Star.
London, England, 1823-01-14 00:00:00

' •

a woman, v4:110 sect:pieta onett them, 'Weird tie aim
of a person in distress, abont.Wepa4 six o'doelt in
the evening of the 2.7tb, but toolitto arthei hilitiee of
the circumstance.
' The deceased, was 22 yea rali age, and bore an.
A
estimable character. Johns* is a feasters servaile.
about the same air; and remarkably start.
some time ago with a farmer. in HOiderness, from,
whence he absconded in the beginning of last harvest,
and has since been in the iieighboUilood of Di iffield.
Wednesday, he was fully committed to York Cagle,
for trial at the ensuing. Assists.

LAW INTELLIGENCE.
COURT OF KING'S BENCH, JANUARY 13.
BEWLEY V.'selinalbia.
Thit was an action brought to recover a sum of
money alleged by the plaintifEto have been advanced
at different times to the defendant.
Mr. Ma RRYATT stated the case to the Jury. The
plaintiff was a tobacconist, residing in the Strand,
and had at different times in 1820, lent various stints
of money to the defendant, who held a situation ina
respectable mercantile establishment in the City, and'
also carried on the trade of a coal-merchant. The
parties were in the habits of intimacy, and the de,
fendant having occasion in that year for different ad-
vances, applied to Bewley, who lent him his assistance
in the manner required.
The evidence adduced- to establish the plaintiff's
claim was as follows:

Richard Bewley, examined by Mr. CONTI-N...4 am
brother to the plaintiff; in May, 1820, the defendant
came to his shop and said, he wc.dld be obliged to
my brother if he would lend-him 1001. The plaintiff
replied, he could not spate so much, but would lend
him 701. which he did, adding a few shillings, at the
request of the defendant, who wanted small hanges
On the 7th of June, Mr. Spurring called again, and
received a further loan of SOO/. A third advance
was made in the beginning of October following, to
the amount of 100/. viz. a cheque for 501.. and a bill
of exchange for the same amount, at four months,
date. Previous to the last transaction, the defendant
called, and was requested to pay something Off the
account, when he observed, that ftewiey had no oe.
,casion to complain, for, that had he not won back
What he lost he (plaintiff) would have been his debtor,
The defendant promised to pay the loans he had re.
ceived *hen he got in his Christmas bills. The wit:
ness proved his brother's signature to three cheques,
and a bill of exchange.
ere:wee:mined by Mr. SCARLiet-4 21n 19 ran
of age, and have been with my brother four years:
I had seen the defendant once or twice before thesa
money imitations. The plaintiff entered the swami
lent in his cash book.
A clerk of Barclay and Co. proved that that house
reeeived..tba Bill of &chute from Sykes and Cot
'who bad it-from souse coilinsorehant. _

' ht. Semmes., for the defendant, observed upon '
!the:plaintiff's case, and insisted didt it was supported
lily absolute sod nnqUalified perjury. He said, it
would appear that the money then. handed over to.
,1111 r. Spirt/lig war a payment iir the shape of a coin-
Promise for money lost at.
gaming. Tw'o years hid
relapsed before the plaintiff-thought fit to consistence
the present action. The case, in truth, was the one
he was abent to narrate.' The defendant *as a total
stranger to Mr. Bewley, until he chanCed to meet
him one day at the table of Mr. Hodgson. who had
kept the. Masan Coffee-house, in. Covent-garden.
fitr. Sputring on the- ietdement, of Mr. Hodgion's
*count, was invited by 'the latter to dine with bins
'and some friends. He thea„ for the first time in his
life,met the plaintiff. The dinner was a very good
qind gay, one. At it Certain period of the evening,
settle one proposed a game of cards, At the cora-
-1
thencement of the game it happened, as it frequently
happens when fortune was tempting; tlest the de-
[ fondant was very successful ; 'ftoin shi/liYigli they
stepped to pounds, and so on, until dory reached SOW.
to which amount Mr. Snorting won of the plaintiff;
arid received several 1. 0. O.'S; for the payment of
which he afterwards called, and, received the ittnis
'Mentioned by the plaintirs witneis.• These being
;;the real facts of the case, he contended the piaintif ,
was not entitled to recover in the present *fiat.
-For the defendant, Lieutenant J. W. Cooper was
'chilled and examined., He deposed as follo*s :-1 aib
a Lieutenant of the East gent 11/4111itie. On thnSid i
Hof May, 1820, I dined at the Manzi Coffee-house, ,
when Mr. Hodgson, the plaintiff; the defendant, and
ra Mr. Water Man, were present. I otter saw the de,
'cadent before that day... I knew the ,plaintifft. and`
need frequently to visit his shop to peruse the gown- ;
pit** Bovley and Spurring appeared to be stmt.
geri teeich other. *After dinner, Mt: Hodgson, the
pliatitt,.l.l2e deteadant, and Myself, sat down to cards.
We played at Lcittery a I played for shillings the
*hole of the evening, but the phintiff.proposed urger
stakes. Ue and the -defendant kept tieing their stake*,
'end the former lose £f as I understood. On the
following Friday, the same parties met and dined at;,
Mr. Hodgson's,i in Cleinent's Ins. The same &vim
was played, and Mr. Spurring won, aLI heard, £4OO.
Before parting,
,the plaintiffsaid,. -" This is rather a
large sum, but if you call on me to-morrow morning
1 Wlll give you * cheque for pert of the money, add
I have,gtit,a 0041 biD for £3OO Of £4OO. *frith
willgivejou,7 A few days atter Betiviertold me he
had settled the business with the defendant, who bed
behaved soliandsonto thathe intended to make him
a prettoft Of the Itandeeenest entiff-b*-hi /virslicsp.Z-
A 0:1040ent zbeetinig teokplatie, When the pi •
iasistall.mthaming Ins rovqte ; the cards were Cut,•
and Me: Spurting lion £5OO, which the former said
riled riot hitifitettfot fir ski months, me he web ea-
chequered for £lOOO, and hid no money to Spite.
The Citutfialcurtta told the Jeffry, that the gum-
tidy by which their re Jett' Hatt id be governed. was,
Lr.'Maher ther tientiiied tte gaintill.*:lll6. tier'
- f ifitais •
e
..
... 4.01,t it:intuited for a few mints*, u *a
liinisl a Verdict for thedefetsdant.

lidos
114

. • .1,-.
Vern4atitiiedPrth ferseisictilli*:44l 113"-n.lan4rsio -
itt her face. The: * ltd &Tilting
del ce to the CHAIR X, perryllig the charg
• • The Jury found high gun*, aid- he A(0001
and surety in £2O for twelve. months.
WESTMINSTiII. ES,SaIONS, JANI/SitY it.
• Mr. ADOLPHUS addressed the Beach, v4rich
very full, to the following effectr—lie had been in-
formed that a man named Atride was detained is
execution under sentence of imprisonment pasied
upon him the day before in direct ti the
law. This extraordinary proceedink re bec4rtiii his
..duty to notice, for the purpose of hidedingpe bench
to repair as much as lay in their` pi ear-the in?
diction of a severe injury, the mischief Occirsitspedhy'
their departure from a great general principle his
therto held inviolable. 'Atride and a- Gentletnan of
.high rank and respectability were inchided in the
'same indictment, and the defence cif the one neces-
sarily involved the defence of the other. It waileon-
, sidered necessary to remove the case by a writ of
certiorari into the King's Bench, and Mr. Harmer
accordingly sent the necessary authority to the Ses-
sions House by his clerk, who handed it up to the
Bench before the Jury were charged with the de-'
fendant in custody. Of the effect of a writ of cer-
tiorari, no lawyer living could entertain a doubt.
Burn's Justice, and Hawkins's Pleas of the Crown,
which were known to every one, distinctly stated the
nature and spirit of its operation; but; in the teeth of
all authorities upon the subject, the Bench .had
thought proper to try the defendant Atride, who, in
consequence of the absence of the intended defence,
was convicted, and dins became the victim of a mock
trial, constituted corant non judice, and upon evi-
dence not cognizable in any Court of Justice. The
Moment the writ appeared, it put a period to the au-
thority of the Bench. The name of Atride certainly
was not specified in the writ, but it was compre-
hended in the word " another," which was stated in
conjunction with the name of the other defendant,
who was the principal. Now, when the indictment
was removed with respect to the principal, it fol-
lowed,invariably, that the accomplice was as effec-
tually independent of the Bench. He (Mr. Adol-
phus) should himself have interfered to prevent the
trial, but, as he was not retained at that time, the de-
licacy which it was necessary to observe towards the
Bench, was an impediment to him in doing that
which it was now become a • duty in him to do—to
protest against such an infringement of the law.
Mr. CoxsT (the Chairman).—Mr. Adolphus, it was
a pity you did not as an Amiens Curia Mention the
cobriee'•• tion yesterday.
AtroLinus.—All that was necessary was done
by Mr. Harmer, who calculated so firmly upon the
effect of the writ as not td take any further notice of
the case. Although Mr. Harmer was not engaged
to defend Atride, he would have defended him, so
important was the event of a trial of one to that of
the bther. It was a most unfair and chid proceeding.
Mr. Coast.—l desire; Ms• Adolphus► that you'
will not indti44l in this invective agaitlst the 'Bench,
to whom you so itnpropeHy attribute Motive! b
which it is impossible that they .6 an be intluetice'
You are not to consider yourself at liberty to usher
in your motions with tirades alkali an hour's length.
If you question the propriety of what basi been demo
you hid better postpone your observations, and make
them iri the preper plate. •
Mr. Aelaiiisios said he was not airfare of having
imputed improper motives to the Bench,- but they
had, without doubt, acted against the la ii
Mr. CnNer:—The.case wartreated etactly as eases
of coniriron *omit are usually treated. The primal
tutor was asked whether his witnesses welt readily
and no Gentleman. of the bar Made any objection' to
our proceeding in the trial.
Mr. A> deceit after some farther observations,
concluded by moving, after deleting that mr Man!
in the world had Mort reason to• complain of iniaro
tice than his client, that. Atride'sfieuld be forthwith.
discharged out ('custody without. ball.
Mr. ALLHY, in supporting theapplication, midis
wet cons need the Bench had acted undo the erre-
neotre impression that the writ regarded the other
defendant atones They were now- able; howevev,
as they had a dompleteauthority over their own acts,
to render-the verdict unavillable;
Mr. Cotter said he did not think the Court had the
power to set Atride at large.- Whatever question
•might arise as to their power of trying Atride, under
the circumstances stated.. the coneiction hadb as in
Other eases,- taken place after the regular ersiaraination
of witeessesiand they could not rent the application.
Mr. Bream. (ors the Beach) said, that lithe case had
'been• improperly proceeded. lei the _Chairman was
certainly not responsible, for he 4: started the diet..
culty. It was, howeverohn prevailing opinion that
the writ regarded the untried defendant ahme. It
fact, the Bend had not seen the wait. If they bad
themnight hare adopted a different course, bot.the
verchet.having been grvea, and sentence pissed, they
could not now interfere.
Mr. Am:menus then stated that he slionlj ppply
for satisfaction for hii client in the proper .place.

JANUARY 13. •
John Cote.weit indicted for rohbioglir, employer,
Mr. Hurnphriet, a briekkeyer, °fa quantity di lead:
It appestred that the prisoner lad been employ,
fet some date by the frosecosor,• who gave k
Ctdi Clay. After-the west weft -dischoriesi
their work a noise was heard upon tlia
tho ptiseiter was *found . coital% away A
Bred aed a half of lead 'from.. tbs,top of.. w.
The proseetnor, surprised at such
the:primmer erhethee he wacist-disprese? . He r.eptt...
that be .wee not to What then_ trete:you rows WI
do r said. the proseettioao "WI r I vac-goin AO,
rob ydiu,.ist be sore," vras VOR anoverd ThovsSerater.
afterwards said he did Des, Wow how to *cumuli for;
,his.conduct, but to rob his master he was,determined,
In his defence the. said fie
ploce

Nail.

td a ieidict Sr theklettoctain. ,• , .. --,,,-- . ~--...--17.—: .-17'%-- .7:1-”4f,An
nisrsnwthe lea4,,frontoste place to another, and dig,'
. , . .... ~.. •
Pi11in)1.11474 *IWO& . statend to steal . .
Own Jilasnioti coointanceill yesteedatat Ibititti nit rim* ivas antell4est and sentenced tq Tigi:
Akio, Clatironwell.• Woes Paiatito Ctsisiele.riaaathet. for six frOntt4o,,a4o, Lao-xis-5,k af:a
imd.a fan Bench of Magistrates. trewi.-44 . • '
loam. rasp a Eresselsosan. was iadictastfoo as. . ziOng:tptliOsj. . fortEren.laiiirg
ins Mary Dant on. the: 96tH
.ot Islarrinbat' lut . *4 i _ cl:: 4 i,!..l,[lrie cittii; IV-1
. It' appeared . that thocromasitiz .36141 delowir es' ,y, irin.idOwicte4 kof ' -• ~ ehti4e erq.cUta;
vete fellipirsoiseote,ao,/wbooesoi,iiik Ditbss, .which liiiit not filled up tijVlll. treik; and wateriera
ero man, residing at Hadipstesid. .314. pt ts. to be imprisoned in the Rouse a/Correction for three
1 bad received repeated insults from the de. months, and 'kept to hate latnur at the ticail-nal. • i