The Sun.
London, England, 1817-12-12 00:00:00

CORBY N V. BLUNDELL.

'This was an action brought by the plaintiff,
who acted in the late North American War as As-
sistant Commissary-General, Against the defend-
ant, who tilled the °thee of Cashier in the Com-
Inissimy Department on that service, to recover
9371. 178. 7d. Halifax currency, which the de-
fendant had not accounted for with the plaintiff,
who was answerable to the Deputy C-Aumissary-
General.

Tl,e case was clearly made out against the de-
fendant, under circumstances of very strOug Stl9-
picion, and the plAintili had a verdict for V 34!.
l3ritisll currency.

sIaEIiI : s 'COtTR T , I~tc. i L

GILCHWIST V. MOTTLEY AND

• This day was fixed by the Sheriff of Middksex
for the assessment, by' a Special Jury, of the
amount 'of damages to be paid to the plaintiff, for
the injury he sustained by the publication in The
Hampshiee Telegraph the property of the defend-
ants, of a paragraph, reflecting, upon hit charac-
ter. The defendants suffered judgment to gO by
default.—On the meeting of the Court,
Mr. Setjeant COPLEY, for the defendants, put
in an affidarit from their agent, stating that Mr.
Robert Scott, the printer and publisher of the
Weekly Register, was a material witness, with-
out whose evidence they could not safely go to
trial—and that the 'defendants had., without effect,
used every means to procure his attendance.
Mr. BROUGHAM, for the plaintiff, ()bk. ted to
the post ponement.
Mr. rjeant COPLEY thought a refusal in this
case extreme cruelty to the defendants. The
plaintiff could not possibly lose any thing, by it,
for a day should be named, so as to save judgment
for pins' next Term ; and before that period it was
impossible be could have judgment.
Mr. GASELEE said, it was matter of courtesy on•
the part of the defendants to apprise the plaintiff
that they meant to call Mr.'Scott. •
Mr. IlitouGHam.—" We don't want courtesy—
all we want is practice."
The SHERIFF.—" YOH don't in this affidavit
undertake to produce this witness."
Mr. Serjeant COPLEY.—" Give us but one week
for that purpose, and we shall persevere in the
means' we have already taken to get at him."
The Su E IFF--" It is a mere question for the
plaintiff. I will not postpone an inquisition on
such grounds until I have the sanction of a su-
perior Coot t. I ant afraid to exercise this discre-
tion, and there can be no danger in adhering to
the general rule. If the verdict happen to be
given so as that you could afterwards prove a
great injury having arisen to you through the ab-
sence of this witness, you know very well the
course to take with such a verdict."

Mr. Sergeant CoPtAy.—" True, Sir ; but what
possible inconvenience can a lex days delay make
to the plaintiff, while the loss to the defendants
must he considerable ?" _

Air. GASELEE—" Surely the plaintiff may, if he
please, withdraw the inquisition, and why not the
defendant, when the former cannot possibly be
prejudiced ?."
The SHFRIFF—" I am afraid to set the pre-
cedent. The arrangment, it acceded to, must be
among yourselves."
Mr. Sergeant COPLEY—" See the hardship
thus imposed upon us. If we don't attend, the
plaintiff has his verdict ; it we do, we waive the
objection which we could otherwise urge. And
we are to be put in this predicament for no reason
whatever."

The SIIERIFF—" Can von strew that this wit-
ness is inatcrial ?"

Mr. Sergeant COPLEY--" Ife•is most material.
If a day be fixed by the other side, we will tinder-
take to procure hint ; or, it we fail, we shall con-
sent to go to trial."
Mr. HaottorrAst had no wish to do any thing
irregular. The plaintiff was present, and ready
to proceed.
Mr. Serjeant, COPLEY.--" Von cannot object
to a short delay. 1 ant now ready, on the part
of the defendants, to disclaim the paragraph'
which has given rise to this inquisition. l am
ready to admit that it WAS tiCa is untrue."
Mr. BROUGHAM.—" Yes, but this admission
comes too late to he of any use to the pliintiff."
Mr. Serjeant COPLCY again pressed for the de-
lay, saying, that the loss and expense of it would
necessarily devolve on the defendants.
Mr. liaotiGnAm, after consulting the plaintiff's
agent, acceded to the request.
Mr. Serjeant COPLEY then repeated, on the part
of the defendants, a disclaimer t,f
,the paragraph.
There was, he said, nothing in it true. The Pro-
prietors bf the Paper had been misled. He begged
this declaration to be understood in the most un-
qualified manner.
Mr. BROUGHANI.—" The plaintiff will not now
receive any disclaimer. He is absolutely dissatis-
fied 'vi; o any thing short of a verdict."

Saturday, the 17111 January, at 11 o'clock, was
then fixed. upon for this inquiry.

OLD MTLEY.—No trial of any interest took
place in this Court yesterday.

SMITHFIELD CLUB CATTLE.SHEW.—Yesterday
morning, at nine o'clock, the Cattle, Sheep, and
Pigs, all arrived, which were intended to be ex-
hibited for the Premiums this year, given by the
Doke of BEDFORD, the President, at the time
when the Club, from the disordered state of its
fudds, was unable to offer any Premiums of its
own.

SHOCKING ACCIDENTS B Y FIRE..--Wednesday
a boy named Joseph Statisom, aged four years,
whose parents reside at No. 15, Dolling-court,
Petticoat-lane, was.found enveloped in flames by
his mother. The poor woman had only. F)een ab-
sent a few minutes, and had left the child alone
in the room. The unfortunate boy was burnt in
a most dreadful manner before the flame.; could
be extinguished. He was conveyed to Middles...x
Hospital, and expired immediately alter his arri-
val —On the same day a little girl [tattled Esther
Hart, three years of age, whose parents live in
Harrow-alley, Petticoat-lane, was burnt in a most
shocking manner, in consequence of being left in
the care of her brother, a boy about seven years
of age, and who was playing at the street, thfot.
when his sister became a prey to the flames ; the
boy cannot'tell in ►►•l►at manner the accident hap-
pened. 'The poor child was conveyed -to the
above-namerl Hospital, without • opt of reeo-
very.e---On• the same day a boy named •Michael
Jewell, six years of. age, was dreadfully mangled
in the face, by the explosion of some gunpowder
with. which he, was playing near the fire, and he
Ns as conveyed to.the same hospital, a shocking
spect,aele.,
t»ild was .the temperature of the month of
November, that the bat was seen flying in the
neighboarhood of Edinburgh almost ever,/ night,
and eve►t ni•;ht-moths ‘vere observed in the open
air till the very end of the month.

'XECUTio'N of cliAniL,Es SAliTfi,

k;CTI. UnDE

Wednesday being the di!y aPPointed for the exe-
cution of.'eharl'es Smith, convicted at our last
Assizes, upon the cleartst evidence, ot the mur-
der of Charles Stewart, but wlio had been re-
, Spited until a. point of leteru his case was deter-
mined, nuMbeti of persons flocked into town trout
the surrounding neighbonrhood, early in the
morning, to witness the awful scene. The pri-
soner, who has itnitounly evinced the. greatest
Composure of whid since bis condemnation, did
not tort:go his firmness on this roost trying occa-
sion. When the stitith entered in the morning to
strike off his irons, lie was sitting smoking
pipe of tobacco, and very calmly bade libirgood
morning on his entrance and departure. Being
ot the Roman Catholic religion, he was attended
in his cell, and at the place of eKccution, by the
Rev. J. WoItSwICK. At ten o'clock, the tolling
of the great bells of St. Nicholas' and Sr. Ao-
drew's Churches announced the moving of the
procession from the gaol. The prisoner, as usual,
was seated in a cart, with a shell for the recep-
tion bf his body, and seemed attentively to peruse
a small book he held in his hand, never once look-
ing off it toward the surrounding multitude. It
*as, however, observed, that he never touted over
a leaf, so that his attention must have been con-
fined to a few lines. As soon as the procession
had arrived within a few yards of the gallows,
(which hail been erected that morning on the
Town Moor, a little above the in litary depot,
and on the opposite side of the road) the cart
stopped.' The clergyman then ascended the cart,
and joined in prayer with Smith, who appeared
to engage in it with the most devout attention.
This piece ot devotion having been finished, time
unfortunate man then stood up in the cart, anti.
addressed the spectators in a firm tone of voice,
to the following purport :

" As I am going to meet my God, I do declare that I never
shed the blood of Charles Stewint, nor that of ally human
creature, nor had I ever sticb intention, nor (lid ever such an
idea enter the niiiid, as I always had thu greatest ahhorrentss;
of murder. I dictate farthet; that I never either tliA, strut,
or knocked him down, nor ever st?i'died to borrow money of
him, as appeared in etilience against we : and as to the cir-
cumstances of the Stick being tinged with human blaaud, (tr
my boots, stockings, or breeches, I deny the whole."—He
here uttered some complaintS, that justice had not Veen done
him at the Coroner's Inquest, &c. &c. mkt went on—" But
I forgive all from any heart, and hope God will forgive them:.
My crimes I know are numerous, (Ind I' ash forgiveness of
those that I may have injured, and of the Almighty, whose
law I bate violated. 0n the Sabbath-day -I have made the
puhlic-house my temple, instead of the tellipie of the living
God ; I have squandered away my earnings, whfcli at one
time were 31. per week, in intemperance, to the great detri—
ment of my family. But if I have duce many had things, tiaank.
God I have thane some mood. I have always been wilting to
divide what I had with those in distress, as my neighbours
will bear witness. I have fed the hungry, cloat tied the naked
harboured the harbourless, and I trust, therefore, nay pour
wife and fatherless children may to,,et with some compassion
Ircm others, and myself mercy from God. I wiliin;ly now
offer up my death, together with the death of nay Divine.
Saviitur, trusting through the efficacy of his blood shed for
pour sinners, that I shall obtain tiie pardon of my offences.
I beg the prayers of all good Christians fur the happiness of
my soul."

Having finished this speech, -he again joined
in prayer with the clergyman for a teW Miufies.
The cart was then moved close up to the gallows ;
and the rope
.(a fterisome little difficulty, arising
from the noose being too small to pass freely over
his head) being tasteued. round his neck, he was
launched into eternity a few minutes before I t
o'clock, and died without a struggle. His lyody,
after hanging upwards of an hour, was cut downt
and carried to Surgeons' Hall for dissection,
where numbers of persons assembled on that and
every succeeding day during the lust week to
view, it.

Thus has this man paid the forfeit of his life
to the °trended laws of his country; and those
who recollect the 'particulars ot his trial, will not
readily suffer their belief of his being one ot the
perpetrators of the murder to be shaken by tire
dechration he has made. The circumstantial part
of the evidence produced against Smith was ex-
ceedingly strong; and when the declamation of
the unfortunate Stewart, who was pet fectly ac-
quainted with Smith, and identified him by his
voice, &c. as one of his assailants, is connected
with it, the comtemplative inind.cannot hut re-
flect with horror at the idea of a fellow-creature
going into the presence of his Maker, while ut-
tering what there is too much► reason to believe is
a string of falsehoods.—(Newcastle Paper)

ROBBERY AND SPOLIATION.-011 Tuesday night
the house of Mr. SOUTHORPE, No. 13, Stock well-
place, Stockwell, was broke open and entered• by
a gang of desperate villains, about three or four
in number, and robbed of property to a very can-
siderable amount. The property consisted chiefly.
of silver plate, of valuable hum, and wearing ap-
parel. The • thieves regaled themselves upon a
joint of meat and some apple pie. They were
not content with carrying off as much booty as
they were able to take, but they destroyed all the
property-that they had not the power of taking
with them. They broke'sgme valuable china, tore
the dresses belonging to the servants, threw the
tea and sugar about the lawn, broke the caddie,
but carried away the ,silvcr bacon. The property
stolen was of such vast bulk that it is supposed it
was conveyed aWay by horse and cart.