The Sun.
London, England, 1824-07-21 00:00:00

IRELAND.

AFFRAY AT CASTLECOMER.
(FunTttinm PanyteUl.alle.)--it appears that the erection
of the Ouncel, or weighing machine, had mused a very angry
feeling throughout the Colliery, and that the exaction of a
further impost on the carriage of coals, already burthened
with a heavy turnpike toll at the Coolbane antlConier gates, the
former fid. and the latter 41d. on every ear. of the description
generally used in the conveyance. deducted largely from the
always wretched means by which the population of an rxten.
sive and impoverished tii,trict have been enabled to subsiat.—
.A partial attack bad been made on the toll-house and the
wctging machine .on the evening of Tuesday week, but the
assault appears to have been irresolutely car:ducted, for on the
toll collector or his assistant calling out-for his gun, the rioters
dispersed, without being able to do any serious injury to the'
machine. The disposition thus evinced, however, suggested the
expediency of protecting it against further violence, and two of
the Constabulary were ordered to that duty. It was arranged,:
that in the event of an attack a signal gun should be fired by the
police, on which the remainder of the body, four others, under
orders of Captain Trench, should hasten to their aid. The col-
liers came in prodigious force. and excellently armed, between
the hours of ten and eleven o'clock on the night of die following
Sunday, and commenced breaking the ouncel. The police
stationed in an upper apartment of the toll-house contiguous,
were deterred from making the signal immediately, as -agreed
upon, by the remonstrance of the gate-keeper, who represented
the danger to which the firing of a gun from the house would
expose the police within and it was not moil the mob had pro-
ceeded for some time iu their attempts to demolish the machine
that the signal was given. The assailants, supposing the shot
to have been directed at them, promptly returned the tire,- and
the police, with whom was the assistant gate-keeper, armed,
discharged several shots with blank-cartridge, in the hope of in-
timidating. the rioters,who,hov..ever, kept upa spirited and rapid
fire, while others of their body wreaked their vengeance on the
weighing machine. One of the police was wounded in the fore-
head by a slug, which striking the bone, took adirection upwards,
passing immediately under the skin, and lodged in the head.
On hearing the first shot fivin.the scene of attack, Capt. Trench
and his police hurried to the assistance of their friends • and that
most respectable officer appears to have disposed of,hls little
force with considerable skill and effect ; two of the four men
under his command, advancing on the direct line of road, pro-
tected from the fire of the mob by an angular projection of the
wall which bounds it on the right, while with the other two he
proceeded inside the wall, and reached the gate-house by an
approach from which the assailants apprehended no danger.
'!'he rioters had by this time completely- disjointed the machine,
and began to retire, still firing down the road on their
retreat, and carrying oil the spoil ii triumph. The police
were secured against this random tire, and chose their points of
attack along the road, with infinitely greater effect. The intre-
pidity of the rioters could not, however, be surpassed, and the
coolness with which they executed the destruction of the ouncel
gives a novel and peculiar feature to the Outrage,
a boy through a lower window. of the gate-house. under which
a part of the machinery_reached, who deliberately extricated it
from its temporary. hold during the ho They raised
itest of the fire. The
junction of a party of the Militia Staff with the Police gave ad.
tlitional and many ,Of the
colliery people were wounded at this stage of the transaction.vigour to the operations of the 'attn.,
In the course of the night the police anti military searched
persons found absent
AThcto'nialst nßiyaannohfatsheteennamalesoodfaniaeYwrioaeusiwyThwuooeunnudrnedbe.
and after an examination before
fsroevnelratillehioruase:eli
the Magistrates on Monday were held to bail. These persons
inintzhewecroelltiaekryen,
,and many
will be tried at the next Special Sessions under the Insurrection
was very severely
wounded at the gate-house, is in custody; and a-person named
these men can be removed with safety in their present state.
There is no -doubt that seven or eight of the Colliery people have
rNaeldnthlietrteodf
tboeebnaiwl isiaM.renl,alync.,lvroolyderattn.. )

A serious accident happened nn Monday even-
ing to JOHN STRATFORD BEST, ESq. son of Taos.
BENT, Esq., at Losu's Hotel. When riding in
the Park his horse took fright, and ran away with
him ; lie endeavoured to leap him over, the rails,
but unfortunately he ran against them, and fell
backwards over him, whereby be broke his collar
bone, and was much bruised. Some gentlemen
passing by at the time recognising the young
gentleman, took him to his uncle's, Admiral Tor.-
LrmAcuc, in Piccadilly, where he was attended
by several surgeons. Ile was insensible from the
moment of the accident, until yesterday after-
noon, when hopes were entertained of
_his ref
covert'.

COURT OF KING'S BENCH, JULY 20.'
MACAULAV,v. BITACKELL.
Mr. Scartr.r.TT begged to mention these cases, which were
before the Lord Chancellor on Monday.. The plaintiff' had
been put to great expence in brining witnesses t - mien, in ex:
pectation that they would be tried ; and if the trial were to be
postponed, the defendant ought to pay the costs.
The Loan Ours JUSTICE said this could only be subject
of motion grounded on affidavit : as he should sit here to-
morrow, the application might then be made.
Mr. SCAttLETT said he believed the motion would he, that
a day should be appointed for the trial, or that the defendant
should pay the costs of the delay.
THE DUNG v. THOMAS DUN:ITO:I%
This was an indictment • for perjury, in answer to a bill in
Chancery. The complainants, Itrood and Simmons, alleged
that the defendants, thinston and Robinson, had appropri-
ated to themselves, arid a person named Flanders, a very be,
neficial contract for the sale of an estate, in which they were
interested equal moities. They charged, that hating been
often concerned in the purchase of estates by speculation, in
1820 they negotiated with Mr. James Spiller, who was agent
for the sale of an estate called the Beauvoir Estate, at Battle-
bridge, and proposed to Dunstan and Robinson to join wlaft
them in the purchase. By the terms of the contract, Duns.
ton and Robinson, an attorney, in Charter-house-square,
were to advance the whole of the purchase-money, and
were to receive back their capital and five per cent. inte-
rest, but the surplus profit wart to be divided among the
four partners. Mr. Robinson, however,.procured the whole in.
terest to be conveyed to himself, Dunston, and Flanders. with.
out the concurrence of the plaintiff's, who therefore prayed, that
on the payment of their proportions of the purchase-money, a
declaration of trust should be executed, securing to them their
interests, or that proportionate parts of the estate should he con-
veyed to them, and that the defendants should account for all
monies which they had received. To this bill, Mr. Robinson
and Mr. Dunston put in their answer. They relied as to any
agreement on the statute of frauds ; but also sword that they
were the sole purchasers that Wood was ultimately a mere
aitortffor thern—ahat it was '
never agreed that Wood or
mops should have any interest as partners—and that they never
admitted the existence of such partnership. On these allega-
tions assignments of perjury were now founded in this indict-
ment against Mr. Dunston.
The ATTOUNEY-QEMEUAL (with whom were Mr. Law
and Mr. BRoDE NICK) stated the- case for the prosecutions
and, admitting that Mr. Dunstan was in a respectable condition
of life, observed that it rarely happened that in prosecutions for
perjury on an answer, that the assignments were so direct, or
the issue to be tried so simple.
The material parts of the bill,.and the whole of the answer,
were read.

' Mr. Sc.SRI.ETT, for the defendant, submitted that before
the prosecutor could proceed further, he must show that there
was an agreement in writing between the parties, as the defend.
ant bad, in his answer, referred to the statute of frauds. The
denial was of a legal agreement, whiclecoultinnly be in writ-
ing ; and if taken as applicable to a parole agreement, was
wholly immaterial to the object of the bill.
The ATTORNEY-GENERAL contended that a denial of a
parole agreement for an interest in lands was sufficiently mate-
rial to be made the subject of an indictment for perjury.
The LORD CHIEF JusTicE held otherwise; and that,
without evidence of an agreement in writing, there was a°
foundation for proceedings.
No agreement was produced, and accordingly the jury pro-
nounced the defendant—Not
TIIE 'KING V. LAWSON AND oTtirns.
. This was an Indictment against Mr. Lawson, the Clerk of
the Peace for Middlesex, for a conspiracy.
A full special jury slid not answer, and no one appeared cn
the part of the prosecution to pray a tales.
The ATTOIINEY-GENERAL, for the defendants, produced
his own warrant for a tales, and a full jury was sworn.
The ATTORNEY-GENEUAL rose and said, " Here are six
most respectable gentlemen indicted, and no prosecutor ap-
pears."
The LORD CHIEF JusTicE immediately directed an ac-.
quittal.
The Jury immediately found the defendants Not
LIIFFLUM v. ARMSTRONG.
This was an action of trespass, for driving a cart over the in.
fant child of the' plaintiff, whereby he was put to expence, and
lost the child's services. The plea Was " not guilty.o
The plaintiff was a market-giFdner at Fulham, near nouns-
low, and the defendant a taker in the same place. On the lath
of December,- 'about four o'clock in the afternoon, the child, of
years of age, was playing in the road, and was run
about eleven eleytivl
eeneart which the defendant was driving, accompanied
by his son. According to the testimony of the witnesses for the
plaintiff; the horse was galloping at the time of the accident
along the road, which was wide enough foe three carts to pass.
The little boy himself was examined, and said he used to assist
hinsafinawtathtenarti
ei nocavtehrrte. ghai
3irdnire.nAsTiarnni was
Armstrong
ng
playing, in the road, when the
cart raw against him; and not he
went on after the mischief.
The child was under the care of a surgeon for three weeks, and
the charge was 21.35.
Mr. CHITTY addressed the jury for the defendant, and ex-
pressed his confidence that he should show his client free from
blame ; that he was driving at a proper pace ; and that the child
was improperly playing in the road.
'To prove this case, he called Thomas Armstrong,' the de-
fondant's son, who swore that his father was driving at a mo-
derate pace, anti that the children were running backwards and
forwards in the road.

The LORA Cutv:r JUSTICE observed, that if this witness
were not contradicted, he proved the plaintiff's* case ; as he
said the children were playing in the road, and there was no
unavoidable necessity to drive over them.
Mr. CHITTY, however, called another witness, who did
not carry the case much further.
The lionn CIIIEE JUSTICE told the Jury, that as in this
action they could not take into consideration the suffering of
the child, small damages would suffice.
The Jury found a verdict for the plaintifr—Damages, 31.