Star.
London, England, 1830-11-06 00:00:00

LAW REPORT&

VICE-CH A NCEL LOH'S COURT.

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The Court proceeded with bankrupt petitions to-day, but no case of
importance came before his Hormuz.
ROLLS' COURT, Nov. b.
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Tbis being the firstilay4theisfarritit of the ROLLS sitting after
the long •acation, the Court took petitions as usual.

ORWAT WILL CAIIIITTAIIIIAM V. wazeirr.

Some time previous to the commencement of the long menden an ap-
pikation was made to the Master of the Rolls, in ate to induce his
Honour to apply for the learned Judge's notes of the trial that took
place in this muse. Upon that application the Court adopted the
course suggested by the parties; and after some considerable interval
obtained the notes of the learned Judge, but such was their extreme
length, that it was impomible for his Honour, together with his other'
duties, to wade through such an immense mass of writing before the
long vacation, and the parties finally dotemined, in consequence of the
suggestimof the Court, that the application fee the new trial should be
postponed till November.
His Hoxoua, on coming into Court this day, informed the parties
that he had read every ward of the evidence, and of the summing up
of the Learned Judge, and was quite prepared to hear Counsel on any
day that was most convenient to
Mr. BICIZINTITH believed it was the understanding of all parties
that the application should be made on Monday next, &titbit day would
suit the convenience of the gentlemen of the common law bar (Mr.
Brougham and Mr. Pollock) who had to attend.
His Howousexpressed his willingness to concur in this arrangement,
and appointed Monday next for proceeding with the me.
The Coca: disposed of between twenty and thirty petitions possess-
ing no public interest.
His Rowan, in the course of the morning, intimated his intention
of sitting in future at ram, instead of eleven o'clock.

COURT OF KING'S BENCH, Nov. b.
PLOCINZTT V. JONES, =Q.
This wee an action brought against the Marshal of the King's
Bench Prison, to recover the sum of 78L being the amount of a
debt fee which a:poson of the name of Treble was charged in his cus.
hay at the suit ot the present plaintiff, and ikon which custody he had
ears
hlVDenman and Mr. Kelly appeared for the plaintiff, and Ile.
Campbell for the detiodant.
The answer to the case way lint, the informality of the seine served
upon the Marshal to produce the prisoner, which was signed by a Mr.
Tooke, as the plaintiff's solicitor, and not by Mr. Dollman, the attn.
racy upon the record ; and second, that sines this judgment was obtained,
the plaintiff himself had become bankrupt. and that therefore if this
action was sustainable at all, it must be brought by the assignees.
Both these points were argued at cossiderable length, when Lord
TINTIIIILDIX said that he had a strange= upon them, but hi
would prefer reserving them for future on.
It was then proved that the prisoner bad, for some dine previously to
his escape, been entitled to his sixpences, and that the plaintiff had
about that time neglected to pay them-4nd when he to re.
Name the payments, which the Manhal refused, he had said that he
knew where Treble was, but he refused to tell the Marshal's officers,
who offered to recapture him, and lodge him within the walls of the
prison. He also said that he had agreed with the prisoner to take 20L
in satisfaction of the judgment, which was the reason be had not con.
tinned the payments regularly.
The Court held this to be a sufficient answer to the case, and ordered
the plaintiff to be nonrated.
Lord TINTO/MIN roes at half-past twelve, to attend the King's
Council.

ADMIRALTY SESSIONS Nov. &

(Before Sir C. Itonixsos. Mr. Baron BoLLAZD, and Mr. Justke
BOSAW€II7ZT.)
Jaw Hawkins was indicted for amualdng John Hayward, on
board the Lowther Gude East Inc Unman, on the 117th of June, of
St. Helens.

Mr. ADOLPEUS opened the proceedings for the prosecution at some
length, and explained to the Jury the importance of an assault on
bard of ship, where subordination constitutes the safety of the ship,
and all on board.

iiir:iOlinsoißarton an officer on hoard the Lowther Castle, es ex-
amination, stated that ;be prisoner was on the spritsail-yard, and bail-
ing his Majesty's ship Ariadne. Witness ordered him in, sod desired
him to come aft; this be refused to do, and drew alai& ad allempted
to stab the prosecutor, John Hayward, in the becks he, humane. only
cut his clothes through.
Oro...examined by Mr. Lzi..-411isre is mi sods polo( by the
prisoner against the witness. He bad bled deadest Ohs phi= bad
asked leave to hail the Ariadne, with ths bionden of itssZnid of
her. The witness admitted that be Wolk Wile the " " which
fastened his knife, and taking a taws with lest and his which
pow long under his chin, held him feet, and stanch eel a severe blow
the face, and the blood started met Es big Mod ihet die prisoner
was confined at fit. Helena with two Whim di& no dM not see Hay-
ward take the prisoner by the beard and As leak of Ms bead, and best
his bead against the deck. He saw blood about his lbse, but net about
his bead. He was afterwards put into Wm. He was delivered up at
the butanes of the.Governer of St. Helms.
Re-examined by Mr. Anommus.—The witness did not strike the
Fiume until after he had torn the witness's waistcoat. No more force
was need than was necessary to secure the plume.
Mr. John Gisbotne, chief mate of the Lowther Cud, that
he came on deck, and beard the prisonerusing a violent direst.deposed, He
then ordered the irons to be brought, and he them to be put on the pri-
soner. This witness deposed further as to thepneral violence of the
prisoner's conduct until he was put into eent. No violence
would have been used it he had not resisted.
_ _ _

Mr. Hayward, third mate.—Heard the_ fattener threaten Me. Me-
bane that he would cut his soul out. The wham then dosed with
the prisoner to assist in getting the knife; the prisoner fastened his
teeth in the witness's shoulder and
_passed his head behind witness's
back and cut five gashes In his jacket. The cats were made by se-
parate blows.
Cross.examined by Mr. Las.—The witness said, "don't hurt the
paw fellow' He was calling out at the time.
Several other witnesses were examined on the part of thqroesendon,
who merely corroborated the former evidence as to the nature and
cause of the assault complained of, and added, that the pelsooes was at
length subdued by five of the officers of the ship, and put into close
confinement.

No witnesses were called for the defence, and
Mr. Les addressed the Jury on behalf of the prisoner.
Mr. Justice BOSANQUET proceeded to recapitulate the materiel pert
of the evidence to the Jury.
The Foreman, however, rose immediately, and stated that they would
not trouble his Lordship, as they were agreed.—. They then returned a
verdict of Guilty.
bit C. Robinson pronounced the sentence agreed on by the Court, that
the prisoner should be confined in Newgate for two months, and pay a
tine of one shilling.