The Sun.
London, England, 1810-09-04 00:00:00

HIGH Uo pia:. OF JUSTICIARY.

•'/:-EDINBURGH, 'AVG. cz 8 ',--The Court proceeded to
' ot: 117:,;171, private soldier in.tht-
triilitia,'et.ar,,z.•d with the 'Wilful' murder Of S.
Simonson, a Danish pri cy-a-r. by tiring his miiskett,
upon the 27Y11 July last, 'a:rough a window of the
House oI Greet•law,. kept as a depot for prisoners
of war, by which the said Simon • Simonson was
mortally wound 1 the heat, mid afterwards
died. • panw I pied not guilty of Murder, and
Oat. he shot Simonson in we exeCution of his
duty.

it. appeared by
_the evidence, that the prisoners at
Greenlaw- bad. been for some days, And particularly
upon the day stated in
.the libel, very riotous and
disoich-rly, and had trequently pelted thp, sentinels
with stones, pieces-of wood; bones, &c: from the:
uindows 01 the house ; that several of the soldiers
had berg struck with these, and had not.ouly corn:.
plained to the officer and setjeant of the guard,
bot had threatened to fire into- the house upon the
prisoners, .11 the throwing was continued ; that'
Inglis upon the evening of the 27th, was posted .
upon the south side of the house, without the pal-
lisade,
.and the sentinels to the right and lett of him
heard
_him repeatedly call to the prisoners to keep
back from the u indows ; that he cornpiained to the
keeper of the prison that he could not get walked
quietly upon hi. post, tcn: stones, bones, and sticks
thrown at him by the prisoners ; that the jailor
went into the prison to challenge the prisoners, and
put them upon their guard ; that, when in the alt
of doing so, Inglis fired in through the windows_ of
the stairc:,se of the third flat, by winch the deceased
was mortally wounded. It wa; declared by the
officers commanding the devcisment, and the ser-
jeants, that frequent_ complaints had- been made to
them by the men, of being.anno)el by the prison-
ers ; that they took e%eiy step in their power to
prevent it, and, find out the persons offending-;
that strict nrders were given not to fire upon such
occasions, but to call the serjeant of the guard, but
tit does noi,,,appeat that such orders were communi-
cated • to the prkoner ; and that,- by the general or-.
. deis read to the dtitachment, a sentinel was not to
fire, ek-:pt -when-the prisoners were escaping, or
attempting to-escape. It wag_ sworn by one of the psi-
soners,t len he and th deceitsed were sanding quietly
togeiher,conversingat the window,and thatthey never
spoke nor threw at the sentinels. Inglis, in his deela-
ra: ion, admitted, that he had not called the serjeant of
the guard, nor reCeivedorders to fire, but,t hat he was
severely pelted by the prisoners from the staircase
window 01 the third flat ; that he,repeatedly called
to them to keep back from the window ; that they
laugned at him, anci said he bad no ball in his
- piece ; that he cocked, and presented, but not
wishing to fire, recovered his arms, -and that it Was
not till after repeated insults that he at last fired,
and that he considered himself entitled to do so,
being insulted, on his post.
Inglis is a young man, about twenty years of
age, and had not been full twelvemonths a •-sol-
. diet., and his Captain gave him the chatatter of a
study quiet man.
The Jury were charged, on t he part of the Crown by
MACKENZIE, and, on the part of the panne',
by Mr. WILSON, when the evidence having been,
• summed up, in an impartial mantle', by toe LoRD
- JUSTICE CLERK, the jury retired, and, it a short
returned with a verdict against _the patutel of
culpable homicide.
• The Court pronounced sentence on Wednesday,
ordaining Inglis -to be transported beyond seas-fur
yea's, wait r the usual e,-,rtification.

HOME CIRCUIT. f

KENT ASSIZES.

SANDOM V. HILTON AND OTHERS.

MAIDSTONE, FRIDAY, AUG. 31. This was an
aEtion by the as,;ignees• of one John Sandom, a
bankrupt, formerly a wine-merchant -at Deptford,
agan,st ute Kent Insurance Company, to recover
'the sum of 2001. alleod to be lost' by the .burning._
of his warehous,i at Deptford. '
The -defendantS pleaded several: matters, princi-
pally that the bankrupt had feloniously set, the pre-
mises on fire—that he had given a false account of
his 1055.7-4 hat he kid not produced all his books of
accOnnt which were saved; and that he had not
made a true dis Closure of the fads and of his loss.
The Witnesses hi support of the plaintiff's case
siated, that the fire had b. en the eflita of accident
that Mr. Sandom did every thing in his 'pb-Wer, and
put his life in dalic,er to rescue the property. From a.
long cross exarnimriion by Mr. Garrow; it however.
,oppeared that there had been a removal of the day
• book and order book on the morning-of the fire,* and
that on the day the fire happened, Mr. Sandorri had
riiraCie a memorandum of the accident in the day book.
--U,:on this evidence Mr. Serjeaut Best interfered,
, and statel3,- that as the issue'as to the non-prot!ut:tioll
of the books of account was against the plaintiff, he
shodd not pursue the cause farther, but shook' sub.=
emit to be nonsuited.-4-,-Plaintiti nonsuited.

SPENCEIt V. COLLINS.

This was an anion :of trespass, for breaking and
emoting into the plaintiff's laed,,aud making a turn-
pik,e7road through hlid is_di. The road in qUestion
ais new piece of road, made by the Trustees of
tike Roads, leadUlg through Wrot ham to Maidstone;
and the question was, hether they had not exceed-
ed the limns of their jurisdiction. By the Act they
Were empowered to make the road to and from Wro•
thain ;
,but the line
.of road they had actually made
..v rally" avoided the town, •and went at the back:.

LORD BEPKELEY.

(P'Roil THE
_BA7II

The si.ngolar situation of the •present:claimAnt of.
.the Ea 14,.” of livileicy, in con,,equence of he'arn-
c;rcultistances attending, the• marriage of,
hts It;th.r, hay lately attracted a considerable share 0(
the atieution, .and .has given rise to many
unfouukted paragraphs in the. public- Prints. The
10110wing:Tartxulars of this extraordinary case, we
believe,. will prove • striLtly accurate and -gratifying.
to. our ReMICY*

!".Frecirick Augustus lake. Earl of Berkeley, was
marricd by banns,-in the parish Church &rat:ley,
on the 30th 01 1803, to Mary
.Cole, daugh-
ter of a trades,uan At Wootton, near Gloucester.—
By'ambiguo6 expressions, it was contrived, that the
--banns should be' legally published, and yet excite,
no suspici•on in the congregation of who the two
parties were; this was thwer explaiiied, nor is It very
inipor,an!.. -The ceremony was‘performsd privately,
at an early hour in the morning, no person being pre-
sent to the church but Mr. iinpsman, the Curate,
• one Bat nes,„ the Clerk ,Cf. the parish, and the bro-
thee of Lady Berkeley, a youth of fiffeen,or sixteen.
Ail the parties received the strongest • injunctions to,
keis the marriage inviolably secret ; and Mr y Hups--
orm was particularly charged by •Lord Berkeley to
keep the registry in its own hands, and not to enter
it in the regular manner Lady B.'s brother was
iminediatcly after. sent to London, where he as-
sumed the name of Tudor, and twin thence to
Paris, and 'temained abroad for some years, first at
/ College at Vincennes, and afterwards attached to•the
Comtnisiariai of the British at my.
" The WO Ives which prevailed on 'Lord B. to
keep his:marriage secret, thought hey have never been
thoroughly explained, may be reasonably .acconnted
fur by the situation in lite of Lady B.'s famil), and a
declaration Lord B. was- understood to have made
previous to tile marynige of iris brother Admiral
B. to Lady Emily Lennox, of his resolutiom never
to marry. _ .

NStwithstanding, however, all the precautions
that were taken to: keep tit marmage secret,
moors of it
.got abroad, and at length becaine so
strong, as to induce a tri,nd of Admiral Berkeiey's.
to wine to him on the subject, informing him that
the reports of his brother's marriage were so generai;•
that it was alorost impossible they should be false.—
This came to Lord Berkley's knowledge, who nil- •
mediately wrote to Mr. HUpstaiiill, intormarg nu n
of the reports- that were in circulation, • and gi, tog
him to understand, that it hedid not fikeetlectuul
means to prevent,the possibilitrof the ntarriase be-
ing discovered, he would forfeit his (Load B.'s) .
-friendship and patronage fur ever.
" appears to have been a man often in
.embarrassedencuinstatices, and ou the habit of so-
liciting pecuniary assistance frem Lord Berkeley. On
One af those occasions, not receiving the supply he
reqUested, he reproac ed Lord Berkeley with ingra-
nude. And now Lord B. hims. If asserted, that he
tor the first time, saw the toll extent of the dilemma
be had drawn himself into. Alt registry. of his
marriage he had every reason to belkve was destroy.;
ed. ' Circumstanced as I was (said he in a speech
made in the. Committee of Privileges, when tie sub-
pet of his marriage was before them in 170);.,,,1
could not in honour do-any thing that might-expose
him to punishment. What ,then was to be done ? In
case Mr. Hupstnan -toe, . or Mr. Tudor
should die, who ran more risks of death - from his.
public capacity, what then's.vould be,Ladyßerkeley's,
situation ? What pouf could she bring of her mar-
riage ? How be neard in the world ? As soon,
th.iefore, as the causes of secrecy were ,removed,
we were married again. I did not, however, risk
this .measure, till I had been informed by au emi-
nent Counsel • that such second marriage could
not hare the effect of invalidating the first, in case
the solemnization of tt could be proved.'
" This second marriage was solemnized in Lam-
beth Church, on the ioih of May, 1796. At-length
in Novemb.r, 1798, Mr. Hulmmau died. It was
suggested that though Ore ;;.egu ar entry made at
.the
tune of the marriage of Lord and Lady Berkeley
had been destroyed, yet that some traces or memo-
randum of it might perhaps be found, either In the.
Register, dr among Mr. Hupsman's papers. This
suggestion Lord-Berkeley determined to aft upon,
and accordingly,, early in. the ensuing year Mr. Car.:
rington,
.who had for sonic' years been tutor to Lord
B's children and had been presented by him to the
living of Berkeley, on Hupsman's death, went down
to Berkeley for the purp,se of searching fof any,
traces that- might remain, accompanied by a Mr.
Scrivelt, an assistant in the °thee of Mr., Bootle,
_Lord IL's solicitor. .

`.".Vhese Gentlemen arrived at Berkeley Castle on
the 7th of March 1799, and sending for the Parish
Registers, then in the custody of Mr. Lewis, the
curate', immediately entered upon a careful examina-
tion of them ; foe:soine time, however, without the
6rnallest prospou of success_ . At length, ou exami-
ning a teat that appeared thicker than ordinaJy, in
the marriage register book, it was discovgred that 1
two leaves had been. there pasted together by the •
edges, and on separating them an entry for the pub-
lication of - the banns :for Lord K.'s marriage was
discovered written on the inside of onebf the leaves •
so pasted together. Alter some turther search, the
marriage entry was also discovered, concealed upott
the inside of the cover of the book, upon the paste-
board. It appear.ed to have been written be..twten
hues written with ink fur the purpose, upoil the.
last blank page of the book, but the wrong side up-.
wards. The leafappeared to have been divided in a
line from side to side, without separation from the
binding. Another marriage. was' entered upon the
upper side of the sail* leat, on the part, eft uncover-
ed. The piece of the leaf covered, which contained
the entry was turned down on the pasteboard cover,
of the book like a strap, the writing downwards ;
upon this was pasted a half a sheet of paper, which,
to a slight observer,was effectually as a strap, and the
whole seemed to b,. the original cover of the book,
upon a part of which an old paper was stuck with
wafers. We were led terthe discovery by a small

pqcker or two, and a small_risCng iq the paper.---
Not knowitrg whether there tnight be any thing en- I
der, or 'if any thing, in what manner- it might be,l
placed, we happenedio 'Open the Vof tom of the book
first, kit was tried at the top but completely sepal--
:ated),;:hp.mthich meows we torethe entry froM•.the
book,iof „which invccrtain it had been part; by
comparing the parts separated, and the indents ex-
aaly fitting each other. Aiter taking a cor.recil copy='
we lett, the .entry faArlied to the corer of the' bwk
by a-blank leaf, or half sheet of pai)ct that -had been.
pasted on."
Such is the account of the discovery given by Mr.
Carrington.

-111ARKIBI),
On Mondly the 27fh ult. at Liverpool, William Dougll'
Esq. Lieutehant-Colonel 'of His Majesty's gSth Reglin°l,`
to Nlarianne,, (laughter of Thomas Tattersall, Esti: of L
ton- hill.

On Saturday, at Tiverton, in Devon.shiCe.-Wiliiam 11.0115•
font, hsq. ot -Ashley,' near Tiverton, to Miss Emelia ,
sey, second daughter of the late John lialsey, Esq. 0113°1/1'
bay.
On Sunday last, at • East Tilbury;-gns'gri Francis Lang!
horne, at till Royal Yurk Rangers, to Mary Aim; "it
daughter ,of Major jol:a Midgley, Cumnaandint,
Fort.

Yesterday morning, at the Parish Church of SI.
Cierkenwell, Alfred John Russell, Esq. of Gray
Susanna; only daughter of the late Mr. Palau' Josieo,
Hart-street, London, Merchant.
Lately, -in St. Mary's Churchi Clonmel; Ireland, Thor
mas Clutterhuck, Esq. of Kilgrogy, in the County of
perary, to Mrs. Drapes, fella ot the. Late Rev.' Robert DraPcs"
t Waterton!.

•
Last week, at Hall, Luke Cell, of the Royal Anil
to Miss Aim Weatherill. The bridegrootn had got a
of the Vicar on the preceding evening, and v, rapped it 11; ply
a five.guinea'note, b•ut lost bath -in h►s way home. I:`,t,'
were found next morning by a young woinan,,who very iitc.""
nestlY•took them to the Vicar's,- just at the dine wi►cfl t
s Idler arrived to relate Ins inistr:tione.