The Sun.
London, England, 1827-07-31 00:00:00

WESTERN CIRCUIT.-SALISBURY, JuLy O.

This morning:being appointed for opening the bu-siness
of the Assize for the county of Wilts, a very numerous body
of the gentry of the county answered to their names, when
the Grand Jury List was called over, and Mr. Benett,
M.P. for the County, was sworn in as Fore Man.
The CUIF.F.jUSTICE -began his charge by observing how
glad he was that there was so respectable an attendance of
the Grand Jury 'of the County, whence he concluded that
it would need but little observation from 'him to point out
those cases which would,requke their strictest attention--
The first was one on which he was desircus of speaking
with as much delicacy as the forms of law would allow, but
which, being against Christianity, as well as against the
law of England, required their veryl earnest attention.
Should they be at a loss on any part of the subject, he
should be happy to assist them. The - neat was one in
which death had arisen 'from furious driving; but he
thought that it could hardly ',e prO-ved to be mere than
manslaughter. The-great question would be whether the
death had proceeded from negligence, for certainly there
were trades in which the public had a right to expect that
the professors of them should be expert in the matters
they were undertaking. The next offence of which
he was about to remark was a charge of arson,
brought against a boy of a very tender age—no more than
twelve. Front his youth it Would be necessary for the
Grand Jury to consider, whether at the time he commit-
ted the offence, he was fully aware of the consequences, 'and
likewise, whether'the buiiding which he was said to have
.burned, came within the meaning of the lair. On the list
there was-a charge of cutting and maiming, which under
Lord Ellenborough's act had been made criminal, if com-
mitted under.such circumstances, that in the event of the
death of the man, the crime would have amounted to mur-
der. Jn • the. present case, he believed that it would be
found that the knife was not used until the prosecutor had
struck the first blow ; awl certainly where the blood was
excited by the provocation of a blow, any thing done im-
mediately in the passion, could not in the eye of the law,
be looked upon as murder. lie could not, however, but
Teel much iegret, that a knife should ever be used by_
Englishmen,. as the means of carrying- on a quarrel ; the
tine had been, when the gists were thought sufficient in
a fair. and open combat, and though considerable mischief
might at times have arisen from each a•inethod, yet never-
theless it was highly- preferable to a sharp and' deadly
weapon; • and while he strongly condemned the prize,ring
as disgraceful to any civilized couotre, yet he hoped ahat:
the spirit-of boxing would • always find encouragement in
England, for he was convinced that there would arise from
it a proper British -determination, which would prevent
courage from "degenerating into brutality, and 'would
secure men from the treachery of thbse whom they
might have offended. His Lordship then proceeded to
take a view 'of, the alterations introduced into the penal
code by -Mr. Peel's new acts, and bestowed vet'
high praise, Loth upon the manner in which that'
gentleman had gathered his information, asid the matter
which lie had upon, that infOrmation introduced into
his bills. It might perhaps; be thought that the Right
.Hon. Gentleman had not gone tar enough. in soma of
his changes, lint still so much good had been done
dry. the general 'alteration, that those acts, could not
be looked upon too highly.- In looking upon the calendar,
in general, his Lordship could not but see that crime and
vice were upon the increase in the comity of Wilts, and
feared that the peasantry could no longer, as heretofore,
he styled ,their country's pride. Much, however, he was
convinced might be done towards restoring them to .that
amiable distinction by introducing regularity, order, and
self-esteem among them. The peasant ought not to feel
himself dependant on the poor rates for an additional sum
to thet paid him for his own labour : it tuck away from
him the feeling that he ought to have, of being able to main-
tain himself, and made him look to others for support. The
great thing waster make them feel as their fathers had done—
th at the bread purchased by their own earnings was
,3weeter
than any that could begieen them. It was a mistake to suppose
that the prosperity of a country was displayed in its fine arts, or,
its literature, or its accomplishmentsl—these; indeed, were
the consequencet of its prosperity, but the cause of that
prosperity was to be found in the poorer classes being in a
flourishing condition, and able to earn such a competency
as should not only meet their present wants, but enable
them to lay up a little store for;the casualties of age and
accidents.

The Grand JUry then retired, but after a short absence
they returned, and, through their Foreman, presented to
his LordshiP.the.following resolution .
Resolved,—That. the thanks of.this Grand Jury be
presented to the Right Hin. Lord Chief Justice Beet, for
the able charge Which he has just,delivered to us.
"'That our foreman he instructed to' present the above
resolution to the Lord Chief Justice, and to, express: to
his Lordship our earnest request that he will permit his
admirable charge to be printed, in order that observations
so important may b? generally circulated, and that the
public may receive the gratification an,l advantage, which
an acquaintance with such valuable instruction cannot fail
to impart."
. The CHIEF JUS"TICF expressed his gratification at the
compliment paid to him, and regretted that as the charge
had been deliVered ex tempore, he had no note on the sub-
ject. He would, however, endeavour after the circuit,
when be should have more time than at present, to comply
with their wishes.

T FS V. COLLINS.

This Was an action brought by the plaintiff to rec9yer
the stun of 1237., which he alleged he had paid over to
the defendant. Mrs. Collins is the sister of *the plaintiff,
and during the life CMe of her husbarid,'LaWrs becatni in-
debted to him in the sum of 200/., in acknowledgment a
which, a promissory note, signed by the plaintiff, was given
to the estate of the deceased. From the evidence' of a
brother of the .plaintiff. it appeared that at his sister's re-
quest, he went to the plaintiff to ask him if it was con•
venient for him to pay time amount of that.note,.•on which
the plaint.iff paid over to him the slim di 1231.,
which..aum the defendant lent to the brothel., who made

I
the demand in her name, and who afterwards became a
bankrupt, the same sister being , the 'petitioning credi.
tor. Shortly after this transaction the executors of the
late Mr. Coains's. will applied to the- Plaintiff-for the
estate ; upen which the plaintiff offered to pay 77/.,
full payment of the 200!. bill, as due from him to the
alleging that he had already paid over• to Mrs. Collins the
other however, did not satisfy the ex-
ecutors, I
rs,%ti l.This answer,
d they ace 9, di gl y brought 'an action for the
whole amount against the plaintiff, at the last Wiltshire
assizes, when they recovered. Finding, therefore, that in.
the eve of the law, the payment of the money to the widow,
was not a payment to the estate, the plaintiff brought the
present action to recover the 10/. made over to her through
his brother.—Verdict for the plaintiff—Damages 1931.
In the course of this ease, when Mr. Sergeant WIL6E
was replying to the evidence for the defence, which had
been brought forward by Mr. C. F. WILLIAMS, the
Learned Sergeant suddenly burst from some comment on,
'the testimony; to exclaim, "Mr. Williams, if you want to
act, you hail better get on the table."
Mr; C. F. WILLIAMS.'—I was not acting, Sir ; 'and it
is an insult to use such language to me.

• Mr. Sergeant Nlrri.nE..-1.-Well, :Sir, you were throwing
Up your eyes and hands as if in astonishment of what I
Was saying.
, Mr. C. F. WILLIAMS--I was. doing. no such thing;
but yon have such a flux of words, as you supplied the term
last night, that—
Mr. Sergeant WitnEOli, you are very welcome to
the term ; but if you were not acting—and of course you
were not—something flitted before my eyes; and led me
astray.

Mr. Justice BURROUGH mediated between the contend-
ing parties, and these angry signs" of war returned to a
quiescent calm, through which the Learned Sergeant pur-
sued his address to the Jury.