Star.
London, England, 1824-08-20 00:00:00

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his Lordship stipulatd to pay 900 guineas; .the picture
was seized under the execution, in an unfinished state.;
his Lordship had given no security for the pay:tient,
but doubtle)s he would do so ifle was allowed to com-
plete it; he bad purchased wine of Dennis and Co.. and
owed them £2OO, but did not receive all the wine.
The COURT appointed the Gentlemen bc.rfLie named
assignees to the insolvent's estate, and ordered the peti•
tioner to amend h'is schedule, and come up on Saturday
next to be discharged.
Edward Caudell, a dashing youth, u as remanded for
six calendar months within the walls of the prison, for
fraudulently obtaining a watch from Mary Carter.
The following were discharged without opposition:
J. M'Neall, Commercial road, mariner; A. Bigg, Burr-street,
Bishops ate, ship-agent; and Bendix, Cutler-street, Hounds-
ditch, hatter.

ASSIZE INTELLIGENCE.
EXETER, AUGUST ts.
HOUSTON, JUN. v. LEY (CLERK).
Mr. ErtsKIRE stated to the Jury, that in this case
John Houston, jun. was plaintiff, and the Rev. J. Ley
defendant. The declaration stated, that the defendant
had made an assault upon the plaintiff, and had in-
flicted several blows on his back and loins ; to which
the defendant had pleaded, first, tha: he was not guilty ;
and secondly, that he was undeit-master of a grammar
school in this county, and that the plaintiff being a
scholar, under the age of twenty-one, had behaved him-
self in an improper manner, and that the blows had
been inflicted for the purpose of punishing him. To
this plea the plaintiff had replied„, that the defendant
had assaulted him in a more violent manna than was
necessary or proper under the circumstances, and upon
this issue was joined.
Mr. Serjeant PeLt. addressed tl.e Jury on the part of
the plaintiff, and observed, tliat the question they had
to try was, whether the defendant had ur had not in-
flicted a more severe chastisement on the plaintiff than
his relative situation to the young person justified? The
defendant had been many years the second master of
the grammar school at Tiverton, which stood as high as
any school in the kingdom, and had contributed as
largely as any establishment of its size, to that moral
and intellectual improvement to which England was
mainly indebted for the proud station she had attained.
The Learned Serjennt then, after giving an outline of
the case that would be roved by evidence, called
John Candy—l am apprentice to Mr. Houston, sur-
geon, of Tiverton. He has six children; John is the
eldest; I have known him well for three years and a
half. Before the beginning of this year he was weakly,
but healthy. On Saturday, the 7th Febru iry, I saw
John run up to a boy of the name of Bat ne, and, after
some conversation, Houston gave him a slap in the
face. On Tuesday, the 10th February, in the afternoon,
I saw he was very faint when he came from school,.
He went to bed, and I went into the room where he-
was in bed. It was between two and three o'clock in
the day. I examined his loins and back, and found
the blood had been drawn from fifty-nine places, and
he appeared to have been flogged severely. The ap-
pearances were on the small of the back. I went to
him frequently during the evening. Dr. Hutchinson
attended him. I particularly examined Ms back 'on
Friday, and it was then I counted the 59 places. • •
Elizabeth Halkham, a nurse, went to attend John
Ifoeston on the 10th of February, found his:back was
cut across and stabbed; assisted in changing linen.
His shirt was bloody in .the tail. Last. Sunday she ex-
amined hts backb And found a hollow in it-where she
could lay her finger.
Cross examined—Doctor Hutchinion was in attend.:
ance all the time. Plaintiff's back was pef fectly tonight.
Edward Houston sworn—l am brother to the plain-.
tiff. I was at 'school with him on the 7th of Febttritry,'
when he was punished, Mr. Ley asked him why he
struck Master Barne? He said, because he told
Mr. Ley told Master Alexander Ciitlard to go out:and
fetch the plum pudding which he had•left in a chair.
He !Nought a birch rod. My brother was then kfliel;.
ing with his hands against a desk. Hide and .Ley, two
boys, then held his shirt and hands. His trowsers
were down. Mr. Ley whipped him.. He struck him
five times, and then he stopped. The birch Was.
broken, and then he took the little twig off to
make the birch wider, and then he gave him five cuts
more, and ran the birch into my brother's back. My'
brother then got up and adjusted his clothes. Mr. Ley
said to my brother, as soon as be got up, 44 You are.
acting Tom and Jerry with a vengeance."
Dr. Hutchinson deposed, that Master Houston had
many stripes on him, adding, I found a confirmed spinal
disease, accompanied with distortion, extreme debility,
and exquisite pain. Before February 1 knew • the boy
to be perfectly straight.
Mr. ADAM addressed the Jury for the defence. The'
defendant had, for nearly half a century, been engaged
in the conduct of Tiverton School, which was allowed
to have contributed, as much as any similar establish-
ment in the kingdom, to the improvement of the youth
of the cquntry. He should completely answer• the',
charge by the evidence of the persons who assisted 'in.
the operation, and if their evidence did not oompletely
negative that of the boy, from whose testimony alone
they had the* chief part of the case, he should not ex-'
pect the Jury to give him their verdict.
Mr. ADAM then called the following witnesses:
Henry Barne stated that he was a scholar in Tiverton
school. John Houston and he were in the same form.
Witness was head boy; a difficult part of Exe
cises was set for them. John Houston said to witness
that on the day when the exercises were put, " he
(Houston) should be couching and dancing, while
they, poor scrubs, were fagging." Couching meant
happy and joyful. On Saturday, when they were
called up with the lesson, Houston was not there. The
master asked witness, as head boy, who was absent?
He told him Houston was absent. The master asked'
the reason? and witness told him what Houston had
said. Another boy was absent, and the lesson was de-
ferred. Witness saw Houston that evening ;he ran
out of his door, and caught witness by the collar. He
said, 44 what have you been telling Mr. Ley about me?"
He struck witness a blow, which made his nose bleed,
and knocked out one of his teeth. He then ran back
to his house. On Sunday, Houston met witness, and
told him that Goss had told him several sto: ies about.
him. Monday was a holiday, and on Tuesday Hous•
ton did not come till after breakfast. Witness had told
Mr. Ley that Houston had beat him, and on Tuesday
this was told to Houston in witness's presence. Hous-
on said "he'd be d—d if he cared, but if Mr. Ley
flogged him he'd net come again." . Mr..Ley called up
Houston, and after some inquiries, he said he should flog
Houston and Goss. They were flogged. The -birch-
was- not different from that which had -been used on:
former occasions. Houston cried out, not more than