.
in she name of the Defeadauti.

The defeoce ui rum& to this cue ass, that •
Bessuaore was Rot the vet or servant of tht
fentiants, but wesely heitieeliogs with them, sell-
ing to thew iron, wheu he occasionally bought a
larger lot than he required. and was in the habit
of borrowing their carts to briog it borne, which

l'they proved was the case on the present occasion,
it being admitted %hat they had purchased from
him s good part of the iron he had purchased front
the Plaintiff, and paid him for it. B•tansore had
since '•eome insolvent, and taken the benefit of
the Act.
There wo. some conflicting testimony.
The LORD CHIEF JUITICII said, the question
here wa., not whether Beasmore was the agent •f
the Defendants in the transaction, but whether
from any thing which had passed the Plaintiff was
by them led to believe that he acted in that cha.
racier.
The Jury consulted for a moment, and found a
verdict tnr the Plaintiff; damages 331. Hr.

OLD BA] LhY, THURSDAY, Dammam Is.

Henry Mee, John ,Marlin, . end Joke Ill'lnans, three
boy., were indicted for robbing Mr. Wm. Pace of a watch
and seals, and about 21. in money.
It appeared in evidence that the Prosecutor, who is a re-
spectable Su.geoo, had been passing the evening of the kth
of September at a friend's house where be got inteitinited,
and tell down in fetes-Meg home, when the Prisoners, is
company with another boy, named Clarke, robbed hint
.4 the property stated in the isdiciment. The prin-
cipal %vitiates against the Prisoners wask the boy, name/
(13 ke, who detailed she circumstances of the robbery.
Plot of the property was seared to Rem, sod the Priaosera
were subsequently apprehended.
There.war eVilieflet against William aid Martin, me-
c. pt ttat of ClArke, and the Common Scrkant observed, his
evidence could not be believed.
Screed witnesses gave Ross a gond character, and the
.Is. y, atter .use hour's deliberation, p erd Ross Guilty,
Lot recommended him to mercy. The two other Prisoners
were segos tit d.
STREET ROBBERY.

rrrtlerich Dario was charged with highway robbery, in
talung from the pervon of W. Edward Homo a watch,
chain, and 'eats.
It appeared in evidence that the Prootestor. an elderly
gcntlentati, was paStioX down Oxford-street, when the Pri-
4wo r C.4noo•op to him and asked the Simla} sad isa she Pro-
Fe( Iltll. t,klnc out Isis watch, the Prisoner snitched it and
rids off ; he sra+ porsoral and sons after taken tato custody.
The Jury found him Gaily.

HIGH COURT (IF JUSTICIARY.

PININBURGH,DSCRIIIINES it.

Yesterday morning Samuel Maxwell, Robert Matt, Jaws
Doactty, Anil Alexander Hamilton, were put to the bar,
charged with hieing, on the 13th November, broken into the
house of Mr. Arneil, at West Caplay, in the parish of
Nedston, near Paisley, and stealing therefrom a gold watch,
Moe I/. notes, some silver, copper, and twelves articles of
wearing apparel.
The depositions emitted by the Panels having been
primed, the first witness called was Mr. Arneil, who proved
the art of housebreaking, and his bating bees put in bodily
fear; salute several men, with their faces screened, tattered
the loue, and proceeded to his bed roues, rifled his drawers,'
and caul..l away the 'tropes t y shove described.
Mrs. Aetreil, wife .f the prosecutor, and Mr. Arnett"s
son, swore to Ilse same girconaslangra. Neither of Ilse
'timer witnesses were able to identify either of the prisoners,
thewits they mitt ruined a suspicions that Maxwell was use
of the robbery, and partieolorised the coat of one of the
men while he was rummaging the drawers, which they de-
scribed as a dark truck (oat. They also proved the Panel
Maxwell to have been on the premises previous to the rub-
bery tit offer a gold seal for sale. Hamilton, it was like-
wise proved, hail bent shortly before al Arneineed pretence •
of boyiwz polatueg.
Two femshre in the sirtelee of Arneil corroborated-the
oregoing witnes,i e, and deposed also to conversations with
the prisoners Hamilton and Maxwell previous to the rob-
bevy, in which the former asked if there were any male see-
mats in Arneil's family, and whether be Was rich. Two
isiighhoors, who met a party of seven or eight men coming
in a direction tom Mr. Arneil's humor, were also examined
with a view In identify the Panels; but they only spoke as
tee the Arms of one of the persons they in met, whom they
described to wear a dark frock moat.
The principal witnesses against the prisoners were a Miss
of Glorgow ; and James Wise an accomplice,
now or lute a prisoner in the l'ollmoth of Glasgow. The
former wither.' proved that the Paints, in company wills
three ollier%, called at the house of lair mother its Glasgow
on the night of the robbery. and obtained therefrom a sword
(which was prudieced in Court, and the witness identified);
and from some expressions used by the Prisoners and their
cumeaninus, slur inferred that they were the persons who
afterwards committed the rubbery.
The Loot) /tomes CLERK said, lie thought it right to
call to this witness's recollection the remarkable fact ether
haviug, on a former tiial of this uature, given similar evi-
dence with regard to a sword. •
The witness said it was the very same sword now on the
table which had been used upon occasions. This wit-
ness repressed sonic doubts as to the curespiraey of Do-
nelly with the ether Panels, sod thought he was the use
who dissuaded from the undertaking which they seemed to
leave in vie.. She also stated that Muir was the person
who to her seemed 19 posers@ the hest knowledge of the
house they were going to.
James Dulin was next examined, who disclosed the whole
transaction, corroborating in detail much of the foregoing
testimony. Himself, with six associates, had called at Mrs.
-fil•Williame-, and obtained the sword, 111111 one of the party
carried s pistol ; thus armed they proceeded by • circuitous
route to Mr. Arneil's house, and listing caused the door to
be opened, six of them entered the boo* and effected We
robbery, while one of the party (Stranger) sediaird out-
side, to keep watch.
it-Mom Hasty deposed to a con thaw which he bad
accidentally bad with Maxwell while a primerr with him in
the same coil in Paisley gaol. Women had- told him of the
rubbery, hilt slid nut say how aid when he had disposed of
the articles rubbed. . • .
catherioe. and Margaret, two younger sinters of Mims
SPWillianis, were also examined. The latter deposed that
it was Grant and Dalin who called at their house a few days
before the eubbery, and caused the sword to be fetched from
her father's shop. lie ether respects,• her testimony, as far
as it was pusitire, did nut vary mates tally from bee sister's.
1 he examination ut the witnesses occupied the Court a
great length of time, all the wituesees not being so embible
of spereb,and so quick of apprehension,as Miss
oho seemed to be it-cognised by many iu Cuurt, and to be
the subject of a pretty giorral whir pee.
Tbc LORD ADVOCATE addressed the Jury fur the Prose.
cation, and after serapilolaling the leading poiots of this
evidence. contended that the crime of stoullirief was proves
against the Paileis.•
Mr. AI lidUrief, fur the Deft-ace, replied at some leugth,
and with much ability argued that the only witnesses who
brought bume tooy charge against his cheat were of a must
impure description. •Of these witnesses, Margaret
liiims, the youngest sister, was unquestionably ahe most
relqwetable and credible, and he coati-soled that the variance
between her testimony and her sisters' was ut au isopoctaut
• natwie, as not only to I aralpste two .t the Panels GOOD
being implicated in the charge, but to go far Iv duersedit
the ea of !brothel %illnesses altogether.
111..Mecusio, on behalf of Hoseelly, followed, sod a
shiest but peapiewuus whims cuadeoded, that the Jury weld
pitinuesice ire other verdict but list of Nut Guilty with
resin Ct to his client; at all recut', they could go au farther
than find time libel hot proves.
Papers purporting to be reotifientes as to the cherseter of
some of the Pearls from perroug resitting in Glasgow were
these offered in evidence, bat were out received as legal.
testienouy, it not 'what she beet which (-wild have been pro-
CUM', the authors of theta brag alive, and ibis les appear
thi-eusehrea to ',peek to the chancier of the Panels.
The Ipso JUSTSCe Um's, rimmed up the evillest. with
great minutemen and care, sod charged the .Jury, if they

- •
were not @Misled HAI the etiieme gee= iAtiledlsad
had brae& the chows hot& %de MONISM ISt* Mail
Dawn', they wield, a cow" Oew the Pow& the hawk
of say do
of which they ewletilillieff The nee sgeleet
Dewily, he had as heekidio• le toying, was the weakest
of the four. He hod from the Grit beets of °pitiless that
the algae Aimed against the Pamela was steethrief ; whe-
ther Iberians were proved ere oat it was foe them to say;
but the tame libelled, k wee important that they *Wald
observe, was stouthrief. He thought it his duty to be
pertieslse in itsresakag this upon thew snootiest as any
dioagreemest as to the erime specified I. their verdict
weight plass the Court ostler the weiremity of rescinding the
trial. The lanrsoil Corset had eoderiveisred, with what
object was olivioiss„ to discredit the evidence of the APWil-
liantes, sad had argued that Margaret, the youngest sister,
was the most respectable of the three. This his Lord-
*hip did not kiimediately perceive. It was true, hlargaret
differed from her slaters with respect to the men who
irk called at her mother's house to imprint after the
sword; but her evidence regarding the presence of all
the Panels at the 14,Williamies es the night of the rob-
bery, was by so mesas • eositrodictios of her sisters;
fee she admitted that she was absent fur some time, during
which she two Pawls, whom she did not am, might have
bees present. He begged to reties to the Jury the reasons
of the Court for ors admitting the papers offered relative to
the characters of she Panels. They were at liberty, never-
theless. to Much what weight to them they thought proper;
only they were not legal eviderce; aid be did maintem,
that she piteous who wrote those paws, if they were good
mad fair peruses, might to hair faced the Jury that day, and
have spikes Mimi they have quilt,* Ile the Prisoners' beha'f.
The Jury reeked abseil tees o'clock, sod remained absent
shout a "meter of an hoar, wises they Mooted with • err.
diet Indies the charge of sleuth/ice Pewees wisest Samuel
M.swell sad Alesordee Homilies; sod 14•4 Peewee against
Hobert Muir sod James Deeselly. And the Jary irani-
measly recommended Alexander Hamilton to Inevey.
The Loss basics emiwit requested to be pet in pos.
seeeion of IM gruseds on which the reeommeoriation of
merry wish regard is oar of the Panels was founded.
The Foreman of the Jury said, the Jury had out aster-
taiwed from the evidence that Hamilton took say active
part its the robbery; and that if it bad not been for the
slight eirestemOstiot corroboration of the Areeile, they
wontelhave bees compelled to have found the charge against

him Not proven.
The Prisoner Maxwell, before the passing of judgment,
addressed a confession be the Court, in which be said—" I
now, standing before yeti my Judges, W' I, in all prolialpi-
• litp must speedily do belies my heavenly Judge. unwilling
that the ismeerot should Suffer with the guilty, and in or.
der to ratifies your Lordships @gaited the like iu future, beg
to request your Lordships' attention to what I hers now
to say. lam guilty. I confess the crime; but there is not
one wined of truth in the evidence by which I am convicted.
All the witnesses, except the Armed, and William Lockheed,
have pzrjured themselves; acrd I, for sue thing that is known
to the Court to the eouteary, am innocent. The robbery
was committed by isse sad four others; neither of the pri-
soners besides myself was concerned in it ; bud neither of
us who committed the rubbery were in the 11PWillisins's
Imam in um lives. The ill`Williases's and Delis koew no-
thing shoot the matter. Dulin was sent into Paisley gaol
only as a spy, to gain information about the robbery, and
thew to implicate area who were ionireent of it." He added
that he hoped Hansiltooi who was really innocent, wonlit out
suffer, and that their Lordships weakl be merciful to them
both, if any merry was is their power.
Lord Succors thee rose; and shir commenting on the
atrocity of the crime of stoutkrief, which was very properly
visited with the last punishment by the law of Scotland,
considered they had no alternative but to sentence the Pa.
nets to be executed on Wednesday the 17th of January next,
in Edisiburgh, et the place which the Magistrates appoint
for commie retentions.
Lord Msectowsens aim remarked on the heinous cha-
racter of the enamor moothrief, sod observed that if the
inhabitants of the hower,whoire peace had hems disturbed by
the Panels, bad bees popeyed and disposed to offer any re-
sisteace, in alt probability the bands of the Pavel* would
lurches.' Mahood I. murder. He concurred is the sugges-
tion of his Lemorillbrother.

The nn Amiss CLEAR, having cautioned the Panels
Muir and Homely, the charge against whom the Jury had
found " not proven," respectisig their future correlate', pro.
eroded to pass the awful scrotum of Death un the Panels
Maxwell and Hantillos. The recommetidation of merry
with regard to the latter would beetrieisly made knowis to
the proper quarter; bat in the mai of Miturrell he was sorry
that be could discover nu extenuating circumstance.
At the conclusion of this address the Prisoner, Hamilton,
who appeared very much ■lfected by its delivery, broke out
Into loud Ismentatione, which he continued to repeat dur-
ing the rest of the time he remained in Court. The Court
was very crowded, and from the callosity excited by the
tries of the unhappy men, was with difficulty cleared by
eleven o'clock at night.

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