The Sun.
London, England, 1828-08-18 00:00:00

(FEO3I THE EXAMNEA.)

ABSURD AND IMMORAL FALLACILS.—A philoso-
phical writer has truly remarked, that men are more
the creatures of habit than of reason, and if we are
accustomed, from our youth, to hear any kind of
sonorous fallacy, we are apt to receive it unexa-
mined in age, thinking as little of criticising it as we
should think of criticising an old song. In every
place some of these rotten sentiments, which pass
by prescription, are to be found established in the
authority of maxims. We go into a theatre, and
hear of the glory of dying for one's king, and the
sentiment ese4pes a laugh, because, being ancient,
nn one considers the monstrous absurdity of dying
for suchan article as a king ; but, in truth, mew
would as soon think of dying for their constable as
their chief magistrate, and for all practical purposes
it were more reasonable to die for Sir Richard
Birnie than for King George; these things are,
however, not thought of in this manner, because
they are not thought employ a
of at all. Men fine
phrase of ancient acceptation, W..i.thoutuiidea
of
the character of tile action it would represent. The
John Bull, we remember, some months ago, Vowed
t insignificant of the
it was ready to die for the
rno,s which are the royal
King's prerogatives, amongst.
,aendthetihlewiansoiaetnymoifi
perquisites of entire sturgeons i
whales caught in our seas.
professing his readiness to vindication of his
Monarch's blubber, or his sacred claim to a bad fish.
But people listen to these nonsenses without
fact, any
.n
perception of the absurdity. The words,
receive a kind of translation ; they do not sug-
gest to the hearer any fancy so unreasonable as
dying for a King, but the idea of a proneness
to lick his feet, which, with a community whose

first, object mid honour •is gain, ,ieredeemed from
contempt by the forecast of the. advantages that may
he consequent on the disposition. Shakspearc, who
so well knew mankind, makes the physician in
ilfacbeii say, " That not even profit shall bring him
ggain to Dunsinane." He would have made the
same person ,talk of the service of his King.as his
grandest motive,and to it was; that partimdar service
representing. the greatest sordid advantages, which
are yet infetior in force 'to the consideration of per-
cocci safety. , Thus much for the clap-trap of the
theatre. In the Court of Justice, the unscoffed, be-
cause
unexamined, fallacies are still more abundant.
The Judges'speechesi en passing sentence of death,
are all modelled bti One plan-, and the ghdn of reli-
gious ptetension they contain has sanctioned a moun-
tain of vicious inorality.,, to show the force of
habit; we rritiikly confess tnat we have over and ovir.
again read these af.3.dresses, holding forth on the
blessed opportunity of repentance, without peiceiving
the. abominable tendency of the doctrine, till it was

a few days ago exposed by the Editor of the Msrn-
ing Chronicle. In fact, we attached no more idea to
the words of aJudgesS speech than to the ding-dong,
ding-Aoliz, of a tolling bell. In a certain space of a
report, we expect to see that the Judge puts oti a
black cap, is extraordinarily affected, gives the pri-
soner's body to the executioner, and his best wishes
to his soul; of the little apogiatura flourishes which
set off these notes we had scarcely thought, till the
effect of the tune was analysed by our Contemporary
in this powerful article, which ought to strike the
Bench with shame. The obduracy of habit, how-
ever, is their defence against any such prickings. The
ass's hide is suited to his obstinate quality :--
" If the expectation of punishment hereafter be a doc-
trine calculated to promote upright conduct here, we ought
to be extremely cautious how we hold out to such criminals
as murderers the hope of their salvation by their repent-
ance. The Judges, however, act as if they deemed it a
part of their duty to say all the fine things they can think
of to persuade the. criminal that . the gallows will be but a
step in the ascent to Heaven. They do not seem to be in
the least aware that they are exercising their humanity at
the expence of the morals of society. It never can be the
interest of society that the horrors of the situation of the
murderer, or any other criminal who forfeits his life to.
the law, should be mitigated by a mawkish sympathy.--:
We cannot, by anything we can do here, change the demi
either for better or worse of the man entering on another
stage of being; and the hopes held out by the Judge can-
not, any more than his denunciations, affect the criminal's
fate. But the consequence to the criminal himself is not
the question; but the consequence to the hundreds of
thousands who read what falls from the Judge, and who
may have their dread of crime shaken by the idea that re-
pentance is never too late.

" ' You sent (said the Lord Chief Baron, in addressing
himself to William Corder)—you sent this unfortunate
woman to her account, without giving her any time for
preparation. She had no time to turn her eyes to the
throne of grace for mercy and forgiveness; she had no
time 'given her to repent of her many transgressions; she
had no time to throw herself on her knees, and to implore
for pardon at the eternal throne. The same measure is
not meted out to you; a small interval is allowed for pre-
paration. Use it well, for the scene of the world closes
on you ; but another, and I hope a better world, is open-
ing for you. Remember the lessons of religion which
you received in the early years of your childhood ; consider
the effects that may be produced by a sincere repentance ;
listen to the advice of the ministers of your religion, who
will, I trust, console and advice you how best to meet the
sharp ordeal which you must presently undergo.'
" His Lordship evidently believes that the prospects of
Corder are much better than those of the woman he mur-
dered, and that the day or two at most of preparation al-
lowed him give him a grestadvantage over his unfortunate
victim. What an idea of the Almighty is here conveyed
in the supposition that allowance will not be made for the
circumstances under which this poor young woman was
hurried out of the world, and that the brief and question•
able repentance of an individual placed in a situation in
which he can do nothing else, gives him a better prospect
of future happiness."

The causation:is, indeed, adMirable. By the very
act of Corder, which, places the sin charged, and the
unrepenting soul of his victim •in jeopardy, he is him-
self indebted to the opportunities of attaining a state
of especial grace. Had he not killed Maria, refusing
her the advantages of penitence, he might himself
have died a hardened profligate, wanting the advan-
tages of penitence. According to the Judicial Di-
vine, -by the act so fearfully endangering her soul, he
in effect secured the salvation .of his own.
‘ It is (continues the Chronicle) for the interest of
society that not a ray of hope should be held out to those
men whose liVes are forfeited to justice on account of atro-
cious crimes. The Judge has nothing to do with the
feelings or the prospects of the criminal ; lie acts for the
good cf the community, whose organ he is. As far as the
future fate of the individual is concerned, as we have
already Miser% ed, his eatopassion and his severity are equally
unimportant. It is, therefore, a pure piece of supereroga-
tion. He is not called en, like a Catholic Priest,: to give
him a passport with his extreme unction."

This i; the general argument we have always
held : the care ofjustiee is the security of the com-
munity; imam° concern for the criminal, either as
regards this world or the next, should be suffered to
interfere with the main object. - This policy is the
fruit of a humanity of the widest range, a humanity
which, by wholesome examples in the persons of the
guilty few, would provide for the safety of thousands
of the unoffending. There are weak persons, how-
ever, who are more moved by the idea of the present
sufferings of one criminal than a'regard for the well-
being of a whole society. Such is the difference
between the narrow sphere of emotion and the steady
purposes of philanthropy.

SUMMER ASSIZE INTELLIGENCE.

WELLS, Auc. 16.

Sarah Mitchell was indicted for the, wilful tnurder
of Joseph Mitchell, her infant male child, at Shep-
ten Mallet, on the 16th May last.
Sarah Wilkins was in Shepton gaol on the day in
question, and saw the prisoner when first brought
in ; the prisoner, who had then her ehild in her•
arms, was put into a receiving cell by the matron ;#
witness went to the cell, afterwards, and when she
approached the door, the prisoner said, "Man, open
the door;" witness told her that the matron would
be there presently, and that she would then be taken
out and cleaned ; the prisoner then said she had just
been put to bed, and had a very pretty child, and
that it was dressed and all; the prisoner was unable
to open the door, and witness opened • it, and when
she dig so, she saw the bed taken off the bedstead,
and lying upon the floor with the child upon it;
blood was running out of the child's ear ; the pri-
soner was nearly naked; she was -sitting near the
child; witness said, "the woman has murdered the
child ;" the prisoner said she had not; witness took
up the child, and carried it into the kitchen; just
before that time witness saw the child sucking at its
mother'S breast; witness asked the prisoner how
she came to murder the child, and prisoner answered
" that is nut your business ;" the prisoner then said
she had better kill her child than kill herself, and
site afterWtsids said it was not the first bad thing she
had done, and that there was not one who had not
been " doing some fault." She also declared that
she had killed a female child 16 years ago. Witness
had heard the prisener call her own child Joseph
Mitchell. Prisoner told witness she had taken it by
its heels and dashed its head against the bedstead.
• . Cross-examined—The prisoner Was sick when
put into the cell; she was sick from having drank
some beer.

Mary Brown was in Shepton gaol on the 16th of
May; in consequence of something she had heard
she gent to the prisoner's cell, and met the last wit-
ness, with the dead child in her arms; the blood
was gushing out of its ear. Prisoner asked witness
for a pinch of snuff, and witness said she had none ;
prisoner said, if witness would give her a pinch of
snuff she would take witness to the cell, and show
ker how it was done.

John Bird 'the master of the workhouse, at Frome,
stated, that in April last the prisoner had been
brought. there in a state of such violent derimgement,
that they were obliged to put her on a straight
waistcoat.

Other evidence Was given to the same effect, and
the Jury immediately acquitted the prisoner, on the
ground of insanity.- She N 1 as then ordered to be

conqiied till his. Majesty's pleasure regarding her
shOtild be known.
iltomas Baker was indicted for having received a
a stolen horse, the property of Wm. Smallpiece,
knowing the horse to have been stolen.—Acquitted.
7Viwnes Broome, aged 24, was charged with the
manslaughter of John, Burnell, on the 17th of July
last.4.—The Jury found the prisoner. Guilty of the
ManSlaughter.' •
Mr. Justice PARK said, that although the-
prac-
tice iof baiting. had received the sanction of high
judicial authority, yet he (Mr. Justice Park) would
never cease to consider it as illegal as brutal. , The
Conduct of the prtsoner had been, however, much
mitigated by the violent provocation which he had
received from the deceased. He was sentenced to
14 days' imprisonment and hard labour.

GLOUCESTER, Auci. 16.
_ HALL V. ROBERTSON-.

Mr. RICHARDS opened the pleadings, stating that
John Cuthbert Hall was the plaintiff, and James
Robertson was the defendant. The declaration
charged, that before the grievances therein com-.
plained of, the plaintiff had made proposals of mar-
riage to one Ann Rich, the daughter of John Rich,
which proposals were accepted; but by reason of
certain defamatory words spoken by the defendant,
the said intended marriage was broken off.—The
plaintiff was nonsuited.

DANIEL V. ROBERTSON.

This was an action of trover, to recover the pos-
session of certain jewellery and articles of wearing ap-
parel. The defendant pleaded "not guilty," and
non whninistravit.
Mr. TAUNTON said that the plaintiff was a gentle-
inun of the highest respectability, practising at the
bar, and a member of the Oxford circuit. He came
to this Court for the purpose of trying the validity
of the marriage of his daughter with the defendant,
Mr. James Robertson. He (Mr. Taunton) was con-
fident that the Jury would participate in his feelings
of regret en this melancholy occasion, when he in-
formed them that the last time he had seen the
daughter of the plaint l, he hadbeheld her in all
the beauty and health of youth, which by this un-
fortunate connexion .had been hurried to s prema-
ture grave. The object of this action was to recover
from the defendant a considerable number of trinkets
and jewels, and clothes, which he had possessed
himself of at the death of the plaintiff'S daughter.
Mr. Daniel (the plaintiff) had for some time resided
at Bristol, and he had also an estate at Tetbury, in
this county, where he had occasionally taken up his
abode, and last year he presided for scme time .in
Gloucester; when he came here, he had the mis-
fortune to take up his abode in Brunswick-square,
near the Spa, and near the residence of the defend-,
ant's father, who kept a boarding and lodging-house,
and had formerly kept the Spa Hotel. The defend-
ant was a fine handsome young man, with a person
likely to recommend him to notice. It was neces-
sary for him (Mr. Taunton) to enter into some de-
tail to explain the facts of this case. In December
last the plaintiff left Gloucester, having occasion to
go for a short time to the Continent; he was de-
tained there for some tune, but returned in the latter
end of the same month, and for the first time learnt
that his daughter, who had been one of the most
dutiful, the most affectionate, and most obedient of
children, was no longer an inmate of his house,but had
gone off with a man he had never seen before, never
heard of, and with whose'existence he was unacquaint-
ed. When the plaintiff left home, he left his daughter
now deceased, Miss Eliza Eugenia Daniel, with a
younger sister and a brother 12 years old, residing
in the house, He had not left them without a pro-
per protection, because her elder sister, married to
Captain Long, a gentleman of high family, lived
within a few doors of the plaintiff's residence. The
plaintiff was a widower, and in his absence his daugh-
ter occasionally went to dine at Captain Long's. On
the night of the 24th of December last, after dining
at Captain Long's, it would be proved that Miss
Daniel and her little brother, on leaving Captain
Long's house, were taken to a carriage drawn up hi
a back lane, with lights prepared, and the blinds
down, and between one and two o'clock in the morn-
ing transported, accompanied by the defendant, with
as much expedition as possible, to Bristol,
_where
the plaintiff's daughter, Miss Daniel, was married
to the defendant, at St. Mary Redcliffe. The mar-
riage was by banns, and immediately after they re-
turned in the same way towards Gloucester. Be-
fore they got into Gloucester, Mr. Robetson, the
defendant, and Miss Daniel, with her brother, got

out of the carriage, and leaving it to pursue its
journey, they separated, Miss Daniel returning to
her father's house. Not a word about the marriage
was mentioned by the young lady--not a word by
the defendant. Miss Daniel dined that day at
Captain Long's, and it Was not till some days after,
when in consequence of some information he receiv-
ed that a private marriage had taken place, that
Captain Long made some inquiries of Miss Daniel,
which elided in her making the most unreserved
declaration respecting the above transaction, and
then it was for the first time that the defendant

came forward in the character of a husband, and took
his supposed or pretended wife away with him to a
cottage. where they resided till the time of her death.
—He (Mr. Taunton) would now explain in which
way he considered the marriage illegal. The lady's
name was Eliza Eugenia, constituting one Christian
name, as -much one as the other. Mr. Daniel,
her father, spelt his name Daniel, without an s at
the end of it, and so had his daughter; they were
known by the name of Daniel, and not Daniels.
The banns by which the marriage had been procured
were published at the Church of St. Mary, Red-
cliffe, 13ristol, a parish in which neither of the parties
resided; and though the law had decided that the
non-residence:of the parties in the parish where the
banns were published should not avoid the marriage,
yet, when coupled with other circumstances in a case
of this nature, it was entitled to considerable weight.
Instead of the publication of the banns being as be-.
tween James Robertson a::d Eliza and Eugenia
Daniel, :the .publication was as between James
Robertson -and Eliza' Daniels. The learned Quin-
se] then said, that the plaintiff having in Mardi last
received a statement that his daughter was dange-
rously ill, went "immediately to'see her, with all the
affection of a father who felt that his daughter was j
then in her last moments. , He (Mr. Taunton) did
not know that the plaintiff did not sit at the same
table with the defendant—he did not know that he
that he was not on friendly terms with him ; but
upon the death of his daughter taking place, he
would show that the defendant himself gave up to the
plaintiff the keys of the boxes in which those valuable
articles were contained which for Med the subject of
this action, and the plaintiff thought that all the
misfortunes had ceased with bet' death ; but when
he proposed that a plate should be put upon, the
coffin describing the deceased as the daughter of
Edward and Mary Daniel only, without mentioning
her as the wife of the defendant, the defendant
thought fit to make a demand on the plaintiff for
3001. On finding that demand was resisted, he re-
fused to give up the articles contained in the boxes,
and refused to allow the body to be removed, although
the plaintiff had offered to be at the expense of the
funeral. The plaintiff, finding lie was unable to ac-
complish his wish, in 'directing the burial of his
daughter, left the defendant's cottage, left the fune-
ral to be conducted by him, and was- compelled to
endeavour, their verdict, to obtain a restitution of
his rights.

Evidence was adduced to prove the facts men-
tioned in the Learned Counsel's statements, to which
I%,fr. CAMPBELL, for the defendant, replied at length;
after which Mr. Justice GASELEE having summed
up, the Jury at elevein o'clock returned a verdict for
the plaintiff.

John Harrison was indicted, charged with having
feloniously assaulted and ravished Maria .Powell,
spinster, on the Gth of June. last, in the parish of
Leonard Stanley.

Maria Powell, the -proseeutrix, said, I was 19
years of age in June last. My brother, Abner
Powell, is a married man, and lives at Leonard Stan-
ley, and I live at his house. On the Gth of June I

America.

went to lirinscombe, and I commenced my return.
I waited a short time with an old fellow-servant,
who went with me nearly half my way home. :On:
arriving_ at Dudbridge-lock, on the Stroudwater
canal, I saw the prisoner, and asked him the nearest
%way to Leonard Stanley. He said, if I followed
him
hewould show me; he was very civil till he
came to the road that led to his own home. He
then said he was going to Stanley-end, and left me
to go home. I continued on my way, and wished hint_
a good night. There is a footpath across across a
meadow which leads to my horse. When I got
about 20 yards into the meadow I saw the prisoner
coming after me, anti when he came up to me he.
said, " I think I shall go this way, as it is as near to
my home as the other way." He then took hold of
my arm, and said we'll walk together. I said I
will not, If we are to stay all night. He then let me.
go, and said, " Well, if you are determined not
to walk arm in arm, go forward." I then went
On for about one field's length, and he came up
and put his arm round my neck. I said, " you,
shall not do that; it is hard if I cannot walk along
without being interrupted by such as you." I.le
then went away very quiet and civil for some time,
and asked me to go to the King's head and have a
glass of something. I said I had had plenty where
I had been, and we got to Stanley Mills lie said lie
would kiss me. He tried to kiss me, and threw me,,
down. I resisted as much as F could, and cried out
" Murder" four times. This was before I fell. lie
then put his hand upon my mouthand his foot be-
hind mine, and threw me down with great violence.
I resisted all I could, but he said he was determined
to succeed before he left me. I struggled hard to
prevent his touching my petticoats, but was no more
than ababy in his hands. From the time of his first
toweling me,,to the time he left me, as near as I can
say, was half an hour. lam not sure as. to. the
time, as I was not quite sensible all the time. I put
up my hands, and hoped the Lord would have mercy
upon me. (The witness then described more mi.:.
nutely the commission of the offence). , When the
prisoner got up he ran away. I think he heard a
young man coming up : it was a young man named
Critchly. I asked' him to run. after the prisoner.
He said he thought it was my sweetheart. I, told
him the man had used me very
.wrongfully indeed,
and should be much obliged to him if he would fol-
.
low him. On going back about three yards to look for
my umbrella and gloves, I found a rule, which I took
home and showed to my friends. I was so weak,
that if I had not been supported by Critchly I should
have fallen. I went, as fast as I could, to Abigail
Fisher's. Critchly stopped behind, talking to a
young man and woman we met at a stile. Abigail
Fisher was in bed, and I went on home as fast as I
could. My sister said, when she saw me, " Good
'God, Maria, what is the matter?" and I fell down
on the. porch at the door. I told her I had been very
ill-used by some man, and I did not know who it
Was, though I had his rule to show. It was half-past
ten when I reached home. 1 had never seen the
prisoner before, but lam sure he is the man. I can
tell him by, his speech, and the way he takes breath.
Cross-examined by Mr. Ptilia..PoTTs-1 had a
glass of elder %lite, some tea, and a little beer at the
places I called at on the road from Brinscombe.
Thomas Critchley said, I am a cloth-worker living,
at King's Stanley, and remember being in the mea-
dows about half-past nine on the night of the 6th of
June last,. and hearing a stifled woman's voice, as if
in distress. I went towards the spot, and saw a man
and woman on the grass, about a foot from the path. -
They lay there till after I had passed for three or four
minutes. When I got about ten yards off, the man
jumped up and ran away. The prisoner was the
man. I saw him distinctly. I knew him before. I
then went to the young woman. She was much dis-
tressed and so agitated that she could scarcely speak.
Benjamin Barnes, a cloth-worker at Stanley
Mills, on the morning of the 7th June saw the pri-
soner near the spot where the offence was described
to have happened, looking for something in the grass.
The prisoner having declined saying any thing in .
his defence,

Mr. PHILLPOTTS called the following witnesses
for him :

Thos. Rawlins, the ostler at the White Horse in
Cain's-cross, said, I saw the prisoner on the evening
of the 6th June, from six o'clock till half-past nine.
Wall and another man were with him playing at
skittles. The prisoner's house is about a quarter of
a mile from Cain's Cross. The meadow in which

the girl was ill-used is in the opposite direction.
Richard Drew, the toll-keeper at Cain's-cross,
saw the prisoner on the night of the 6th June, at
about a quarter to nine, and gave him some beer.—
Saw him again about half-past nine, or near ten,
when he borrowed 6s. of him, and returned to the
skittle-ground.
George Harwood lived near the prisoner at Stan-
ley End in June last, and saw him on the 6th June,
at halfpast nine, at. Cain's-cross. I asked him it he
was going.home; he said he was, and we walked
together all the way to the prisoner's house. When
we got to the door, he asked me to go in, and called
his sister to bring his supper. That was about ten
minutes before ten o'clock.

Cross examined—l heard a neighbour's clock
strike ten.

Elizabeth Harrison said—l am the prisoner's sis-
ter, and remember his coming home with the last
witness on the night of the 6th of June. I wound
up my watch, and. it was then ten o'clock. I gave
him his supper, which he ate directly, and pulled of
his shoes and went to bed.

Daniel Harrison, the prisoner's brother, went
home on the 6th of June after all the family were
in bed. There was a light in .his sister's room,
which he went and took to his own room, where he
slept with his brothers, William and Stephen.
John and William slept together, and Stephen with
the witness. They were all awake, and he spoke
to them. No one could go out after that.
Mr. Baron VAUGHAN now proc-eeded to .recapi-
tulate the evidence. This was one of the most
extraordinary trials he had ever witnessed. From
the nature of the facts, and the contradiction of the
evidence, it was.one which required their most seri-
ous attention. The Learned Judge, after comment-
ing on the way in which the time had.been ac-
counted for by the different witnesses, said it was
obvious the offence must have been perpetrated
some considerable time before half-past, ten o'clock,
and concluded,by observing, that though there was
not the slightest reason to doubt .the evidence for'
the prosecution, yet if they believed the witnesses
for the defence, they must acquit the prisoner,
The Jury retired for about half an hour, and on
their return the Foreman said, they were decidedly
of opinion that a rape had been committed, but with
the conflicting ovidence which had been adduced,
they thought they must find the prisoner---Not
Guilty.

Mr. Baron VAUGHAN said, that under the peculiar
circumstances of this case, he felt it his duty to de-
clare his decided approbation of their verdict; at the
sametime be must say, it did not reflect the slightest
disgrace on the character of the prosecutrix, Maria
Powell, _

. _
The trial lasted from nine o'clock in the morning
till half-past five in the evening.
The prosecutrix is a florid-looking girl of slender'
make. The prisoner, who is a stout man 'Jf the
middle size, was quite unmoved during the trial,
except two or three indications of a smile, which
he occasionally indulged in at some parts of the evi-
dence.
This case attracted considerable attention, and the
facts of it closely resemble the case of Abraham
Thornton, who was tried and acquitted of u similar
offence some years ago on.the Midland circuit, 0,,
which the almost obsolete wager of battle was after-

wards brought forward.
Thornton, we believe, died some time ago

CARLISLE, AuGusT 14.
REX V. RUSSELL AND OTHERS.

This was an indictment for a nuisance, in placing
certain erections, called staiths, in the river Tyne,
and thereby impeding the navigation of the river.—
A similar indictment was tied three years ago at

v.
THNE
York, before Mr. Justice Bayley„and,the defendants „4 T., -u
were acquitted. A point was on that occasion re- „iv,
served for the opinion of the Court of King's Bench, 74,0 Tr,
and after a long argument the Learned Judges were tiv, Hun",
equally divided in opinion. No decision therefore Tour nun
was given, but as the question was of so much ire- .Ipolfun
portance to the port of Newcastle,. it was deemed .40r.ty 7
advisable to prefer a fresh indictment. The venue To IN
was changed from Northumberland to Cumberland, 't,beptfor
on the ground that an impartial verdict could not ZeSepto,
be expected from a jury selected from the former
anc:l.t.l.
county. . •
he PrOclt tohe
Mr. BitouGnmq appeared for the plaintiff, and Sir isiee(
J. SCARLETT for the defendants; and after both had 0/74. Co,
been heard at great length on the case, which bad each T
only a local interest, &ad be del
Mr. Baron HULLOCK briefly summed up. att.! t 4
The Jury then retired, and after an hour's deliber- oyhis leti,
tion, returned into Court; and delivered the follow-
ing verdict--" We find that part of the navigable ism
channel of the River Tyne opposite Wall's End CLogr
been narrowed, straitened, and obstructed, but that
FIPHE
the trade of NeWeastle has notwithstanding in-
creased."
SA
long-and animated discussion ensued in Court.- ut:th°lii e‘x.'
between the Counsel on both sides; as to the opera- It'e 22d it
tion of
.this verdict, Mr. J. WILLIAMS protesting ibioftt.tu
against its being entered as a special verdict. It was
at length agreed that it should be left to the Court- IRA
of King's )Bench to determine how judgment should
be entered up upon the verdict. THE
The Assizes terminated here to-day. They coin- • -
the
mence to-morrow at Appleby, where scarcely any ktesaT,
business is expected. On Wednesday text the coin' Tt eG„
mission will be opened at Lancaster. titrer's Pr
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NORWICH, FRIDAY, Auc. 15.
COSTERTON, ESQ. W. YETIS.

Mr. MoNrAott opened the pleadings.
The declaration stated, in several counts, that the.
plaintiff held the situation of water-bailiff in, the bo-
rough of Great Yarmouth, and that he was also col,.
lector of the port and haven dues at that port ;..aod
that the defendant spoke of the plaintiff and his con-
duct in those situations certain slanderous words,
imputing .to the plaintiff that he had been guilty of
peculation and delinquency.
The defendant pleaded, first
,the general issue,,
and secondly, certain special pleas, in substance,.that
a certain warehouse, belonging to the corporation,
was under the management of the plaintiff in his
situation of water-bailiff, and that he received the
sum of eight guineas as the rent of such warehoUse,
which he ought to have accounted for to the corpo- •
ration, but which he appropriated to his.own use.
A variety of witnesses, and among them the cele-
brated Captain Manby, were adduced to prove the
slander, after which

The LORD CHIEF BARON briefly summed up, and
the Jury retired, and in a few minutes returned,
with a verdict for the plaintiff—Damages 75/.

SHIPPING INTELLIGENCE.

The lio