The Sun.
London, England, 1812-08-19 00:00:00

luEJ D.

SUPREME COURT.

HOME CMCCTIT.-CARLOW.
This town afforded but one trial of an interest-
ing nature—that was, the. Knipg, at the prosecu-
'lion of Mr. Patrick' K elly, by information, against
Walter Kavanagh,•Esq. which had been tried be-
fore? On the former trial Mr liavanagh had

FROM :11-1E CEYLON GOVERYM,_,:NT G.VETtr,
DF,CEIJIBER 11, 1812.

- On Monday last the .Supreme Court commenced
its, fi.rst Session of Criminal Jurisdiction for Co- •
Wulf)°, under thesNew Charter of Justice, esta-
blishing the Trial byJury in Crimin:d. eases—And,
.on the following day came on the trial of Captain
John Parker, and Quarter-Master John Staples,
both of his Majesty's 2d . CeYlon. Regiment ; the
former as rit;incipal, the, latter as .second, for the
Murder of Captain James lirown, 'of the same re-
giment, in a duel. ,
- The feelings of a Court- uncommonly full were
sensibly gratified to witness the- first instance of
such a form of trial in this Colony,, and to see a
Most respectable British Jury impannelled for the
trial of this important case.
• After a
,full hearing of all the circumstances of
the quarrel in- the evideisice fo'r the Crown, , with
an affecting defence on,-the part of the prisoners,
and a short reply by his-Majcsty's Advocate Fiscal,
the Chief Justice, in the name of himself and the
Puisne Justice, summed up the facts of the case,
and. the law us• applying to them, and the Jury, af-
ter a short absence, returned a verdict, tindir4
Captain Parker Gtillty of culpable homicide, and
-.AT:Staples Ndt Guilty.
They als6 recommended Captain Parker .to
the favour of the Court, in cOnsideratiOn of his
long imprisonment, pecuniary los.ses; and other
sufferings, and the peculiar circumstances of the
case. •

been found guilty, and exceptions were taken to
lie informations, which were argued in the King's
Bench. These objections being over-ruled by the
Court, a)Pr. Kavanagh appeared to receive judg-
ment. On this. occasion sit was agreed between
the parties, and acceded to by the Judgei, that a
new. trial should he granted, on Mr. Kavanagh
undertaking to pay the costs of all the prior pro-
ceedings, and also the costs of bringing down the
record a..second•time to .the Assizes of Carlow.—
The information was :opened by Mr. Farrell, and
the case stated by Mr. _Mac Nally, from which it
appeared that Mr. Kavanagh Was seized-. in his
demesne in fee of the land, house, and mills of
Clascanny, which he leased f4r lives renewable for
ever to a person named '7l.Zen-soin ;. who devised
'in three lives and thirty one years the same land,
Lodge, and mills to Mr. Patrick Kelly, the'prose-
cutor, with a covenant to repair the house and
millS ; that an oak tree standing in Kelly's gar-
den, being cut down for the repairs, Mr.
,Kava-
magi); sitting as a Magistrate, in his own cause,
took informations against Kelly, issued a warrant
against him, refused 4.61, and Muliciooly caused
him to he: indicted foi• feloniously !cutting N tree_
between sunset and senriae, which by statute was
a transportable offence ; that . Kelly pat . in bail
before . a Judge., surrendered at the assizes, was
tried, And hononrably acquitted ; and that this
prosecution was carried, on for
,the purpose of
obliging Mr.:44ly to leave "the country, and to
,
give ap the profitable lease he had taken. In sup-
port of this pcSaition,,Mr. Mac Nally read and alai-
-madverted on several letters and verbal messages
which had passed between Mr. Kelly, Mrs. Kelly,
. and Mr. Navinagit, and. which. Were afterwards
given in evidence—and from'awhich it appeared
that Mr. Kavanaglasoffered to givecup the prosecu-
tion, on condition that Mr. Kelly would leave the.
country: Mr. Mac Nally said he, could antici,
pate what he expected would. be the defence ; it
would be thus—" that Mr. Kelly solicited to
leave the country ;" and at every period bf his
speech lie repeated, Gentlemen of the Jaryadoes-
this look like a wish to leave the country ? In
describing Mr. Kelly's family, he compared his
wife to Cornelia, the Roman matron, who boast-
ed no jewels of gold .or of silver, but that-11er
riches and her parapheinalia consisted in her chitat
dren. Mrs. Kelly had ten children depending on
her husband's industry for bread, and her own ta-
telage for education. She had two more reasons
fora remaining on the lands of Clascanny, than
Mrs. Siddonahad for leavingsthe, Theatre at Bath.
That inimitable actress, when speaking her Fare-
well Address to the Bath Audience, bursting into
tears, said—" Here are three reasons for leaving
my friends and patrons," and•she brOsightforward
her children on the stage. Mrs. Kelly had ten
unanswerable reasons; forbidding the departure of,
her husband from' the county of Carlow. Mar-
tialge, lie said, was a Gordian knot, knit by affec-
tion—tied by love—neither cunning:nor perecit-
tints eould unravel it, but a tyrant • might cut it
asunder.--The conviction of Mr. Kelly would
have been worse than death to him and to his fa-
mily ; it would have been transportation ; it-
would have divided him from his wife ; it would
have severed bins from his children There were
Several modes by which Mr. Kavanagh might have
proceeded ; he might have brought 'an action of
trespass ; .he might have indicted Mr. Kelly for a
trespass ; he might have brought bin-, before a
Justice to assess the damage ; but in none of these
cases would the lease have been forfeited ; so he
indicted him for a felony, a conviction on which,
had 'it taken place, wonldhave insured a confisca-
tion. He sat as a Justice in his own cause ; did
not that show malice ? He was one of the Grand
Jury that found the bills of indictment; was not
that evidence of malice ? Mr. Mae Nally then
stated the duty of Jurors, as pointed.out by their
oath, and concluded by adjuring them not to be
misled by prejudice or favonr, but to try the cause
as by man and plan. ' .
The facts being proved by several witnesses,
particularly by Mrs. Kelly and her daughter, and
also by written documents, Mr. Jebb stated the
defer dant's case,' arguing with zeal and at consi-
derable length, that Mr. Kavanagh might have
been in error, but that he had not acted maliciously
or corruptly. There was no doubt but that the
tree was cut, and With the. knowledge of Mr,
Kelly, . though that fait was npt proved on
his trial. There was probable cause for -Mr.
Kavanagh's-conduct, and that ought tc-rbe. a suffi-
'dent excuse, and insure an acquittal. ' '
'Mr. Charles Ball-replied, and the Jury, in a short
titriqwought in a verdict of Not Guilty .
Several of the Panuel had been set aside by the
Crown.; but the- Pannel of 24 being eashausteds
they were sworn.
Lisrca'sers, AUG. Ig.—This day, being the en-
niversary "of the Prince of Wales's birth, and the
first which occurred since be has been havested
with full powers as'Prince Regent; was observed
in this City with every demonstratitin of loyalty
and respect; the morning was ushered in with
many joyful peals, from the Cathedisl bells ; at
~noon all the troops in this garrison, under the
command of Major General Darby, consisting of
, the brigade of artillery, 19th dragoons, 2d lyataa-
lion of the 90th, Galway and Hertford Militia,
\ir
and the brigilde of yeonsanr , assembled at their
parades, and marched to Ills general allignments
near the Ordnance Barrack, where Royal salutes
and a feu-de joie were fired, the bells re-echoing
theirjoyful sounds. The ships in the harbour
, disple.yed their richest dresses, and various testi-
mones of attachment to the House of Brunswick,
Aver.: evinced by the inhabitants of the anciebt aoti
to it city of Limerick. • ' .

His Lordship, in passing sentence on Captain
Parker,. obstry ed to hirn,.th t fioin the recommen-
dation of the Jury, and the circumstances tio which
that recommendation alluded, it became a ques-
tion with the Court whether any further punish-
ment should be awarded against him ; but ad ert-
ing to the blamableexpression used by him ,to the
deceased;, and NkTllicii appeared to have given rise
to the challenge,' and occasioned the difficUlty of
reconciliation,: it was tlainglit proper to mark that
part of his...condnct with some penalty.,--But, on.
the other ha:nd, his Lordship consideredthe legal
presumption of malice, attached to a deliberate
duel, mas -in a great measure done away by the
proposal of shaking hands; which came from Cap-
tain ,Parker on the ground, and :also commended
him', for haVing. (as appeared) iiamediately sub-
mittedto the guidance -of his second; thereby af-
fording • the fairest chance of the
_quarrel being-
terminated without.bloodshed.
The Chief justice .then sentenced Captain Par-
ker to be imprisoned in the common. Gaol of Co-
lamb° for one week. . . . _

This being the first .case of •Duel; tried by a
Civil Tribunal since the establishment of the Bri-
tish Government here, had naturally excited much
public expectation, which was amply gratified by
the marked and patient attention which, through
a very long sitting, was paid to every part of‘ the
case by the Court and Jury, and the clearness and
discrimination. with which the various points 'of
'law and_ fact. arising on the trial were diScusscd
fro the Bench.

His Majesty's AdVocate Fiscal opened the. case,
as falling under all the severity of the ancient
Dutch Roman Law ; but the moderation and hu—
manity with which. he conducted. the trial, and
-admitted every point favourable to the prisoners,
evidently sheaved bow painful a duty .he perform-
ed in his .first oddress, and with how much plea-
sure be acquiesced in the more lenient principles
held by the Court. to
,have been introduced by
length of time and ,uniform practice, and in the
propriety of their application, in their present in-
stance. In applying to those principles, the Chief
Justice was led into an extensive range of le::;a1
learning, in the course of which it appeared. that
every recorded anthority of ancient and modern
times had been consulted by their Lordsliip—and
the public left the sceie deeply impressed with a
feeling, that this cause of such general interest
had been conducted throughout with a degree
of attention, humanity, ability,. and decorum
eminently honourable to every .branch of the
Court.

The uncommon abundanceof the approaching
harvest may now be, considered as a 'matter of in-
contestible certainty. The accounts froM all pat
of the kingdom concur in justifying this opinion ;
and we have particular .pleasure in observing, that
the heavy 111X1.10.aliCe of the crops -throughout the
western counties has seldom been equalled within
the recollection of the oldest person. Neither
blight, smut, mildew, or any other injurious vi-
sitation has yet been witnessed. The reaping has
partially commenced.
The Marquis of Queensberry met 230 of his'
farmers, with their ploughS, on a field near Dum-
fries, on Thursday ; where, after witnessing
their skill in 'turning. the furrow, he presented
them wiat.a sumptuous entertainment.
We unclerstand, that a beautiful and commo-
dious b(4zt has beira constructed to go by wind,
power, and steam, for carrying passengers on the
Clyde, between GlasgoW, Port .641aSgoiv, Gree7
nock, and Courock. On Thursday it arrived at
Brobiniclaw in.threc honrs'and
,a half from Port-
Glasgow,
In the' Journdl Encyclopediquelfor 1781, is the
folio wing.instance oflifenpporte,d without sleep,
food.. or even drink, which exceeds that of Ann
MoOie, of Tetbury :—" There is liing; in the
village of Dernningen, in the territory of the
town of Rothweil, a woman, named MaryMtitch-
ler,. of the age of 50, married, and a Catholic,
-who, for more than seven years, has neithtir
drank, nor eaten, nor slept. • She lies in bed.;
her body doubled ; she has her reason entire; and
employs herself, night and day; in the reading of
books of piety, and continues often, for hours to-
getber, in contemplation or meditation on, what
she has read."
On Sunday sennight a most inhuman murder
was perpetrated on the body of a poor industrious
man, of the name of Geary, who resided at Clon-
. :rriel, near Youghal, Ireland. The cause and the
assassin are yet unknown. An Inquest was held
on the body on Monday last, before D. Connell,
Esq.one of the Coroners of the County, and a
verdict of Wilful MUrder against some perscm or
persons unknown, was returned,.

Between seven and eight o'cidck last night a
fire broke out in a building near the. Ropery, in
Woolwich Dock-yard ; but we are happy to add
the tlame3 wereqiuickly subdued, without having
occasioned much damage.

O YMAS;VOOD, of 100.35, Maiden-lane, Covent-garden ; and Published by WILLIAM ARMIGER! SCRIPPS, 15puth
1.0. 112, Strand, wheve Advertisements; Orders the Parer,,Lelt6ri for the Editor, &c. (pest paid),

ON. THE DEATH OP
ZANE, DUCHESS OF GO EON.
IN IMITATION' OF OS6AN, WHOM SHE ADMIRED

ABOVE /ILL OTTIF.II. POETS.

She NVAS hurled-, at her own desire, in an old bu-
•rying ground in Niurara, a farm in the .heart of
the ilighlands, uncommonly romantic and pic-
turesque, whcre she h built a beautiful cot-
tage, and where _she spent most of her latter
day:E.

The ghosts of the night sat on the grassy bank,
by the grey rock of Kinrara. Near them were
the green graves of their rest: Past by rolled the
blue waters of the Spey, trembling through.their
flaky mist. The moon, broad on the face of hea-
ven, travelled Tong the sky; the stars rejoiced in
her course ; and the still sound of the foreSt, and
the echoing of the water over the distant rock,
wandered .0-11 the' wind of the desert. The sha-
dowy children of the tomb lifted up their voice,;
the spirits of the bards leaned forward from theirs'
mossy rocks, with all, their harps ; and, singtm;
from their clouds, the hosts of heaven hovered
around: Their song was of the tales of their peo-
ple, the deeds of the days of other years. The
faceS of the grave were dim-purpled with joy, and
the enrapttiredpelody of heaven died away on tha
breaking hills.
- Weary, after the chase, I sat down by the aged
oak. The soutid of its top, and the stream mur-
muring my feet, closed my eye-lids in sleep. I
awoke. It was not the dream of ni4ht. All Wai
fearfully beautiful. At once ceased the song. The
.pause Was solemn and awful.
I3V the skirts of the wood appeared a form grace-
ful as the roe on the brow- of the heathV hill, and
beautiful as the sun re, ting on the. mountains of
the morning. Her path was to the green graves of
liinrara. She leaned over the half-seatte'red
mound, whore-the mossy stone had been rolled
away,
,she looked around
.with solemn dignity,
and at once the spiritspf the night again raised

the. song :
" Sulmara, 0, Sulmara ! is it thou ; and seek:-
eSt thou so early the bed of thyllong repose ..".1.109.
vast lovely among tfloo;ands. The young re-
joiced in thy presence, _ and the aged blessed the
mightinese of thy soul. Thy voice, in thy halls,
was like the shower of the spring. Thy heart wo
a beani of light to the children of the'unhappy-
Who'llas' seen the glocith of pride gathering oit
thy brow, and who has not beheld the tear of pity
Nv an4ring down thy cheek ? With. thee tiyeit.
the great and the mighty"; but who were like the
generous Sulmara ? Thy lovely daughters 0.0
the
.son of thy soul are,dark at thy departure, and
'th children of thy goOdness, through their tears,
look for their Sulmara in vain. They sigh for thy
return to their dreams, thy praises turn ,away the
augUish of their souls. Narrow, 0 Sulniara, is
is the.house. of thy rest, but beautiful is the cloutt
of hcaven prepared to receive thy spirit ! Come,
0 Sulmara, come, let us welcome the from -the
land of many woes."
The day' was breaking in the east, the aerial
choir disappeared on their clouds, and the spirit'
of Sulmara sunk into the tomb.

Tuesday sz'onight, at _Middleton on the Ili%
between Tenbury and Leominster, a violent hur-
ricane arose, attended with a heavy storm of un'
common large hail'-stones and thunder and light,
niaq. The whirlwind tore up great part of a- field
of wheat belonging to Mr. Powell, of the Ford;
and scattered it in the air. The hail-stones did
considerable damage, and the lightning struck 11
barn belonging to Mr. Yapp, of the.town, which'
with about I 4 tons of hay, and all talc' out.build-
logs, were entirely consumed; the dwelling-hoes
proNidentia-ily escaped.
Ea-ecution, of-Booth, ut !Staford.—On SaturdaY
last, about twel7e o'clock, Booth was brought
upon the scaffold to suilex the punishuient due t"4
his crimes ; he acknoWledged the justice of
sentence. A most diStressing occurrence ton''
Place at the time of his ex,ecution : the rope sl;P"
ping, he fell 'to the ground, and many people
thought that be was dead, but the unfortunate
man got ,up and fell, on his knees,. praying to tl'e
Almighty for mercy for his misdeeds' ; the a:,;sistants
then prepared the scaffold again, but, owing to
mistake, the drop remained fast, when Boot?
tit
gave the signal for it to fall ; 'and it was not Oa
imich force had fella
heen applied that the drop ci
when the unfortunate criminal at length sigfrref
the dreadful sentence of the law. The number 0.
' people who attended was not so numerous as vc3'e
expected, but alLappeared much shocked at tb
suffering of the poor

1111t.THS. • - ~-
• Oil the 15th ult. afrivstan, the Lady of William Newte'!
Esq. of Eldon-Hall, SutNk, of a Daughter. 2: of
Oh Thursdarlast, at 'alley lark, ' Shropshire, the ,may
-
Thomas Whitmore, Esq. M.P. of a Son.
A few days ago, lit ' Chriagh, in the County Of Lituel re
': 1
the seat of Sir Vere Hunt, Bart. the Lady of 2,:atbrey (WV
Ilant, Esq. of a Son. ,
On Friday last, MN. Kendal Collett, of a Son. iv °I
The same day, at 11.1-father's house in Exeter, the La
John-Stevenson, Esq. of-a Danghter. land
On the 14th inst. at Dude, the seat of Charles P..lait
,;‘,.,,
Christie, Esq. in Fifeshiro, the Lady of Mathew Fortes`
E3q. of a San. e ttrlliao
On the 15th inst. near Maidstone, the Lady o, 1
Kennedy, Esq.-of Bombay, of a Son. ~, of
On Sunday evening last, the Lady of Captain Steven-,
the East-India Service, of a Danghti,r. ' 1 01 a
On the 17th inst. Mrs. RObertson, of -hill,-Iml ,
Daughter. . ----------r---

- . M ARRI ED ..
Ito' 1)1-
On Thursday, at Lelvi•inatn, Charles Weller, ..E.Sq' -
ria, eldest daughter of the Rev. Hugh .Tones. t,, >la-
Lately, Major Macallaste:, of the 85th Regiment,
-demoiselle Adrienne Didier, a native of Frsat:t

, • :
DIED. CO"
On the 7th inst. at Edinbergli, Csptain AleXanideri: v.,
holm, of the 7,2 d ltegiment, in' consequence of woun'Gcoki
ceived at the taking of the French Colony at the Cape 01.
Hope, under Lietitenant-General Sir David Baird.
On Tuesday last, at Dis'eop's Waltham, iir' ix: aist le,r'artf
his a4e, the 4ev. John Waltets, Head Master of the -(ir
nsar School,iii.,that town. r.,,sex•
On the 12th ilist.• limes Sheppard; Esq. of, Uptnn, '';',l,ry,
Oa the 15th inst. at Eaton, in NcpthAmptor.4l..irr, ';ba.;/i
the' vhfe of the Rev. F:ancis Jones, Rector of Throct,,,ll;hirct
arid Satton„ in that County, and_ eldest. daughter 0 '''
Carter, . Esq. of Foxley,. inn Wiltshire.
At Stockwell, yesterday morning, ' ' a
lingering- illness, occasioned by bursting a bloud.. ve,6o'' '
3.Jar year, . Mr, William P.-Windrs, of St. /701111-st Feel. Alcr
On the 9th of June last, at his estate in Degiciaa' f tb_at
ander Kacrea Er.i. a. Member of the C,ort of i'•)i4,"l!),f hig
Colony, and C'Eef of the. respectablaaind ancient' tafJP7.•
name inn the ;•liehlands of Scotitind.
, __.--.----
at fi;e, o'clocic,
tar.tiej:liii;

:71-street, Crosretyn-sTu:r.
Rus: be addressed.