Star.
London, England, 1822-06-17 00:00:00

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utterable importance, the Coast would tate
consider it; and if they were of opinigp in favour of
the defendant on the other points, goor would hear
further argument before'they decidgdisgattbier
the ground of his infancy. • •
TAN KING V. WADIMIOTOIA •
The defendant, who was remanded for a v.
Mr. Justice BATLIY, appeared in Court to plead to
the information filed against him for a libel on the
Chrlitian religion. On being required to plead, he
said that he had committed no crime, and began to
address the Court.
The LOUD ClilliJerricx—You must only say whether you
are guilty or not guilty?
The Defendant—l em certainly hot guilty. I have some
secrets to tell your Lordship.
The Loan C.rtar Justsca--Well; we cannot hear your secrets
now. Have you bail?
The Defendant—My Lord, I had bail here, bat they are tired
with waiting, and have gone away. Will your Lordship have the
goodness to inform me the amount of bail required, and to allow
it to be taken at Chambers, as it is extremely inconvenient to my
friends to wait in this Court.
The Loin Cate James—We propose that you give emeriti
for your appearance, yourself in Ina and two curette" In NA
each, which may be done at the Chambers.
The defendant pleaded not guilty, and received notice of trial
for the Sittings after this Term. He then exhibited an affidavit,
and requested that it might be read.
The Loan Cm's, Janice—What is its object? What is it you
apply for ? You must tell us the motion you intend to make before
we can hear your affidavit.
The Defendant—My Lord, lam an Englishman ; and if I
am to be subject to the English laws, I have a right to their
protectior.
The Loan Cuter Jortsca—Englishman or foreigner you must
comply with the forms of the Court, and tell us what you wish
us to do, before we hear your affidavit.
The Defendant—l wish that your Lordships would direct that
I may see my friends in the prison, and not be obliged to con-
verse with them through the iron bars, as if 1 were a felon.
The Loan Cmxc Jcsuca—We never interfere in this way
with the regulations of a prison; and we cannot treat your case
differently from that of any other individual.
The Defendant—My Lord, this is extremely hard on me, I
am innocent : I have not yet been tried.
The Loan Cuiev Jessica—No, you have not : but we cannot
give directions beforehand how a prisoner shall be treated. ha
deed, as you are to be bailed, it is of very little importance.
The Defendant-. But you have not even heat dmy affidavit read.
Iwas told by one of your Lordships that I could not make a motion
without an affidavit, and now I have made one you will not hear
it. Who is to pay me for my affidavit stamp? It is downright
picking of pockets.
The Loan Carer Jusrmx—We cannot hear such language.
Mr. Justice 13.tvt.xv—I told you that you could not make any
motion without an affidavit, but it did not follow that with an
affidavit you might move anything.
The Defendant—But my Lord—
Mr. Justice Barter—WM you hear me? if you have gone tta
•
the expense of this affidavit upon a misapprehension of anything
which 1 have said, I will take care that you shall be no loser.
My clerk will pay you for the stamp.
The defendant then retired with his affidavit. Mr.
Justice BAYLEY'S clerk followed him out of Court,
and put some money into his hands. The defendant
found there was a shilling beyond. the (Nice of the
stamp, as.d said," That was what I wanted," and went
away in custody, apparently much gratified by this
last piece of success.
COURT OF COMMON PLEAS. JUNE IS.
ASSAULT IN UYDE PARK.—CURLING V. lIATDOCK.
This was an action tried at the sittings after last
Term, and brought by the plaintiff, who is a respect-
able Physician at the west end of the town, to recover
compensation in damages for in assault committed
by the Jefendant, an Officer in the Lancers, upon his
son, a young Gentleman under age, in Hyde Park,
under circumstances of great aggravation. A verdict
was found for the plaintiff—Damages, 42700.
Mr. Seijeant PELL this day moved for a Rule to
chew cause why this verdict should not be set aside,
and a new trial granted—first, upon the ground of I
excessive damages ; next, upon the ground that facts
had been stated in opening the case to the Jury, cal-
culated strongly to prejudice their minds, which had
not been subsequently proved; and lastly, upon cer-
tain affidavits, of which he was. iii possession, calcu-
lated to throw a new light on the subject. The
Learned Counsel commsmced by observing on the
effects which vrcre often produced on the minds of
Juries by the manner in which cases were opened,
and by the introduction of topics which were calcu-1
lated to inflame their minds--topics which, although
not subsequently supported by evidence, or alluded
to by the Learned Judge in his summing up, but too
often left an impression which could nut be I emoved.
Such, he conceived, had been the case in the present
instance. His Learned Friend had stated that the
defendant had, subsequent to the assault of which he
had been found guilty, written a challenge to the
plaintiff, and thereby very much added to the insult
which had been already sustained. To support this
assertion, however, his Learned Friend had called no
witnesses, and had in that respect, he thought, acted
with a degree of unfairness which was not justifiable,
but which, he had no doubt, greatly tended to en-
hance the amount of the damages recovered—da-
mages which, under all the circumstances, he could
not but think enormous. Three witnesses were called
for the plaintiff, one of them certainly a most respect-
able man, a Mr. Potter. This Gentleman had stated,
that on the day in question he was in the Park at the
time the assault took place. He saw the defendant
and another Gentleman standing by the railings:—
they were talking very loud. The son of the plaintiff
rode leisurely up towards the place where witness
stood, and immediately afterwards be observed the
defendant make towards him,saying 44 That is enough,"
or " that is sufficient ;" and, overtaking him, be took
hold of him by the leg, upon which he fell from his
horse, and when he was down the defendant horse-
whipped him with great severity. In cross-examina-
tioa, witness said the plaintiff lifted up his coat, and
that there was some allusion made by the defendant
as.to its having been done before. The next witness
(Mr. Bowden) saw the transaction, hut added nothing
to the facts already stated, and the last witness Vas
a titan of the name of Byrne, who stated that he had
seen the defendant sitting on the railbefore the plain-
tiff came up, and as a Lady was passing on horse-
back, appeared to be imitating her attitude, evidently
intending to insult her : he added, that he heard the
defendant say "he had come out with his horse-whip,
and was determined to use it before he went home."
Now, if this could be believed, certainly there was
'nothing which could be urged in favour of the de.
feridant which could extenuate his conduct. It was
not probable, however, that an Officer and a Gentle-
man could have been guilty either of such unmanly
conduct, or have made a declaration so much at va-
riance with the ordinary decorum of society. He must
have been mad or drunk if such things bad happened,
but he denied that this evidence was consistent with
truth. Only one witness had been called by the dr
fondant (Mr. Bray), and this was the Gentleman whO

up . flaps _ cantering
the gate, as if for the express purpose of iasultiig
them. This certainly did irritate the defendant,
been described followed. Wyss
he was persuaded that these acts were meant /11101 k
to offend him, it was not probable that=
fendant would have been irritated to the,
sion of that which, under other circumstancesp'w.dbh-
tier
tub
be deservedly characterised as a 'violent ou - bes
dependent of the reasoning on the subject,
and of the largeness of the damages, he was preps
with affidavits, which he would read, and which he
thought would still more strongly entitle the defend-
ant to a reconsideration of his case. The Learned
Serjeant was then proceeding to read the first affida-
vit, which was made by the defendant himself, but
to this the Court objected, as it could not be received
as evidence. He then read two other affidavits—the
first from the servant of the defendant, averring that
he had met the witness, Byrne, at Margate, after the
assault, and that Byrne had told him he had been
present at the affair in Hyde Park, in which ids mas-
ter was concerned, and that he could swear the de-
fendant had been grossly insulted by the plaintiff be-
fore he had committed the assault, and further offer-
ing to become a witness for the delendantrm the event
of a trial. The thiid affidavit was from Henry
Humphries, clerk to the attorney for the defendant,
stating that he had made diligent inquiry for Byrne,
to subpoena him on the part of the defendant, but
could not find him, and that he did not know it
was the same man who had spoken to the defendant's
servant, and promised to give evidence in his favour,
until after the trial had been concluded. Under all
these circumstances, the Learned Serjeant expressed
a hope, that with a view to the justice of the case, as
well as in fairness to the defendant, who was naturally
anxious for the protection of his character, inde-
pendent of the very preposterous amount cf da-
mages, the Court would feel the propriety of submit-
ting the facts to a second tribunal.
The Colas JUSTICE said, that whether the damages
in the case were excessive or not, he was not called
upon to say, because that was not his province, but
the province of the Jury. At the same time, when
he said this, he desired not to be misunderstood. He
was not one of those who would for ever maintain
the absurd principle, that no case could exist in
which a verdict might not be set aside, merely be-
cause a Jury had given damages. There could, and.
might' be cases where a verdict ought to be set aside
for excessive damages; but then those damages must
be so outrageous, as, on the first statement of the
facts, to appear against all justice.—The Learned
Judge then proceeded to state to the Court the view
which he had taken of this case on the trial, and the
points which lie,had felt it his duty to submit to the
consideration of the Jury, who were unanimously or
opinion that the verdict ought not to be disturbed, and
the Rule was cocsequently refused.

The Gaelic Chiefs were excessively proud of their
rank and prerogatives. When the first Marquis of
IIuNTLy, then the Chief of clan GORDON, was pre-
sented at the Court of JAMBS VI. he did not so much
as incline his head before his Sovereign. Being asked
why he failed in this point of etiquette ? he replied,
that lie had no intention whatever of chewing any dis-
respect to his King, but that he came from a country
where all the world were used to bow down befute
him. Again, when GEORGE 11. offered a patent of
Nobility totheChief of the GRANTS, the proud Celt re-
fused it, saying," Wha would then be Laird of Grant?"
The Marquis of HERTFORD was yesterday so dan-
gerouily ill, that scarcely any hope of his recovery
was entertained.

Tuesday evening, a Meeting was held- in White-
row Chapel, Portsmouth, on behalf of the Baptist
Irish Society, the Rev. C. PRITCII A RD, of London, in
the Chair. The Meeting was addressed by several
Ministers and other Gentlemen, in a very impressive
manner. From the statement of the Chairman, it
appears that 30,000 children and adults have been
instructed by this Society. There are at present 90
Schools, containing 7,000 children. The Society em-
ploys a number of penons as readers of the Irish
Scriptures, and others to preach the Gospel in the
Irish language.
Monday last the vicinity of Canterbury was visited by a thun-
der storm of a singularly awful character. About six in she even-
ing the electric matter, which during the afternoon had been
gathering, drew up from the south, extending nearly to tbe west,
in a cloud so dense and black u to darken the atmosphere, and
render artificial light necessary, in most situations. A gust
of wind shortly succeeded, followed by torrents of rain, during
which the electric matter discharged itself in an alternate suc-
cession of vivid Sashes of lightning and loud peals of thunder,
the reverberations of which were continued, almost without in-
terruption, for nearly an hour, impressing on the mind the idea
of a distant but tremendous cannonade. After passing over the
above City, the storm went off towards the east and north-
east: at Woodchureh much damage was done; at Bsthersden
it blew a hurricane, and large pieces of ice fell in great quantities.
The mansion of Sir E. Cholmeley Dering, at Surrenden, suffered
severely; 1036 panes of glass were broken in the house and
offices, besides which the grape and green-houses were Vaunt
entirely destroyed. At Sandway, near Lelham, the hail-stones
were as large as walnuts, and the hat of a boy was cut through
from one of them falling upon it. Though the lightning was so
extremely vivid, fortunately no person was materially injured.
MELANCHOLY ACCIDENT.--Yesterday afternoon,
about five o'clock, a Mr. CLIPSTON2 went into the
Surrey Canal to bathe, and shortly after, it is sup.
posed, was seised with the cramp, as he disappeared ;
his friend, a Mr. Jonas, went in immediately upon
witnesag his precarious situation, and while.be was
swimming towards the spot where-Mr. CLIPSTONS
sunk, Mr. JONSII.B son went in after his father, and
disappeared almost instantly. Mr. JONES, sea. with
much difficulty reached the shore. Mr. CLlParons's
body was shortly after taken up, but that of Mr.
JONES'S son was not found till late in the evening.
lIEBDOMA DARY.
Monday, June 17.—Si. Aibin.—The Sun rises at 17 minutes
before four, and sets at 17 minutes after eight.
Tuesday—The Moon in Perigee, or that pan of her orbit least
distant from the earth.
Wednesday—New Moon St 211 minutes before seven in the morn-
big; Venus, a morning Star, rises about a quarter before two.
Thursday—Translation of Edward, Ring of the West Sanas.
Friday—The evening twilights meet till nearly the end of July,
before which time there wine no real dullest's.
Saturday-11s Sono* day. The Ben enters Cancer at *any
minutes triter one in the mornbig. . .

Jobs
Be* . Taylor, ditto. .
Bac Rickard Henry Miutftworth, ditto.
Bevoßdurard Atkyns Bray, 'MOOT Coakley
Bev. Idwasd Hawell, St. John's College.
3103101141 Y MIMS 07 ASS&
The Hon. Dawson Massy, Trinity College.
mamma or AILTS.
Henry Burnaby Green, Corpus (Altai Cuble•'
Adam pits-Ades, Christ College. •
aseameas, DI CIVIL SAW.
Henry Bennett, Trinity College.
Millen Cohost, 'Nulty Hall.
seesisson 1x TIMM
George Penske, St. John's College:

07 A/10.

Edward Ldwe, Se. John's College.
The Rev. Temple Chevalier, M.A. Fellow and Tuft of Cal'
'tberine Hall, was on Tuesday elected Lectiarer of Great St. Ah..'
draw's Parish, in this town, cm :he resignation of the Rev. Juke'
naivete& •
The following 4endemdn of this University were ordained
by the Bishop of Gloucester on Sunday se'nnight K. Geld-
'ney, B.A. and J. Jarrett, B.A. of St. Johe's College; and N. T.
Rope, B.A. of Corpus Christi College.'

OXFORD, JUNE IS.
Tuesday, Mr. Francis &smell Mien and Mr. Henry Thorp,
were elected Scholars of St. John's College; and Mr. Gerard
Edward Smith was elected one of Dr. Andrews's Law Exhibi-
tioners of the same Sudety •
The Rev. Thomas Silver D.C.L has been nominated by the
President and Fellows of St. John's College, to the Vicirage of
Great Stoughton, Huntingdonshire.
Thursday, Mr. Aitey, Mr. Rootini and Mr. Dyles, Scholars
of Queen's College, were elected Taberdars of that Society, um
the Michel Foundation.
The MUM day, the following Degrees were conferred:
aunts' Ctl, AIM

Rev. John Hilton, University College, Grand Compounder.
Rev. George l'eake, Merton College.
Rev. Charles Eckereall, Corpus Christi College.
William Whitmarsh Phelps, Scholar of ditto.
William Ring, ditto.
Edward Trey Richards, ditto.
Rev. Edward Whrrtn Caulfield, Qoren's College.
ltev. John llamptykle Damell, Christ Church.

SACHL4OIB Or Anis.
John Alexander WiWon, Queen's College.
William Airey, Scholar of (ZOOM'S College.
henry Rooki44ditto.
Joseph Ballantine Dykes, ditto
George Deane, St.•Alary Hull.
Peter Pering, Oriel College.
Henry Palmer and William Horne, Christ Church.
George It. M. Ward, Matthew Carrier 'fompson, and iienry
Allen, Trinity College.
• ECCLESIASTICAL PROMOTIONS.

Rev. G. R. Cleig, perpetual Citrate of Ash, Kent, to the
Rectory of Ivy Church, void by the resignAtfou of the Arch-
deacon of Canterbury.
ltev. William Heury Deane, B.A. to the Rectory of Made-
sham, Suffolk.
Rev. Joseph Gibson Wballey, M.A. to the Rectory of Witne-
chant, Suffolk.

Colonel and Mrs. Beaumont have presented the Bev. T.
Scurr, Muter of Ifeaham School, to the _Living of Alkndde,
Northumberland.

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• -'-'l•wfr- '•"Trr': '
F7NF.'r:F:"'r7"M" • - —4lllPrirl!""ClrilTli ....11,117%..17. , - -----'-
,
. , . . •e• •
•.- . .
• . . .
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e time to had atempinlectiiist as dittro• 4 obillarl'' lit m
uNtibrimmy rztuiauct
• • --
favour of Bray stated. that they had been dinirig with a frietia • ---.
• ' CAltillelDG it, JUNE 14.
Mild hear in the neighbourhood, and That they hai come out to at a ea Tasad
It hint on take a walk in the Park,- being perfectly sober ; chi; . warred 8
ay bst„
DOCTOR ill ililTillO.
• the plain;iff had passed them three several times 01 Catawalik iSawet.t. 8.4. Downing Professor of itins.
horseback, each time lifting up his coat in a clog MCI/MORS Di DLTITIT*
t week by offensive manner, and on the last occasion liftin Bay. Ago Lusk Wow of Corpus Chaiat Callelik.
plead to up both flaps of his coat, and canterinf through
ev. =af m' 4Gr
aEmmanuel roar~'
nes janii, tor la
-- - •