Star.
London, England, 1823-11-28 00:00:00

THE ARMY.

Detachments alinsisting of 24 Mem and 400 men, helm*,
up the 11th Regiment of Light Dragoons, and the 16th tatters;
and to the 13th, 14th, 38th, 44th, Seth, and 87th Regiments of Is.
tentry, are ordered to prepare fcr embarkation on board the Ben
wickshire and Duchess of Athol, Last Indionsen, for Ihu
Detaehmems, of 10 Mere and 3119 men, belong*
to the 4th Regiment of bt Dragoons, and the 20th and 474.
Reghnouts of Foot, have received orders to prepare for embarka.
Lion es board the uke of York and Castle Huntley, Eaet
men, for Bombay. The shove detachments are ordered to be me.
barked on board the aforesaid Indiansen by the 3i st DeceMber.

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LAW INTILLIONCL

COURT OF KING'S BENCH, NOVEMBER 27.
ANAOLT ON Tilt EARL o liattoitotwiti.
101 JUNO V. GRAIIAII.
The-SoLterroft,Coassnxt. rose, to stew cause against
r rule obtained by Mr. Brougham, for a criminal infor-
mation. This was a Atter of great importance to
Lieutenant Graham, who was charged with violent con-
duct towards the Earl of Harborough, and Who, lithe
charge were true, mast be exposed to removal from his
scatiaa. It would appear that Lieutenant Graham bad
in reality conducted himself with moderation, propriety,
sod forbearance, in ibis case, and the affidavits would
rove that wider circumstances of great provocation he
with extreme moderAtion and forbearance.
bad acted
,e only affidavit on the other side was the Earl of
H,rhorough's, who swore that on the night of the 28th
of Anglia last, he had been stopped in order to .be
searcbei, that a person who stopped hip drew a pistol
and used violent language; that when the Earl at-
tempted to go up the beach he was again stopped, and
the person stopping him fired the pistol; that others then
came up, and one of them threatened to cut him down;
%hock Earl had formerly and now a second time asked
for his warrauf which was refused. Now, it was sworn,
in reply, thhiltieutenant Smith, who had come up, nisi
die name of the officer who stopped him was William
Doer, and he would be forthcoming in the morning.
The Earl had not landed from a pleasure-yacht, but
from a galley ; was dressed like a smuggler, in blue
vows and j icket, and check-shirt, and wore, as usual
.0 his Lordship, a long beard, and appeared to have
something muted in his breast. He had not landed in
the harbour, but on the beach near Dover, *here smug-
glen often landed, and where there had been a struggle
with smugglers a short time before. Pinner did not
know hire to be the Eatl,and felt it his duty to stop him,
and fired his pistol a signal, upon which a superior
officer and several nW came up, and two of them laid
hold of the Earl. It was between twelve and one o'clock
at night. Lieutenant Graham and others thought it'
their duty to search the logger from which the Earl
landed, which looked like a common fishing vessel, and
which he did not learn to be the Earl's till he was on
board. The Earl ordered them to quit his vessel ; an
altercation ensued, the Earl telling the Officers they
looked like highwaymen. The mob on the shore shouted
4. GO it, my Lord ; throw them overboard !" It was
sworn that no violence of manner or language we's
used, and that Lieuteuant Graham gave his card only
to satisfy his Lordship that he was a Lieutenant, not
having his Commission, for which the Earl called.
In the month of May before, his Lordship's - boat had
been searched, but it was because the Earl bad re-
fused to give his honour that there was no contraband
goods on board.
The LORD Culxv Juarreg then said, they would hear
what Mr. Brougham had to say on the other side.
Mr. &mai/Gnaw Lord Harborough stood in a
situation of considerable hardship. He could not pro-
duce affidavits to contradict it.

Mr. Justice BATLEY. He might be supported by
some of his own mcn.
Mr. BROVORAM—Undoubtedly he might, as to some
of the circumstances, but he alluded to inventions.

The Loa]) Cates Jo:mi.—You cannot prove them
to be inventions.

Mr. BIOUGHAbf.--4 am so instructed by one on
whose honour and veracity I rely. As an instance; it
had been sworn that it had been said that the Earl had
thrown one of the Preventive Service overboard. If
it were so, would not the fact have been sworn to
instead of this allusion to it? Pinner swore that he had
not said " By the Holy Ghost, cut you down, you
Now would they believe this Blockading Pre-
ventive seaman, and believe that the Noble Lord in-
vented this language for him ? But irthe Cotin be-
lieved that Lieut. Graham did not give a challenge to
Lord Harborough, but onV gave his card, in order to
give an answer to the question, " How can I know
whether you are an Officer?' he had not a leg to stand
upon. But by the variations between the affidavits of
Lieut. Smith and Lieut. Graham, the latter of whom
admitted be said " that if yoti want any further explat•
madam% you may know where to find me." But Graham
did not swear that he had not challenged, but " that he
had no recollection of having given a challenge." The
words were so qualified, that Lieut. Graham might say I
afterwards, " I did challenge him, but be refused to
fight me."
Mr. Justice Bavt.ev.—ls it not a case peculiarly
sued for going before a Grand Jury, who could sift
the evidence on both sides?
Mr. BROVORAM said, the question was—having come
into Court, was not the Noble Earl entitled to what he
asked ? The Learned Counsel then pressed strongly the
cireansstames which sheaved that Lieut. Graham, in a
very delicate service, a Lieutenant not only of the Navy,
but of the Preventive ger, ice, gave a challenge to the
Noble Earl.
lb. Loan Cater Jusvice.—.The duty of the Court
is confined to the law in this cases Though I may blush
for a Nobleman wanting manners, I have no right to
read him a lecture upon that subject. Considering the
evidence on both sides, I am decidedly of opinion that
the rule must be discharged with costs.
Mr. Janice Ilavutv remarked on the probable irrita-
tion of the Noble Earl, and was of opinion, although
be admitted that Lieut. Graham did not deny the chal-
lenge so strongly as Lieut. Smith, that as no challenge
been given the rule must be discharged.
Mr. Justice HOLItOTD declined giving an opinion, be-
cause be had not been in Court during the discussion.
Mr. Justice Beim was clearly of opinion the rule
must be discharged with 'costs. If there bad been al
challenge, it had provoked, and he would never
coasent to extend the protection of that Court to .him
who had provoked what he complained of.
The Lou:, Cuter Jurries.—The rule is discharged
with costs.
Tut RING V THE JOSITIONS Of HEAT,.
Mr. PLATT said, a writ of Maidenly, issued some
days since, directing the Justices of Hertfordshire and
the Jailer to admit Mr. Fenton, an attorney, to enter
the jail under proper restrictions, in order to-commu-
nicate with John Thurtell, is prisoner committed for
trial on a charge of murder. The return to the said
writ was then in Court, and he therefore moved it
might be read and filed.
The LoaD Cuter Jorms.—They state that they
have obeyed the writ ?
Mr. PLATT.—Yes, my Lord yet as the public smisid
has been. much inflamed with respect to these Mask.
trates, we think we ought to make a motion to hatreds.
return read in Court.
The Lorin emu Jussicz.--'Tis not the usual cane
to read the return.
Mr. Ps.orr.—lt is not a matter of course.

The LORD CiffirienßOL—As it is not a matter of
course. the purposes or leder de not require it to be
read. It is proper the return to the writ be filed, but the
purposes of justice do not retries it to be.read.
Justice Bear.—There is no unpststion on.tbeJustiors:
Cuter Joartce.—"rhis Court meant to cast none.
The return to the writ was then filed.
II TRZ MATTER or WILLIAM ryas, LATI nstannatre
FOR A MILL Om MR. BLUR, Or WISTMINILTiIts AT.
'swarm.
Mr. I). F. Soule said he shewed tame against the
rule Nisi obtained in this ease.
Mr. Eves then good foniard with a brief in his hand,
complaining that he had been charged for notice of trials
where the trial bad been postponed at the instance or
the prosecutor. He went on in a strain of .base towards
Mr. Ellis, and his being convicted of the vilest perjury.
LORD CRUET JUITICIL—We cannot permit you to
digress from the subject of fees of the Crown Office, to
uttering libels on persons not before the Court.
Mr. Eves.—My Lord, I have an indictment agair.st
him for suborning his clerk—(Laughter.)
LoRD Cuter JUSTICR.—If you will persist, the Coot*
must order you to be committed.
Mr. EVES proceeded to read from his britif what he
called a book by a Li-wyer named Blackstone—(Laugh,
ter.) It described the Judges of this Cart as the wisest
heads in the country—the oracles of the ileot..(Laugh-
ter) It went on to say what was contrary to reason
was contrary to law; for, law was both justice and
equity, and the perfection of heman reason—(Mach
,laughter.) He cited another authority, which said the
abuses of the Crown Office were said to exceed the
abuses of the Court of Chancery—that they had existed
before, and in all probability would outlive, Chancery
abuses. Nay, they were not even equalled by the abuses
of the Court of Exchequer. He concluded that he had
been grossly defrauded, cheated, and imposed on in this
case, and in which he used the term ,e robbed."
Mr. JONES said he did not feel himself called upon to
make any observations.
The LORD Clifel Jusslci said. it stood to reason the
Officers of the. Crown Office were undoubtedly entitled
to fees of office, without which nobody would be found
to execute the duties. It did not appear those fees taken
here were other than usual and regular.
Mr. Justice BAYLEY observed, the defendant had la-
boured under a misunderstanding as to his not being
liable to pay the fees in question, where the prosecutor
conceived he bad some good grounds for potting off the
trial. They were not, however, to take more than usual
and ordinary fees. He affirmed the judgment of the
Lord Chief Justice.
The rest of the Court concurred.—Rule discharged.

HERTFORD JAIL.

At 10 o'clock yesterday morning, Mr. George Nichol-
son, who is one of the Solicitors for the prosecution of
the prisoners indicted for the murder of Mr. Weare, re.
paired to the prison at Hertford, and °Schap intimated
to Hunt, that his confession will not be received, and
that he will be put upon his trial for the capital offence.
He also informed him, that a communication to that
effect had been transmitted to his Solicitor, Mr. Harmer ;
nevertheless, be felt it to be his duty to repeal it per.
tonally to himself. Wednesday night, In pursuance of
a previous arrangement, Mr. George Nicholson visited
Probert, in company with Mr. Williams, who is Soli.
eitm for the latter. We have already mentioned *that
Probert sent by his Solicitor a comasunication to Mr.
Nicholson, the purport of which was, that he writ*.
virous of making a full disclosure of everything
knew of the dreadful' transaction in which be was
In-
volved, provided any chance were held out to him of
benefit from his disclosures. Mr. Nicholson then de-
clined committing himself or the prisoner, by entering
into stipulations, but merely stated, that whenever Mr.
Williams had prepared Probers for his (Mr. Nicholson's)
visit, he.would attend him, hear what he might have
Ito say, and represent it in the proper quarter; but he
also expressly stated that he could not, and would not,
enter into the slightest stipulation; that he would
merely obey Probert's desire that he Should be present
when he made his disclosure to his Solicitor ; but that
he (Mr. Nicholson) would not even put a single question
to the prisoner. Upon this understanding Mr. Nichol-
son visited Probert in company with Mr: Williams as
Wednesday night ; they remained a considenbie time
with the prisoner, who freely, and .expressly of his owls
accord, gave a circumstantial , narrative Of his whale
life, and particularly of his connexion with Jaime'
Thomas Thurtell.` He described the origin of his ac-
quaintance with the Tburtells in the following manaert
While standing at his own door, when he was in die
wine business, John and Thomas Thurtell while pass!
leg made a sudden stand, and one of them peals head
tolls hat, as a token of recognition. Probert renuirba
that they had the advantage of him, as be had not the
=e of recollecting their acquaintance. Tbasaae
tern then introduced himself as proprietor of 's
Cock, in the Haymarket, and said, as be was in este&
sive trade, he should be glad to do business with him ia
the wine and spirit wily. Probert, anticipating a good
'customer, cultivated the acquaintance, and an today*
and interchange of family visits was the consequesise.
During this intercourse. John Thurtell proposed ,ta
marry one of MrsrProbert's sisters, but thaLady rejected
the proposal, on the ground of a previous engagement-
The Thurtells, however, and John in particular, con-
tinued occasional visits to Gill's-hill Cottage dal
very
and on
very day (Friday) of the 'Sight when Mr:Ware ivas
murdered, John Thome') invited himself and Hunt to
Gill's.hill Cottage, and said they would, be dote& foura
,day or two, as they meant to pay a visit to the Earl al
Essex's grounds Cashitsbury, to bag some of his game.
Circumstances,
1 Towever, spared the Noble Earl fro.
the intrusion of sucliipt visit. Lord Essex bas often re•
marked, since the affair of the murder has been agitated,
load since it was known that some of the party said to
lb* implicated were good unlicensed shotsin
.the
'bowing preserves, that be wondered they neverpaid
bbn a visit. That he had not escaped their notice, is
clear from the anecdote above-merino. d. Probert's
last of his knowledge of M. Weare's murderdoes not differ from that which be has already madi.
The indictments are now preparing against the throe
prisoners. Mr. Gurney, Mr. Bollant4.and Mr. &odd.'
rick. are retained for the prosecution.: Mr. Chitty, lMr
Andrews, and one or two others, are (or the passers.
Thurtell was yesterday informed that Huts wesdil
cap:rAlly tried with him, and for the first time, 1114
.contradiction to his metal feelings towards, that pricks*,
he expressed somethileg -like concern, for *his situation
le appears that the confession made by Hunt was comfit
tionally ecc•pteds upon the undersondiug that he whi
net a party directly. Implicated in the principal minas.;
action.," set givingst the thus, or soon after, that tau
which. woad esseutial berriee,to the ;principal octet.

There being reasons for impugning the veracit, of his
statement. be will be put upop his trial.
Martell maintains his usual composure: he was yes-
terday getting riduf his stock of eggshells. which be said
had accumulated in his room, by making pancakes. and
lishting the fire with whatever loose tapers were within
his resell, without reference to their intrinsic value.
He says he will give the fullest disclosure of the later
events of his life, and the society in which be has sacri-
ficed his character.
ANOTHER DEA TM PROM FIGHTING.

• •
Yesterday. at one o'clock, Mr. SHELTON, the Coroner,
and a respectable Jury, attended at the Red Lion Ta-
vern, Old Bethlehem, Bishoptgate.Without, to inquire
by what meanabontas Carroll, aged sixteen years, came
to his death.

This case had been heard at Worship-street Police-
Office, and the parties have been bound over to answer
any charge that may accrue oct the melancholy event. ,
The Jury being sworn, repaired to view the body,
and oa their return received the evidence.

The fight took pl►►ce on the 26th of October.
The Coroner delivered a most impressive address to
the Jury on the occasion, and trusted these pugilistic
contests would be put an end tn.
The Jury, after a long consideration, returned n ver-
dict of « Manslaughter against John Turner, as principal,
and against Edward Jones and John Smith as seconds."
Smith and Jones were taken into cnstoJy on the Co.
roner's Warrant, and conveyed to Newgate ; Turner, it
is expected, will surrender.