The Sun.
London, England, 1818-01-26 00:00:00

DEPLORABLE CASE.

On Saturday night, an Inquisition was taken at
the sign of the Apple-tree, White Hart-yard, St.
Mary-le-Strand, before HUGH LEWIs, Esq. on
the corpse of John Connor.
On the Court being opened, a Gentleman, who
said he lives in the Strand, stated to ihe Coroner,
that in consequence of a report that the dece4sed
was maltreated and turned not of a notorious bro-
thel, kept by Mrs. Bates, 35, White Hart-yard,
he made personal impiry respecting him he
found that he had lodged at the house of a milk-
man, named Crevy, in Wild-street, he had been
formerly in respectable circumstances, but his
wife having died, leaving hint with a largeifamily
of children, he was reduced ; three of his daugh-
ters untortunately became prostitutes. two of them
are now gentler sentence of death in Newgate, and
the other is harboured in the house of Mrs.
Bates, where the poor man died. lie was 52
years of age.
The Coroner told the Jury, that ender these
circumstances, it was a• rise which, required their
particular attention. Their first duty was to-take
a view of the body, and .hserve if there Were-airy
external marks of violence thereupon. The Jury
viewed the body, which was hid, on a table in
another room in the house, it was quite reduced
and emaciated, hut there were no external marks
of violence upon it:- Having returned to the
Jury-room, the following evidence was adduced :

,A) r. John Dclt►am, NO. I I, Bartholotnew-close,
pirrasol and utubrella•maker, deposed, that at
sev.ii o'clock on Friday night, he was going up
Drury-lane, and saw ihe deceased fall upon the
pavement at the end of Clare-court ; he assisted
him in getting up ; lie Was very weak, and ap-
parently deprived of utterance. A mob collected,
amongst whom was a young woman, who said
the deceaSed's daughter lodged at Mrs..Bates's
bowie,- No. 35, White Hart-yard ; he was ac-'
cordingly carried there, but Mrs. Bates refused to
take him in. At the suggestion of witness, Dr.
Statvon; of the Strand, was sent for, who came
as soon as possible, but the deceased expired be-
fore his arrival.

Elizabeth Scolfield, servant to Mrs. Bates was
examined. She said he was known there, and
that his daughter lodged in the house. She did
not know whether he: had taken any food since
Tuesday, except one basin of gruel.
The deceased's daughter, who lodged in Mrs.
Bates's house, said Mrs. Bates refused him being
taken into her room. She adtnitted being a pros•
finite, only sixteen years old; her sister, who is
only thirteen, is also upon the town. The de-
ceased did not encourage them, but on the con-
trary, he often said they broke his heart
The Coaumme addressed thiS girl in . very af-
fecting terms,-, and the -Jury returned their verdict
—Died by the 'Visitation
.of God. -

CORN-EXCHANGE, JAN. 26.—We had a good
supply of all kinds of Grain this morning, and
Fine Wheat sold on- the same terms as this day
week ; but ordinary was dull, and from Is. to 23.
per quarter lower ; R) eis rat her more in demand ;
Fine Wirley supports its prict, but ordinary is
dull, and 24. per quarter cheaper ; Fine Oats sold
at last ?►londay's l,t ices, but ordinary was dull„7--
In Pease and Beans there is no alteration.

On Friday the•remains of the htte Right lion
GEORGE Rose were brought from Cuilnells, and
interred in the family mausoleum tinder the Coun-
tess of Salisbury's Chapel, nt Christchnrchop,
NuthetOu'i••'applieations Were made hy th'e•
homing Eentry for their carriages to join in the
general procession ; it however being the wish
of the fatnilyithat it should be conducted as pri-
vately as possible; this mat k of rtspect was de-
clined; and ottly iris own coach followed. A great
concourse-61pe.ople attended to_witness the iiiter-
it.ent. The high 'estimation in which this Gen-•
tleman ire, held., and the sevete loss the po,,tof
the oeighbo'nrhood, as well as the country in
general, have sustained by his death, will heloPg'
abet sincerely regretted.

THE COUNTRY:

; • .
ON tnE POLVY R 4OR ( ONIMUTATIOI4
OF THE I).VTY ON COAL.

TO THE EDI mit OF THF SUN.

SIR,--At the present time, when. the Vng!.
:door- is Duly be inning to recoyer from the
effects of long, arduous and expensive war,
every reflecting mind must h aware, that it iy
only by a wise and proper direction of the tra,ling
capita l that the revenue can he 'permanently lin-
pioved, and the country relieved 'font the bur-
dens. 'necessarily, n'eca'siotiviri) • tale 4.• "1-‘ It tliere-
.). • . --`! •
fore the duty of every -lustAl anirrivri-7
Otlc iiixn to aid ti,e. laudable exertions'i,f--His
Majeily's t, by suggesting whatever
may appear useful towards iniproving and calling
torth the great resinrrees-o-f-the soil, and of the
industry, enterprise', anil—perseveraneet'of-:".:ithe
people, - • • - • •
believe it is
euniversally, admitted, that one
.
source 'Of our prosperityt" as aThainii, aris'e's
front our -Coal Mines', and the advantages pro'-
ceeding (nip) this great canse,of are much
enhanced by the Coal being distributed in various
places of. the' ;country by 'Wat'ef ca
Many other parts `-of tli:e world are-eitally
6tvou're,l by ,the ;possession, of uCoal, but Abe, a 1...
vantages are miich eirctonsetihed, if not .
by AiStani/from-Wa--
cilrriage,- or 't-ftit 4,17-tli•erii,eotitit ries use nre--'af
the *COM confined • -

It • is thy, piti•Fise. to.. 6111 'lie iifientiOn 'of the
public , tO a consolerattan 'of the'gretit *irolm
11t-
-o•• oy
porttint tiirestiotia,..evie!no-t•er "
we have made the
midst of i
.lilg krea welikfl is ma-
r`
ritime power.; w let ier ogr
,regtioatoot respect-
• •
ing COtilshaye i4e.n.se'of it 'itt
4111 of oar in in every pall of the
•• :ocs.
kingdoth'; to iniptoole the soil d
hete use of
lithe, and other manurei'dtipendapt ou lilt!, could
be Profitably employed.; and whether we have
availed ourselves, to its utmost 'extent, of the
adiantages possessed by the coasting trade Ia
Coal, as a nursery of sea'rneu.
The importance of Coal to our manufactories
is so well known; that it seems supei litmus to offer
any observations in proof of its utility ; but it
, seems not to have been sufficiently considered,
that it is not alone by the use of the steamsen-
gine, by the necessity of fuel in it on Mattufacto-
ries, and other peat operations, Whielf by their
event and magoit ode obtrude thenotelvia On the
public ob,ervation, important as tlie.k."Etrt;"that
we derive profit front Coal, It is'ffrs'ci;'ruoilek
less observable, of vital cottSgtiit'etiCe• to every
man•ifactory in the klngdotit.
In the eloathing coontleg,—tritich coal is ter
onired for the oneratipti of sciiiii•ing and'
the wool, for pressitiV cloth,'alik
for many other,iiinposs,. . •
forges, and ;an innionerabreli4 of yeetif'iiiilbns
arc dependant oit p:if; and: the.'..i,-aitnyy
_produce muSt.l)e:t.i•tzg..datec!...t;)y,..ts.j):l4,..,
It 1...a11110t escape t h eon os colltrf,nn
that p)lnti:acio,,r,ies crOw d t
tries ; 1111,0 fOk;llows, that in pi•opOrtsioi the
• ,•-• --• •••
use of Coat at stunk
.e?tpcnce son tle,eo,stolett
o over the cutory, sotlie matiolii6oriifsvroultrtes-0
he di troseil, I odepeti4lant , t here i!tii".c, of-Me
-f`
CreaSe.:pf c ,n`i•ellivtzt
in -.Every loath of view to iiii;C:l4l'
.equally over. thr . nl4;iltl
more easily..ipt ;
, dwellings, gat'dc.,Ps; Cc.. &e.: -itore Ftlit,venfe,Plly
,proentled.. an g y,ato .rca voila,
spdderi aputti no, of trade to
' ed.
by an onnatofallyTalioniraot polinla000l„
avoided, Vy
1 tributes ovey khe.,,\vjkOie-fpgddak.
I do pOr assert, tllri the:retti4ll:iifflie Cttai
duty wonki knot t)ie effe-c:t-: of Spreodlitg
Present Inalmfao.tofies over the' eotint.'ry.
Such a result' is 'not t,obe.exlie'eted; Jai( it t4.allt
have ;he effee-t c.encon.fagipg a !Pikes eire'a'sfre
field of operation.s... 11Ia.ny, tnanufa '61?•-• ctorieS, tha
roof on Coal in the lesser
,Ogt.e,.i.vt)tild. be
&Iced, by collideraiions
employed poptilation,o;rporr faelity or suhpty
provisions,. oriole., materiO4, to'settle in" pirrs of
the eountry..mord distant froth.Conl;,by which a
part at least of the pressuee of a. crowded
tion would be tlimitilsherf: I.4oCal.manticactories,
necessarily existing in every part Of the kingtforO
for local supply, would , be encoto•aged tins ex-
tended in usefiduess, The use of Coal as COnifoOri
fuel would be greatly inceased h , y a dionhiiisVed.
J, • . •
price. Lime woold be huroed fitiantt;y for ma-
Hare, in the eastern and soothern parts of tife
kingdom, which the present 4; ides :and 'reittiC-
lions operate tipao as,
use of the steaw-engioe'wniki '64'c)exio)iied to
many districts,. and makly
present it cannot he applied:: '4,lltese stiarcs. of
added constooptioo would oive a pronor(ionWte in-
crease. to the coastito trade; and
.coniccitieotly to
the trade in working" Coal, li; byirrl) 'Fin:iturneditite
and useful occupation ,vroilld beklfOrded Co Many
discharged seamen and labouring Met); '
The benefits that would arise froin 16Wering the
price of Coalal„4,necessary would he fel;
in every situatio'n that:affords eitiplovmeot for the
.lower classes.., k`oe',l:,li, so reasonable in price iri
the Coal 4sirictsoof
,Britain,, as to he 'scarcely
consitipro"iu theexiielices of a labOurino manta
(14'111.11y;*111ii riCauy town in America the same ar-
ticle ainpunts.n,eary,,, if not quite, to half the iv hole
.comblocd:expences ofJeuc4 a filthily in England.
`"phis it 11. that rocire than compensates' the di fft r-
elict o,f' price in pro Visions in England and Atne-
del, and keeps the price 'of labour`lOwer in the
furinr.• Is.. it nut, a
.great
_object to extend this
advantage as mach as. possible to the labouring,
class in every part of the kingdom ?
Another consideration Ft esent s it self of equal
natimmi'lin pin tamie, in the iiiiMense extension of
OK coasting. trade; the only desirable noesery cif
seamen, and the only means of preserving atnoog
those Seattleo legitim,ite British. feelings':
Everyofilcer of our gallant toidtinErolalled 11%;r
isaequaioted with the f.ct, seame-o;
who make foreiin voyaktes, Tose iiegrees
feelings'of atocliment to their country Witicl4 it
is so desirable they should preserve. that aftee
haviog trade
,seyeral voyage, abroad. they -lire
ready to enter into any, set vice, tb, which wbitn,

01,1:4-,11 rates nily induce tlietn. Hence
1, t grelt desertion from mar t‘ervice,vvhicb,
(hiring Ire late provided the American navy
warran! officers and ail the efiicictir part Of
titt-ir ships' companies. Hence We al.o find in
Inc niraiical critizers in the West Indies a great
r-opf.rtiOn of Poitish eentnerl, Mcii, who con-
ti.itte in the cbAstirig trade., are never kiln!: remov-
ed nt their friends and tin it homes. They Ire-
(ptentiy see ;Anil constandy coninionirate with pa-
tents and rela!imPt. 'FI it n'ttaclonents to their
home and their country are never interrupted or
vb.ited, while the nature of the navigation in
Which they are employed„ round an iron-hound
coast, in an tin•ettled and stormy climate, inures
then, to Gauger, faiivie and exertion,-that (1,, nor

tail to proche a sicilhd and hardy seaman, always
IlAnd to he employed in the service and defence
of a country he loves, and front which his attach-
ment, has never been weaned by long absence,
atid the lt,hits of a roving life.
The Coal trade, as it relates to our internal
prosperity, cannot he ton pinch encouraged. It
ought to be made as tree as air, in order to render
it useful to the full extent of which it isAinscep-
tilde. The Bonds necessary to prevent clandes-
tine exportation should be exempted from stamps,
fees, and every impediment that can he avoided.
Let us make the most of an advantage bestowed
by a beneficent Providence almost exclusively
On this happy land, to alleviate the preisure occa-
sioned by a long and necessary war. An increased
consomption of Coal trill benefit almost every in-
diVidnal in every part of the kingdom. The Coal
countries will be benefited by an additional sale ;
while that additional sale will enable them rather
to lower than to increase prices; it being all axiom
very well known and. understood, that all Col-
lieries are able to sell cheaper by having a larger
sale. The distant consumers of every description
will have an evident gain in reduced price and re-
lief from the duty.. The coasting trade, with all
its concomitant consumption of stores, will he
increased. So great a stimulus instantly applied
by a repeal on the duty on Coal, cannot fail to. be
beneficially felt by all ranks in the country.
The rinestion also arises, whether the restric-
tions on the coasting trade in Coal be not as ob-
jectionable from the evils they occasion, as from
the good which they prevent.
The Tax is partial, inasmuch as a part only of
the people are subjected to the payment.
It is oppre,sive,berause it is paid by those who
consume their coal with the freight added to the
cost ; while those who live in the neighbour-
hood of Coal have very little expence of carriage,
and are wholly exempt from the tax.
It confines our manttfactories to particular dis-
tricts ;' crowding an uninfornred population in
masses, into a smaller compass than is necessary,
and thele:tv rendering them more dissolute, and
consequently More unmanageable and mischievous.
In contemplating the great and immediate ad-
vantages of a repeal of the duties on Coal, with
a view to increasing the means and prosperity of
the country, and to the eventual improvement of
the public revenue, I do not lose sight of the
proximete necessity of revenue, and the inconve-
nience, perhaps the impracticability, of giving up
a pvt.t of the present revenue for any prospect of
distant advantage, however great and however
certain.

should,thetefore recommend a commutation
of this duty for another, that would present itself
free of the Many and great objections to the Coal
duty—a duty at once easy and economical in col-
lection ; general in its operation, and tliat should
replace to the' Trea.sury the full amount of any
!air -;.alculation of neat re‘enue now produced by
the duty on Coal.
The largest sum of gross revenue that has been
received from ditty on Coal, in one year, is Eleven
tiundrvd and Forty-two "Fhousand founds. No
fait account has ever been made of the expence
of collection. Such account it would be' very
difficult to make with accuracy, as the officers
who collect the Coal duty are not exclusively em-
ptoyed for that purpose. It k however well known
that an additional number of Officers of the Cus-
toms are kept at all the pouts wkrib the duty is
payable, and that upon the whole estaklishment
of the Customs the number of Officers is so ma-
terialy increased by this collection, ttlat it may
cry rattly be questioned, whether one half the
sum p id for coasting duty ever reaches the Trea-
sury.

Upon every principle of sound policy, a Tax
which requires 50 per Cent, for collection ought
instantly to be given tip—if it were liable to no
other objection. But the Tax 'in question, be-
sides having nothing to,recomtnend it, as a branch
of the tevenue simply, is liable to every objection
that has ever been rationally attributed to a Tax.
Should any doubt remain as to the great and
manifold 'advantages of a repeal of the coasting
duty on Coal, I would appeal to the example of
Scotland, where the duty was repealed by a COM-
. HIM at ion on home-made spirits about 25 years
ago. I believe every man in Scotland will allow,
that no greater or more valuable boon was ever
granted to that part of the Empire, by the Legis-
lature, since the Union. Much of the prospe-
rity of time agriculture, commerce and manufae-
tufts of Scotland, may be justly attributed to
tklat wise and humane measure; by which also
that country" was enabled to join with so much
effect in the great exertions of the late war, and
fo be less affected by the pressure than any other
part of the Emi.irc.
All the powerful motives' that maybe produced
for repealing the duties on the Coal Trade in
Great Britain apply also, and perhaps more forci-
bly, to Ireland, inasmuch as that country may be
said univerally to want Coal. The small quan-
tity and pectiliai quality tif the Irish Coal, must
always renderireland dependent on the mines • of
this island for her fuel.
The sinr:Cre intention of the Legislature, to
Mike the union a real and substantial union of
views atuf intere,t, cannot be better or more ef-
fectuallymani,ested, than in making Ireland a
pa" of the United Kingdom, not alone in name,
but lcy the reality of a participation in the greatest
of our natiO'nal advantages. We have most wisely
laid duties and restrictions on the Coal Trade with
all foreign countries ; and the sister island will
somsibly feel the advantage of being made a part
this kingdom, if we communicate to her the
benefit of our Coal to the fullest extent possible,

by removing ill duties anal impediments to the
transport from Britain to Ircian 1.
. . .

The Legislature have already dewoustrated their
partiality to Ireland, by imposing a more mo-
derate duty on Coal exported to Ireland than to
foreign countries. So• far, this was wi•e and
jest : but it is not enough that we demonstrate a
priferenre to Ireland beyond other countries. It
h•is now become-our du: y, as it would always
Bare been our interest, to consider Ireland as an
integral part of B:itain.; and to communicate to
Sher freely, liberally, and without reserve, every
advantage, oat oral awl acquired, that we possess.
For Gis we shall continue to receive that power-
ful 'assistance front Ireland which, in Lite ar-
duous struggle for our existence as a nation, was
given with all the energy. and good-will so strik-
hOy characteristic of that generous, high minded,
and grateful nation.
The British Coal Mines should be considered as
'he natural capital of a commercial and enter-
prising people, the source of their manufactures,
the very nervg of their industry; and it is sin-
cerely to be hoped, that one of !he first acts of
the ensuing session of Parliament will be to take
this momentous subject into consideration, for the
purpose of giving an immediate stimulus to our
home trade, our coasting navigx ion, and the em-
ployment of so many thousands of seamen and
labouters in every part of the country.

SPECTATOR.

LAW INTELLIGENCE. •

COURT OF KING'S BENCH, JAN. 24.

APPEAL OF MURDER AND WAGER OF BATTLE.

ASHFORD V. THORNTON.

[FURTHER ACCOUNT.]

This being the day appointed by the Court for
Thornton's coining up to put in his replication to
the counter-plea of the appellant, NVestminster-
hall was crowded at an early hour by hundreds of
persons, anxious to get into the Court to witness
this novel proceeding,. A few minutes before
nine o'clock the prisoner arrived from the King's
Bench Prison in a hackney-coach, in'the custody
of Gibbon, the tipstaff, and one of the under-
keepers. He entered the Court' by their [,,ord-
ships' private door, and thus avoided the crowd.
He was placed in the usual situation behind the
bar, in the centre of the Court, and directly be-
hind the King's Counsel. He was. dressed in
black, appeared in good health and spirits, and
was much stouter than when he last appeared in
Court.

. Wm. Ashford soon after entered the Court, ac-
companied by his Solicitor.
At ten o'clock Mr. Justice BAYLEY took his
seat, and the common motions were disposed of,
and several Attornies were sworn.

At half-past ten o'clock Lord -ELLENBOROUGH
and the rest of the -Judges entered the Court.
Lot d Ellenborough immediately called on Mr.
Clark.

Mr. CLARK—My Lord, in the case of Ashford,
appellant, and Thornton, appellee, I have to
state, that the appellant, William Asfoul, is in
Court.

_
William Ashford, the appellant, then presented
himself to their Lordships.
Mr. READER—My Lord, on the part of the ap-
pellee I have now to tender his replication, and
to move that it be read.—The replication was
here handed up to the Officer.
Mr. Justice BAYLEY—The defendant should
verify his replication upnn oath.before it is read.
Mr. READER—My Lord, the defendants affi7
davit is attached to the replication, and he -is
now prepared to swear it.—The affidavit %vas then
handed down to ,the defendan., and he was sworn.
Mr. LE BLANC then proceded to read the repli-
cation, which was extremely long, and in sub-
stance as follows :—lt was entitled, " In the
King's Bench, against Abraham 'Thornton, at the
suit of Willi>rnt Ashford." After setting forth the
term, &c. it continned—" The said Abraham
Thornton further saith, that notwithstanding
what has been alleged by the said William Ash-
ford in his counter-plea, he, the said Abraham
Thornton, is stil entitled to be allowed his wager
of battle against the said William Ashford, and
that he, 'Thornton, was 1101 bound to-answer this
counter-plea, inasmuch as there are still, and
were when the counter-plea was put in, strong
presumptke proof that he was then, and still is,
innocent of the offence with which he is now
charged by the counter-plea ; as at the time Mary
Ashford went to the house of Mary Butler, on the
mornitag of the 27th of May, at four o'clock, site
went there alone; that she. left it alone at
half-past four o'clock ; that she then walked
alone towards Longley, and was afterwards met
by ono James Dawson walking towards Longley,
still alone, unaccompanied by the said Abraham_
Thornton, who was not !War the spot, or in sight
of it ; and that about a quarter of an hour after
the said Mary Asittord was again seen, still alone,
crossing the Bell-lane, towards Longley, by one
Thomas Broadhurst ; that Ike road bete was
broad and straight for a considerable way, and had
he, Thornton, been near, Broadhurst must have
seen him, which he did not. And the said Abra-
ham Thornton,turther saith, that, on the morn-.
iag of the 27th of May, lie (Thornton) was seen
by IVilliarn Shaw Jennings and John Holden the
younger, and also by Holden the younger's son,
after four, walking on the road leading from
Bromwich to Aston, his own home and that he
was walking slowly and deliberately, and not in
a harrying or confused manner; and that on the
same morning he was seen about a mile further
on the same road, at ten minutes before five
o'clock, by John Heydon ; that he stopped and
conversed with him for a quarter of an hour; that
he was then- going towards his father's house,
near Castle' Bromwich ; that James AVoodeock
saw him in conversation with Heylon, and that a
person named James White saw him in Brom-
wich on the same morning, at 25 taioutes or
half an hour past five, walking towards his father's
house. And further, the said Abraham Thorn-
ton saith, that the distance from Mary Butler's
house to the pit, across the harrowed field, was
one stile two turlongs and thirty yards; and the
distance from the workhouse to the pit, one mile
and three furlongs ; and to Bromwich two miles
and upwards. The distance from the pit to

voting Holden's farm-horse, one mile seven fur-
longs and one httndred and seventy yards ; and to
the house of Holden the elder, one mile four fur-
longs and sixty yards ; bUt there was no foot-
path, and the. way was intersected with hedges,
ditches and other impediments. "that the clocks
at Mary Butler's and at Holden's had been ex-
amined by an impartial person IrOm Hirminghain
on the 27th of May, and the time between each
calculated, and that it was as hereset down; and
that the time of a quarter past four, when Mary,
Ashford left Butler's house alone, and of half an
hour before five, ‘‘ hen the said Abraham Thorn-
ton was at Holden's house, had• also been calcu-
lated by an impartial person by the Birmingham
time. That on his arrival at his father's how3e he
changed his coat, waistcoat, and hat, but that he
continued to wear the same shirt, breeches, stoek•
ings, and shoes, as he wore the night before. That
on being apprehended, he was taken before Mr.
Bedford, a Magistrate. He then stated whete hie
had been, and the persons lie had seen at different
times. His examination was taken down in writ-
ing, and he signed it. None of the facts contained
in that examination had been- contradicted ; all
the most important of them had been corrobo-
rated by evidence." The replication then proceed-
ed to state the particulars of the defendant having
been brought to trial at Warwick, on the charge
of minder and rape, and of his having been de-
clared by the Jury not guilty on either of these
charges. And further, that the Abraham Thorn-
ton and Mary Ashford mentioned at that trial,
were the Abraham Thornton and Mary Ashfoid
mentioned in the present appeal and counterplea.
And that the presumptive proofs of guilt men-
tioned in the counter plea were ah of them proved
in subs;ance and effect at the late trial at War-
ick. And the said Abraham Thornton►. further
said, that the presumptive proofs of innocence
which he had now adduced were much, stronger
than the presumptive proofs set forth by the ap-
pellant in his counter-plea ; and therefore he
prayed to have his wager of battle against the
said William Ashford, the appellant.
The affidavit of the defendant, verifying his re-
plication, was then read by Mr. Le Blanc.
Mr. CLARK—My • Lord, on the part of my
client, the appellant, I have to ask for time to
answer this replication.—Lord ELLENBOROUGH.
That is but reasonable ; what do you say, Mr.
Reader ?—Mr. READER. My Lord, -I
can have no
object r . CLARK. ' If your Lordchip pleases,
I will take till Thursday.—Lord ELLENBOROUGH.
Let Thursday be the day.
, The prisoner was then taken out of Court in the
same custody in which he entered. The Court
was crowded to excess.

• The Court then proceeded to bear arguments
on motions for new trials, which were destitute
of public interest.

SUSPENSION OF THE HABEAS CORPUS ACT.

About three o'clock Lord ELLENBOROUGH in-
timated that he had been informed that there were
some persons in Court desirous of making mo-
tions ; if so, he would hear them then.

A man of decent appearance, dressed in black,
with his hair powdered, then rose, and said he had
a motion to. make. He was not prepared• yester-
day. He had not money enough, nor was he rich
enough to throw away ten pounds in employing
others to represent his interests. •He wrote to
Lord Sidmouth to consult hint how he was to act;
hnt his Lordship declined an interview whit him.
He had applied to his Lordship (Lord Ellenho-
rough) with the same view, hut his
,Lordship had
said, that he was not a Counsellor ; that it was
not his duty to give. advice, but to sit as a Judge.
Under these circumstances he had again to pre-
sent himself to their Lork!ships' notice.
Lord ELLENBOROUGH—`‘ We cannot listen to
these interlocutory speeches from every individual
who may think prOper to address us. What is
the motion you have to make ?" The person hi
question: " My Lord, I beg leave to move, either
that I may be discharged from the rccognizances
into which I have been Forced to enter, or that 1
may be brought tt trial forthwith."

Lord ELLENBOROUGH—On what ground do you
move to have yourrer:ognizances discharged ?
(The Attorney-Genetal at this moment entered
the Court.)
Lord ELLENBOROUGH now asked the name of
the person who addressed him ?
The titan answered, John Johnstone.
Lord ELLENBOROUGH-1s there any rerogni-
zances of John Johnstone before the Court ?

Mr. Dealtry, Clerk of tbe•CrOwn Office, looked
among his papers, and answered in the affirmative.
Lord ELLENBOROUGII—Read the recognizance.
Mr. Dealtry then read the recognizance, which
was taken before E. T. Lyon, Esq. at the Castle
of Exeter, and bound thedcfendant J. Johnstone,
under a penalty of lOW. to appear in Isis Majes-
ty's Court of King's Bench ors the first day of
the present Term,, to anSkrer all and every thing
which might he alleged against him, and there to
attend from day to day until discharged.
Lord ELLENBOROUGH—NoW 'what have you to
object to t his 'recognizance ?
Mr. JOHNSTONE—I wish to state the circum-
stances under which my imprisonment took place.
I have prepared an affidavit on the subject, which
I ant desirous your Lordship should bear read.
Lord ELLENBOROUGII-1 yesterday explained
that there was no occasion for the parties wider
recognizance to attend till farther called on.

JoussToNE—l call on you to read my case,
which.is stated in the affidavit I hold in my hand.
Lord ELLiztgEoaotron—What object is to be
derived from bearing the affidavit '
Mr. JOHNSTONE—The object which I have in
view is to have my recognizances cancelled, or to
be.beought to trial as soon as convenient. I do
not mean to be importunate.

Lord ELLENBOROUGH-fit must appear that we
have a right to caned your recognizance before it
can be done. As for bringing you to trial, that is
not in our power.

Mr. Joil NSTONE-1 presume you will give me a
decided answer.

Mr. Justice 13AYLEY—Can you show• us any
grounds upon which we shill' he authorized in
drawing the conclusion that the recognizance into
which you have entered ought mot to have been
taken ?

Air. JOHNSTONE—I do not pretend to say that
there are any such grounds.
Lord ELLENBOROL'GH—Then you are in no

condi►ion to make this motion. Unless you "*„
spew us that your recognizance has been illega",
taken, we have no right to list-nrb it. We calinc3
have the time of the Court thus wasted.

Mr. JOHNSTONE—The object which I am d"
siroog of obtaining is of vast importance to me•

Mr. Justice BAYLEY—Your application is Or
liped to two things :—First, that you should be
'brought to trial forthwith. To this you have re"
ceived for answer that the Court have not tbe
bower to bring you to trial. The second thing for
which you apply is to be discharged from )7001'
recognizance, and upon this your ans‘ver has flee's
equally explicit. There is no ground upon which
the Court Can comply with this request, unless
yiiyr can satisfy us that your recognizance log
been illegally obtained from yon. You say y"ur
affidavit does not go to stew that there has been
au illegality in the mode of taking Your recq,Toi"
'Lance, consequently, we can afford you no redres#'
Mr. JOH NqToNTE—Then I must certainly beg -
the Court (as I shall remain in town, and be in at"
tendance from day to day, as my recognizance re'
quires) to allow me the means of supporting myself.'
It would not he prudent of toe to return to my fa'
mily, and still. to have this recognizance held over
my head. It is my decided wish, if my recog"
nizance can't be discharged, that I be brought toi
trial. In the interim, I hope your Lordships
afford me the means of living comfortably. 17(11.
Lordship will not think this request unreasonable'
Lord EL LENBOROUGH—Your appliration, if not.
unreasonable, is certainly an extraordinary oye;
The Court have no power to comply with you'
desire.

Mr. JOITNSTONE—Then your Lordship means
to say ►hat you refuse to grant any one of
applications.

LOH' ELLENBOROUGN—I mean to say what
have said.
The ATTORNEY-GENERAL now addressed tlkf,
Court as follows :—My Lords, I had no I,“tic:t
whatever of any such motions as those which Y°
have heard being about to he made this day, ,we
what I tierived from the ordinary channels of riv't
lit information, in which 1 saw reported tbBr
which occurred yesterday. In consequence ‘`
what I thus collected, 1 felt it my duty to atteo'
here and to state, that I have every reason to be-
lieve the gentleman who has been making these
applications had notice before he left Manch"tet
that his attendance in Court would not be re!'
quired.
Lord ELLENBOROUGH—Then the inconvenience
and expence of being absent from his family is at.
tributable to himself ?
The ATTORNEY-GENERAL-SO I believe, a 4
believe that every other gentleman who enter
%
into recoanizances under similar circumstance
received :like communication.

Mr. JOHNSTONE—I do not mean to deny that' f
Lord ELLENBOROUGH—TheIi (here is an en(', °
this business.
Mr. JOHNSTONE-1;1It I WiSh to state the natur
of the notice which I received.
Lord ELLENBOROUGH—R,eaIiv the time of tie
Court, which belongs to other suitors, .cannot be
thus trifled with. We have your motion, and hay
.
given you the only answer of which it is sus
ceptible.
sob-
Mr. JonNSToNE,Then must
Mit to the consequences.
Two other persons, named John Roberts att4l
SamuelDrutrunond, made sitttilar Motiohs,
were rejected. Other persons were prepared “;
bear the same course, but the -COMA would 00.
hear them.

The KING O. O!GRADY.•---On the 20th inst3lll'
the Irish JudgeS sat in the Court of Exchequer'
Dublin, for the purpose of pronouncing judgiliell
in this important case, as to the right .of ti's
a.
CHIEF BARON of the. EXCHEQUER , appOillto
person to-the office of Clerk of the Pleas, vsfs
by the death of the Earl of Bucxmcnamslll ,31-'
or whether the right was vested in the Crowli•-._,
,
The Judges were cagaged in delivering their 411)15
nions, when the CHIEF JUSTICE -of the ICIt'G
BENCH was attacked with sudden indispositto",;
which caused an adjournment, without thg.l
coming to a final decision on the question.

OLD BAlLEY.—Saturday 25 prisoners Fete
tried, one of whom was capitally convicted,
John Farmer, for stealing two pair of [)Dots
nine pair of shoes from Samuel Emtnens, privately
in his shop.

COWES, JAN. 24.—Yesterday a Gentleman Win
has been staying. at the Fountain Inn, came 0
horseback towards Mr. Day's stage, which ran:
into the sea; after quitting his horse, and givi:
it in. charge of John Urry (a tide-waiter in atiel'uti
ance), he ran to the end of the stage, and leape
into the sea. Fortunately there were several pc"
sons on the spot, by whom his life was saved.

ROBBEiIY.-011 Thurday night the coach:house
Of Mr. CALDECLOUGH, Broad Green nottSo
Croydon, was broken open, and the plate-gloss
windows of a barouche, a large quantity of Cdr.;
riage loarness, two saddles, and several articles 01
wearing apparel (belonging to the coachrnao),
were stolen.