Star.
London, England, 1823-10-20 00:00:00

Tii6 WING V. HART.

This is the celebrated Waterloo-road case, upon which
Maurice Swabey, Esq. presided, and which closely re-
sembled the above-described:

Mr. Lea proved the service of the notice. The Bench
paused for some time, in evident expectation that all the
cases would not be yielded up Without a struggle, if not
upon the spirit, at least upon the letter, of the Act.
Mr. Lawson looked round the Court nod said, " Does any ap:'
pear In this ease ?"—No answer.
•
The Basecet.--" The toweled°. is quashed:"
Till KIM I. GIBSON.

This was an appeal against a conviction by Maurice
Swobey, Esq. before whom the appellant was charged
with being a rogue and vagabond.
Mr. Lawsox.—Who appears to support this conviction ?—No.
body answered.
Mr. Bora (the Assistant Clerk of the Peace).—ls no person
bound over to prOsecute?
Mr. Tuzssuaza.—No doubt the Magistrate, being by the terms
of the Act, responsible, has bound over the proper witnesses.
Two officers, named Clarke and Blackman, said they
were ordered by the Magistrates of Union Hall to attend
on this case.
The Bzucu again appeared in amazement, and at a loss in what
manner to act, andasked—"ls there no Counsel?"

The 015cen.—We were only ordered to attend : we know nothing
further.

Mr. Taxsusza.—Those persons do not come before the Court in
such a form u to be capable of giving evidence. No doubt the Ma-
gistrate that commits is bound by the Act to prbsecute the prisoner.
The BENCEI." We will proceed with the case."
Mr. LEE then proved the service of the notice upon
Maurice Swabey, Esq. and said the conviction was not
maintainable any more than any of the rest.
In answer to questions from Mr. Tiftsstaxa, Clarke
said he was bound over at the time of the conviction,
and Blackman said he was bound over about a fort-
I night after the conviction.
Blackman's evidence, stated that he was conductor
of the Bow-street patrol ; that on the 19th of July he
attended at the laying of the first stone of the Infirmary
in Waterloo-road ; and while he was standing near the
Duke of York, he saw Gibson amongst a crowd of peo-
ple, and knowing him to be a reputed thief apprehended'
and searched him. In Gibson's pocket he found a pair
of scissors in a sheath, which scissors he suspected were,
intended to be used for the purpose of cutting pockets.
Cross-examined by Mr. Titissiota.—Had not the
scissors now to prodace, for they were given up at the
time of the examination, by the direction of Maurice
Swabey, Esq. Did not know that Gibson was a licensed
hawker, but believed that he had been in the duffing
business. Gibson did not say, at the time of his apprehen-
sion, as witness recollected, that he was an assistant to
his mother in disposing of linen about the country, and
that he used the scissors on such occasions.
By the BENCH.—Witness found nothing else upon the
prisoner of a suspicious nature. Gibson was amongst
the crowd, and nobody was with him, and he was there
like any other person. Did nut see him attempt any
thing, but took him into custody, knowing that he kept
company with reputed thieves.
Clarke, the officer, said he had been examined at
Union-Hall by Mr. Swabey at the time of the convic-
tion,•and he then stated that he knew Gibson from hav-
ing seen him in bad company, but that he had never
seen him in custody. He knew that Gibson bad been
hawking about goods with his mother.
This was the whole of the evidence on which the ap-
pellant was convicted before Maurice Swabey, Esq.
Mr. Tnassicza lose and addressed the Bench at some
length, and concluded by expressing a hope that the
t3ench would treat this case with the same ceremony
they had used towards the other convictions by the
same Magistrate.
The Bastat.—". The conviction is quashed:

Several circumstances have occurred to indicate a
severe winter. Snipes and wild-fowl of various descriptions have
already made their appearance in abundance.
A child of Mr. DENTON, in Chalton-street, Somers-
Town, died on Friday evening, In consequence of drinking balling
water from a tea-kettle, while be anotiorr was putting ►way the
tea equipage.

THE ARMY.,
The 93d (Highland) Regiment of Foot, now stationed in Ire-
land, had received otdets to embark at Cork for the West Indies.
The order for the conVeyance of the 64d (or Wiltshire) Regi-
ment of Infantry, from Portsthouth to Dublin, has been counter-
manded. The transports, viz. Vibelia, Loyal Briton, and Cato,
having the divisians of the above Regiment oh board, ate ordered
to 'proceed to Cork, for the purpose of disembarking the 62d Foot
at that port, of teteiving the 93d Regiment, and' conveying it to
the West Indies.
Major Barxes's company of Royal Artillery sailed last week in
the Zephyr transport, for Guernsey, to relieve Major Mortat%oa's,
which, it is understood, will embark in the spring for Canada.
Thursday the transport William Harris, Lieutenant J. W. Parr-
ett/As, arrived at Portsmouth, from Quebec, with two companies
of the Royal Artillery; and the Fanny, Lieut. R. Cuarcs, from
Newfoundland, with Army and Navy luvalids, and returned stures.
A Garrison Court-Martial sat in Limerick oh Tuesday, for the
trial of Patrick Meehan, charged with imposing on several recruit-
ing parties.

•
A
Court-Martial is ordered to assemble in a few days at Clonmel,
for the trial of two privates of the First Royal Scots, who acted out.•
rageously while on detachment : Major READ to be Judge-Advocate.
Major-General Sir Joust ELIA, has left Limerick for Caher.
Tuesday and Wedotsday, the several divisions of the 2d, or
Queen's Royals, marched into Athlone from Dublin. They are a
fine body of men, and are to be stationed there until further orders.
Wednesday, the 93d Regiment, from filullingar, marched into
Athlone, under the command of Colonel the lion. Sir CHARLES
GORDON. This gallant corps were greeted, on their arrival, by the
inhabitants, with the warmest cheers, excited by the recollection of
the uniform propriety of their behaviour, whilst stationed there six
or seven years ago. That town is to be the head-quarters.
The. Third Royal Veteran Battalion was inspected at Galway,
on Tuesday the 7tk instant, by Major-General, the Honourable W.
G. Ilaaats, who was pleased to issue the following order on the
occasion: Major-Genetal the Hon. W. G. HARRIS was much
pleased with the general appearance of the Third ltoyal Veteran
13attafien en Parade, at Limerick, on Wednesday morning, as well
as with the precision and ;celerity with which the manceuvres were
executed,and considers the battalion in every respect highly efficient."
The following h the distribution of the 'hoops in Canada : Corn-
panits of Artillery—at Quebec, Major .3lessea s and Major Wit.-
tu's ; Montreal District, Major Alaxwett's • Kingston District,
Colonel Rsonra's and Major CHISTiIeS. The 37th and 68th Re-
giments, Quebec; 60th, Montreal District; 70th, Kingston, Upper
Canada; 76th, Niagara Frontiers. Colonel Annaews, of the 60th,
died early in September. The Regiment is now commanded by
Lieutenant-Colonel FZTZGIRALD.
MILITARY PROMOTIONS.
WAR-OFFICE, OCTOBER 17, 1823.
2d Regiment of Life Guards—Cornet and Sub-Lieutenant James
M'I)ouall to be Lieutenant, by purchase, vice Maples, who re-
tires; Cornet George Lyon, from half-pay of the 18th Light
Dragoons, to be Cornet and Sub-Lieutenant, by purchase, vice
M'1)ouall; Lieutenant Charles Clark, from half-pay of tke 22d
Light Dragoons, to be Lieutenant and Adjutant (repaying the
difference he received on exchanging to half-pay to the half-pay
fund), vice Smith, promoted.
3d Regiment of Dragoon Guards—Ensign Alfred Shewell, from
half-pay of the 60th Foot, to be Cornet, Vice Robert William
Currie, who exchanges, receiving the difference.
Ist Regimenti of Dragoons—Captain Henry Stirred to be Major, by
purchase, vice Wallace, promoted; Lieutenant Charles Blois to
be Captain, by purchase, vice Stbited ; Cornet Edward Leathes
to be Lieutenant, by purchase, vice Blois; William Mostyn
Owen, Gent. to be Cornet, by purchase, vice Leaches.
14th Regiment of Light Dragoons—Lieutenant Ambrose .Con-
greve, from half-pay of the 35th Foot, to be Lieutenant, vice
William James D'Urban, who exchanges, receiving the difference
between the full-pay of Cavalry and the full-pay of Infantry.
16th Ditto—William Payne Neale, Gent. to be Cornet, by pur-
chase, vice Moore, promoted in the 17th Light Dragoons.
17th Ditto—Cornet Samuel Pole, from half-pay of the Bth
Light Dragoons, to be Cornet, vice Peter Backhouse, who ex-
changes, receiving the difference.
12th Regiment of Foot—Lieutenant-General Hon. Robert Meade,
from the 99th Foot, to be Colonel, vice Sir Charles Hastings,
deceased.

15th Ditto, Campbell, Gent. to be Ensign, without pur-
chase, vice Ellis, appointed to the 41st Foot.
16th Ditto—Lieutenant Thomas Skinner to be Captain, by pur-
chase, vice Macfarlane, who retires; Lieutenant James Brand to
be Adjutant, vice Skinner.
10th Ditto—Captain Robert George Horseley, from the 53d Foot,
to be Captain, vice Harrison; who exchanges; Lieutenant John
Armstrong, from the 67th Foot, to be Lieutenant, vice Keogh,
appointed to the 55th Foot.
12d Ditto—Major Richard England, from the 49th Foot, to be
Major, vice Hlll, who exchanges.
24th Ditto—Lieutenant Alexander Napier Findlater to be Captain
by purchase, vice Stewart, who retires; Ensign Richard Bennett,
to be Lieutenant, by purchase, vice Findlater; Surgeon William
Byrtt, from half-pay of the 71st Foot, to be Surgeon, vice Jona-
than Featherston, who exchanges. '
ggth Ditto—Ensign Henry Deedes to be Lieutenant, without pur-
chase, vice Vesie, deceased; George Charles Evoke, Gent. to be
Ensign vice Deedes.
33d Ditto--Surgeon Gerald Fitzgerald, from half-pay of the 69th
Foot to be Surgeon, vice William Vallange, who exchanges.

55th Ditto—Lieutenant Daniel Keogh, from the 20th Foot, to be
Lieutenant, vice Jeremiah Dewson, who retires upon half-pay
of the 3d Fooh
41st Ditto—Ensign Henry Joyner Ellis, from the 15th Foot, to be
Ensign, without purchase, vice Brown, promoted.
49th Ditto—Brevet Lieutenant-Colonel J. Humphrey Edward
Hill, from 23d Foot, to be Major, vice England, who exchanges.
55d Ditto—To be Captains--Brevet Major Charles Harrison, from
the 20th Foot, vice Horsley,who exchanges ; Captain John Mor-
ton Stuart, from half-pay of the iiith Foot, vice Arthur Daly,
who exchanges, receiving the difference.
60th Ditto—Brevet Colonel John Forstet Fitzgerald to be Lieute-
nant-Colonel, without purchase, rice Andrews, deceased ; Brevet
Major Frederick Im Thurn to be Major, vice Fitzgerald.
74th Uittto—Lieutenant Bartholomew Burnet, from half-pay of the
25th Light Dragoons, to be Lieutenant, vice James Fleetwood,
who exchanges, receiving the difference.
87th Ditto—Lieutenant William Hill, from half-pay of the 3d
Foot, to be Lieutenant, vice Armstrong, appointed to 20th Foot.
90th Ditto—Major-General Ralph Darling to be Colonel, vice
Lieutenant-General Meade, appointed to the command of the
12th Foot.
91st Ditto--Serjeant-Major Andrew Maclean to be Quartermaster,
vice Miller, deceased.
Ist Royal Veteran Battalion—Lieutenant John Fleming, from half-
pay of 37th Foot, io be Lieutenant, 'lee Joseph Piggott, who
returns to his former situation on the Retired List.

UXMLTTACKXD.

Major James Maxwell Wallace, front the Ist Dragoons, to be Lieu-
tenant-Colonel of Infantry, by purchase, vice Major-General
Swinton, who retires.
HOSPITAL STAPP.
To be Surgeon to the Forces--Staff-Surgeon Charles Simon Doyle,
M.D. from half-pay, vice John Gideon Van MlBingen, who
exchanges.
To be

to the Foreeo—,

.llugh

Cunningham, MIL ftem of the Olds Font Assistant-
Surgeon John Hutehhessie from W4pay of the sd West India
Regiment; Assistant-flargeon Peter Finlaysoa, from half-pay of
the 99th Font, vice Tedlle, promoted.
To be Hospital-Assistant to the Forces—Hospital-Assistant John
Cocking, from half-pay, Irk* Alexander, deceased.
0.11 RILISONS.
Brevet Major Robert Simpson, from Portsmouth, to be Town
Major of Hull, vice White, who exchanges ; Lieutenant Henry
White, from Hull, to be Town Major of Portsmouth, vice Simp-
son, who exchanges.

MftIORAIIDIYU.

The nathe of the Quartermaster-Serjeant appointed Qoarternias.
ter of the 62d Foot, on the .2.6 th June, 1823, was John Igar, and
not John Edgar.

Saturday, a man of the name of Richard Jenkins,
for a wager of two sovereigns, walked from Shoreditch
Church to Stamford Hill in thirty-five minutes.
The London Sessions commenced this morning,
before the LORD MAYOR, Alderman SCHOLEY, the Re-
commit, &c. The calendar is not heavy. The indict-
ment against Captain KNATOHBULL and others for
some irregularities in the Fleet Prison was postponed.
PERIODICAL RISE AND FALL Or THE BA ROM ETRR.-•-•
Colonel WRIGHT, Me nber of the Ceylon Literary and
Agricultural Society, is said to have discovered that
within the Tropics the Mercury rises and falls twice
within the 24. hours, with such regularity as to. afford
almost an opportunity of measuring the lapse of time
by this instrument.—CrYon Gazelle. - •

PORTS3IOIITB OCTOBER 18.
His Royal Highness the Duke Of CLARENCE arrived
at the George Inn, this evening, to proceed thence to
the seat of the Earl of Enacm, in the Isle of Wight.
On Monday, it is expected his Royal Highness will re-
turn, and dine with Admiral Sir JAMES HAWKINS
, WHITSIIED, K; C. B.; and on Tuesday will attend the
'launch of the CA RNATIC, 74, at which his Royal High-
ness Prince Leopoto of SAXE COBURG, the DuChess
of KENT, and Princess Feocioni were expected to be
present, but the Prince has taken cold, which will pre-
vent his attendance. The launch will take place about
twelve o'clock.—His Royal Highness the Duke of t.:LA•
REECE is expected to honour Major-General Sir JAMES
LYON, and the Officers of the Royal Marine Forces,
with his company at dinner, during his stay.
Admiral Sir L. W. HA LaTED, and family, are arrived
at the Star Inn, Gosport. Sir LAWRENCE will hoist his
flag to-morrow, in the Isis.