The Sun.
London, England, 1827-08-15 00:00:00

LONDON, WEDNESDAY EVENING, AUGUST 15, 1827.

LAW INTELLIGENCE.

•INSOLVENT DEBTORS' COURT, Alia. 14

Samuel Taylor was brought up on his petition
from the Marshalsea; he described himself as a tide-
waiter in his Majesty's Customs, and was opposed
by a Mr. Holland, for a debt of 5/.
Mr. Holland opposed the insolvent on the ground
that he was receiving a liberal salary from the Cus-
tom-house, from which he was convinced he could
well afford to discharge his debt.
Taylor would leave it to the Court to say whe-
ther he could afford to do so, when he had a wife
and four children to maintain on a salary of 301.
a-year, and the whole of his income amounting to
little more than double that sum.
The COURT were of opinion that the insolvent
should be discharged, but that he should pay the
5/. from the amount of one year's salary—the year
to commenee.at the next January quarter.

SUMMER ASSIZES.

HOME CIRCUIT, LEWES, Auc. 14.
HOLDITCH LP. POLLARD.

This was an action to recover 4/. 9s. 3d. the
price of a cask of cider, furnished by the plaintiff to
the defendant.

The case was substantially this :—The plaintiff
was a cider-merchant in Devonshire, and the de-
fendant was the landlord of the White Hart inn at
Lewes.' The plaintiff had furnished the defendant
with a mit of cider in 1825, and in June, 1826, his
son, who acted as his traveller, being in the course
of his journey at Lewes, called upon the defendant
for the price of the cider. Not finding the defend-
ant at home, the plaintiff's son left a note request-
ing that the monermight be sent-to him at Brighton,
whither he was' going, by a carrier named Moon,
and he enclosed in the note a stamped receipt for
the money. The money not being sent, further ap-
plications for it were made to the defendant, first by
Moon, and afterwards by a man named Thorne, on
the part of the plaintiff; and both those persons
were called as witnesses for the plaintiff, and swore
\positively that they never received the money,
though they had repeatedly applied for it. The de-
livery of the cider and fairness of the price were not
disputed; but the defence set up was, that the
money had been paid to the witness, Thorne, who,
it was suggested, must have improperly appropri-
ated it. In support of this case, Anne -Lavender,
the bar-maid at the White Hart, a lady of most
dashing appearance, swore that she was present
when Thorne called upon the defendant for the
money, and that she saw the defendant hand him
over the amount, which Thorne immediately_ put into
his pocket and went away.
The case went to the Jury upon the question to
whom they would give credit, the bar-maid or the
witness Thorne. They found their verdict for the
plaintiff, damages 4/.95. 3d., thereby supporting the
testimony; of Thorne. •

Thomas was indicted for stealing, on the
22d of May last, at Upper Beeding, a mare, the pro-
perty of Mr. Bonniface.
It appeared in evidence, that the mare in question
was safe in the prosecutor's stable at eight in the
evening, and was missing from. thence at four next
morning. The stable was in a field which opened
to the road, was secured only by a bar across the
doorway, which was found standing upright in the
stable at the time when the mare was missing. At
half-past three the same morning, the prisoner was
seen riding the mare through a toll-gate near the
prosecutor's premises. The next day a reward was
publicly advertised for the recovery of the mare, and
in a day or two after she was found straying on, a
common a few miles off. Shortly after the publica-
tion of the advertisement of the reward, the prisoner
called on the prosecutor, and told hith, if he would
give him the reward, he thought he could find the
mare. Upon this he was taken into custody, from
which he endeavoured to escape, and,ppon searching
him a bridle was found in his pocket.
The Jury returned a verdict, that the ptioner had
taken the mare for the purpose of obtaining the
reward.

The Learned JUDGE observed, that he could not
receive such a verdict. The Jury must find the pri.
soner either guilty or not guilty.
The Ju►y then found the prisoner Guilty—Thatlt
Judgment recorded.

hold of me, and dashed me against the wall.
he said, if I did not give him back the .5/. and the
coach fare, that he would shoot me ; he then ran to
the coach and brought his fire-arms from it ; I don't
know whether he brought one pistol or two; he
came towards me and presented one at me; a wo-
man came running up to him/ and said, " For God's
sake, man, what are nu going to do ?" She turned
his arm away; I ran into the Spencer's Inn again,
the only house that was open ; I went again in the
travellers' room, and bolted the door; in about 20
minutes after I opened the door, Mrs. Spencer, the,
waiter, and either one or two women,same in. Mrs.
Spencer said, " What is all this noise and disturb-
ance about ?" I related the cause of it. She said
the house was full, and that she would not allow her
house to be disturbed that way. She ordered the
waiter to fetch the constable, Charlton, the other
defendant : he came, and Mrs. Spencer told him she
wanted him to take me out of the house, as I would
not go out. I said, .1 would not go out un-
less forced out, as I had no notion of going out
to have .my brains blown out in the street by
that fellow. The constable said, " Yon, must
go; you know what Mrs. Spencer's orders are."
I said, show me your authority, and he then pulled
out a pair of handcuffs, and onstable's staff, and
placed them on the table, and said, " there is my
authority." I said, that was no authority. He
said, I had better submit, or he would handcuff me,
and take me to the lock-up. I don't know what I
said then, but my blood began to boil, and I thought
I would rather lose my life than be handcuffed. He
then unscrewed the handcuffs, laid hold of me, and
did his best to put them on. I resisted effectually;
after the struggle, the constable, Charlton said to
Mrs. Spencer," You see I cannot manage this man,
you must get me more assistance," and the waiter
went for some. I did not strike the constable ; I
never struck any one in my life, but my own chil-
dren. A man named Griffith, and Stringer, then came
into the room. I appealed to the constable and Mrs.
Spencer to protect me from his violence. Stringer
paid no attentior. to it, but came up to me, and in
rather civil terms begged I would give him the .51.
back ; he begged it as a favour, as it was his own
money, and I gave it hinr, as he said it would ruin
him if I did not. They did not let me go to bed till
half an hour after that.

Mr. Baron VAUGHAN.—Why did you not send
for a constable, to take up Stringer ?
Witness.—Because I was a stranger in the place,
and wanted to get on board the packet.
Mr. KUSSELL, for the defendant, proceeded to re-
mark at great length on the evidence of the prose-
cutor, and concluded by pledging himself that he
would produce evidence that would completely re-
but the charge which had been made against the
defendants.

Ann Price—l am cook at the Eagle and Child
Hotel, at Holyhead. I remember the night when
this row took place. I remember Mrs. Spencer
coming down stairs; she. had been in bed an hour
and a half. She said, " What is the matter; I
wthhoouglihadt tche house
ome w
in
nt
the mail
o s n fired ?"tak
111 ttodhleghtez
arrda,smsaln.
note, and run away with it. I told her he had
locked himself up in the travellers' room. 11Irs.
Spencer said, a man of that kind could not remain
there with all the gentlemen's luggage ; we had bet-
ter send for the constable. After the prosecutor
opened the door, the first person who came was
Ann Parry; then David Griffith. The Rbard fetched
the constables; he came in about ten minutes. Mrs.
Spencer sent for he cuistable but thi guard bad ,
sent for him in 111Pown drenee. . Mrs. ..
not go into the roop; I was by the doo , he
room, all the While. The 'constable neve ched
lr
Whitworth. Whitworth asked him for his autho-
rity, and Charlton showed him a bit of wood. He
offered 141 to go with him, okild he should have a
good clean bed. Whitworth said he would not
leave theshouse. Two gentlemen who had bespoke
beds, who came by the mail, went down to the
packet. I then went and told mistress there were
two beds to spare. She then said, " Let hire have
a bed directly." He slept in a sitting-room on' the
ground-floor. When the prosecutor refused the bed
at the constable's, 1 offered him a bed at my house.
He refused that also.

Ann Parry—l am a servant at the Eagle and
Child at Holyhead. I remember the night this row
took place. There was no bed at. all when Whit-
worth asked for one.

David Griffiths was boots at the hotel at the time,
and is so now. He remembered the constable
coining. He was in the room with the constable,
who used only fair words. The constable .said 'he
must go out with him. Mrs. Spencer was Vet in
the room at all. I saw no handcuffs.
Mr. C. Pniums having replied at considerable
length, the Jury returned a verdict of acquittal.

ANDERSON WATSON.

This was an action to recover compensation in
damages for an alleged malicious arrest.
Mr. Cuawoon stated the case. The plaintiff
being anxious to procure the sum. of 2001. on the
security of some freehold property which he had in
this neighbourbood, applied to the defendant, an at-
torney, who undertook to obtain for him the re-
quired sum. The defendant did as he had pr.omised,
and a mortgage' deed being executed, the money
was handed over'to the plaintiff. Some short time
subsequently the latter wanted a. further sum of
300/., and again applied to the defendant, who ad-
vanced him 30/., and undertook to procure tha re-
mainder; but instead of so doing, after repeatedly
promising to have the money ready by a. certain day,
and failing of his promise, he.suddenly, and without
any previou? demand‘bting made for\the money,
caused the plaintiff to be arrested for two different
sums. The 'Ole arrest being for the 301. he had
himself advanced, arid the other for the 2001. of',
which he had procured the loan from llfrs. Rowland.
Against the first arrest he cotfld make to legal ob-
jection; but he should be able to prove,lts regarded
the second one, that it was most unwarrantable, and
that it had been made wholly without the knowledge
and concurrence of Mrs. Rowland, although the
writ purported to be at her instance. Having
proved these facts, he should be entitled to their
verdict, and he trusted they would•give such ample
damages as the-case required.

Mr. Henry Scott produced the affidavit of debt on
which the writ was issued.
Mr. William Parker proved that the signature
" Charles Harper" was the hand-writing of a' per-
son of that name, who was living as clerk to the de-
fendant.

The affidavit was then read. It set forth, on the
oath of Charles Harper, that the present plaintiff was
indebted to Mrs. Ann Rowland in the sum of 2001.

It was attested by the defendant, as having been
sworn before him.

Henry Jones proved :having arrested the plaintiff
on-two writs, which he received from the defendant.
One of these was for the sum of 2001. and at the
suit of Mrs. Rowland. The plaintiff was in his
custody for two days. The defendant called on the
plaintiff at the request of the latter.' The plaintiff
demanded why the defendant had used him so, and
the latter replied, " I have not half done with you
yet ; I will use you still worse, before I have done."
Mr. Henley was one of the plaintiff's bail, and
afterwards called on Mrs. Rowland to pay the debt
and costs, but Mrs. Rowland refused at first to take

the money, and declared that she knew nothing of
the arrest, and had given no directions for it.
Mr. Lawrence deposed to the same effect.
Cross-examined.---Besides Mrs. Rowland's mo'rt-
gage there was another one for 2001.
Mr. Stanley proved that the property was worth
from 7001. to 800/.

Mrs. Rowland deposed that she had given no au-
thority to the defendant for the proceedings taken
against the plaintiff.
Cross-examined.---She knew nothing of the plain-
tiff; she put the 2001. into the hands of the defend-
ant, with directions for him to invest it in what way
he thought most safe, and most advantageous : when
the defendant explained his reasons for issuing the
writ, she approved of what he had done.
Mr. Baron VAUGHAN was of opinion, that this
last fact was fatal to the plaintiff's case. The de-
fendant, acting as agent for Mrs. Rowland, had ar-
rested the plaintiff; and Mrs. Rowland having sub-
sequently approved of what he had done, the act be-
came her act. The plaintiff must be nonsuited.
Plaintiff non-suited accordingly.

IRISH ASSIZES.

LIMERICK.

Patrick 11/PNamara was put to the bar, and in-
dicted for the murder of Bridget Molony, at Tul-
lavin, on the 23d of January, in the 47th of the
late King. He pleaded guilty to the charge at first
but at the suggestion of the Court; and by advice
of his Counsel, he withdrew that plea, and said it
was „a mistake. The follqwing Jury was sworn,
after several challengtes from the prisoner's counsel :
Hugh Massey, Thomas Royse, Waller O'Grady,
Edward Green, William Lloyd, Myles Mason, John.
Mason, John Franklin, Richard Smithwick, .jiiri.,.
Edward Lloyd, Richard Mason, and Samuel Englarid
Johnson, Esqrs.
Mr. Sergeant GOOLD stated the case for the
Crown. It had latterly seldom fallen to the lot of
Counsel for the Crown to address Jurors in capital
prosecutions, but this was one of a peculiar nature,
a case of circumstantial evidence, and a transaction
eighteen years old. On the 16th of September,
1807, the house of Maurice Molony, at Tullavin in

this county, was attacked by midnight insurgents;
Michael M'Namara, a brother of the prisoner, was
indicted for the capital offence, tried at the Spring
Assizes following, and convicted of the charge, on
the evidence of Bridget.Molony ; he was executed
in April, 1808. The prisoner, Patrick M'Namara,
was implicated in this outrage, but he stated it only
as a circumstance to show his hostility to the
unfortunate Bridget Molony. •After this she had
occasion to go to the mills of Manister, then kept
by a man of the name of Farrell, to buy some
flour ; she ran back and called out to Farrell to pro-
tect her; he put her into a room in the mills, and,
ing
_out, spoke to
andsaid,betfhe prisoner;
orelongh he he
e would---t— be
re-
vengedr
of 'her; she.went home, and not long after
a man of the name of Shanahan, the son-in-law of
Bridget Molony, saw the prisoner passing by his
house, return again, and go past the house of
Doody, a neighbour near Molony's. Shanahan kept
his eye on him, and soon heard the report of a pistol,
and saw the smoke exactly on the spot where the
prisoner was, also noticed him lifting his arm fre-
quently as if striking some object ; there were
rushes in the field about him. In a few moments
Doolticame to.Rianahan and told him his mother-
in-law vas murdbred. Shanahan pursued but lost
sight of the prisoner, and coming .up to the spot
where he observed him, 'saw- marki of blood
there ; he met Bridget ybcarried between
4,,
Doody and another, with a a in her arm, covered
With blood, and the lock of a pistol bcoke.in her
head; it was taken out. and given to Shanahan, and
the poor woman died on the Friday following..
Knowing her end was approaching, and death not
far distantrsiksent for the priest that same evening
to attend her, and then made a dying declaration
which will be given in evidence ; it is sufficient that
she accused the prisoner of the murder. After this
every search was made by her family and friends for
the prisoner, but made in vain, the neighbourhood
was searched, but he was not to be found, and, in fact
he fled the country at the time—however, after a long
interval, in June last, information was obtained that
he was in the town of Tipperary, and Shanahan,
who knew his person, went with Mr. Doolan, the
Chief Constable ; M'Namara passed theuvit will be
proved, by the name of Baron, and on being inden-
tified and addressed by Shanahan, he said his name
was not M'Namara ; he was arrested, 'and returning
towards his former neighbourhood, Shanahan said to
him, " it was not enough for you to shoot her, but
you must break her skull too ;" it was remarkable
the prisoner replied, `csurely after 18 years ye might
kt me go.". Sergeant Goal then called the wit-
nesss in support of the case.
The ittry found a verdict of " Guilty."
The Learned JUDGE then proceeded to declare the
awful sentence of the law. His Lordship sentenced
the wrkched man to be hanged on Monday. next,
*and his iledy given to the surgeons of the county In-
firmary for dissection.

[.ll;PNa»tara was also charged with the burning
of a house and the murder of a child, in the county
Clare, and if it was possible for him to escape the
present indictment, it was intended to try him at
Ennis en the other charge. The unfortunate man,
after the murder, served some years in the army, and
was wounded in Portugal. He was a pensioner from
the 66th regiment, at 9d. a-day.]
Immediately after this, Patrick Grady was in-
dicted for the murder of Thomas Egan, at Annigan,
by shooting him on his knees opposite his own door.
In, this case also, there was a capital conviction, and
he was ordered to be hanged on Monday next with
Patrick M'Namara.

Lo: osyp•y.—On the morning of Thursday
last, a Highlander of the name of John Macdonald expired
in his son's house, in the Lawnmarket, at the advanced age
of 107. 1-1 was born in Glen Tinisdale, in
,the Isle of
Skye,- and;'hke the other natives of that quarter, was bred
to rural labOtir. Early one .morning, when loOking after
his black 9ktie, he was surprised by the sight of two
ladies, as hollought; winding slowly round a hill, and itp-
proachingibm3wot where he stood. When they came up,
they inquiregor a well or stream, where, a drink of water
could he 'obtaod, He condudtdd them to the " Virgin'
Well," an •ut spring, which was held in great re-
verence on nt of its being the scene of some supersti-
tious and legettlikry tales. When they had quenched their
thirst, one ladies rewarded Macdonald with a shil-
ling, the first silver coin of which he was possessed. At
their (ram request, he escorted them to a gentleman's house
at some distance, and there; to his great surprise and satis-
faction, he learned that the 'two " ladies " were Flora
Macdonald and Prince Charles Stewart. This was the
proudest incident in Macdonald's patriarchal life, and when
surrounded by his Celtic brethren, he used to dilate on all
the relative circumstances with a sort of hereditary enthu-
siasm, and more than the common garrulity of age. He
afterwards turned joiner, and bore a conspicuous part in
the building of the first Protestant church which was erected
in the island of North Uist. He came to Edinburgh
twenty-three years ago, and continued to work at his trade
till he was 97 years of age. He was a temperate, regular-
living man, and never paid a sixpence to a surgeon for
himself, nor bad an hour's sickness in the whole course of
his life. He used to dance regularly on New-year's days,
along with some Highland friends, to the bagpipe, on
New-year's day, 1825, he danced a reel with the father,
the son,
.the grandson, and great-grandson, and was in
more than his usual spirits. His bearing was nothing im-
paired, and till within three weeks of his demise, without
glasses he could have threaded the finest needle with fad-
lity.—Scotsman. •