Star.
London, England, 1814-02-11 00:00:00

WOO: TON-BASSET.

Mr. Serjeant PELL shewed cause against a Rule
obtained on a former day by Mr. Abbott, for a Quo
Worraato, calling upon a gentleman of the name of
Smith, to shew by what authority he held the office
of a free burgess of the borough of Wootton-Basset.
The ground un which the Rule Nisi had been con-
ceded was, that there was no vacancy to be supplied
by Mr. Smith, and that the Corporation was full
poevious to his election. The fact was stated to be
[Thus :—A Meeting of the Corporatios VAS called for
filling up various offices, and -it was supposed that a
`Mr. Starkey would resign the office of Capital Bur-
-1 gess, and consequently that his place must be sup-
plied. It appeared, however, at the Meeting, that
there was no vacancy, but not until after the election
of Mr. Smith had been completed. In reply to this
statement, Mr. Serjeant Pell produced several affida-
vits, by which it appeared, that although it was true
that there wai no vacancy in consequence of the re-
signation of Mr. Starkey, yet that a Mr. Kibblewbite
bad accepted the office of Alderman on that day,
and consequently that there was a vacancy that Mr.
Smith had supplied. The Learned Counsel admitted
that the intention of the Meeting was•merely to fill
up the office which Mr. Starkey had left, but another
person vacating instead, he thought it could make
no difference irithemerits of this question, whether
Mr. Smits succeeded Mr. Starkey or Mr. Kibble-
white.

Mr. BAILEY followed on the same side, and referred
to some former proceedings instituted by the same
relator, Mr. Gordon, against other members of the
Corporation, where he had failed, and, as in the re-
sent case, stood alone against Mr. Smith and the
Borough. He likewise argued that Mr. Gordon must
be in pliedly understood to have given his assent to
this election, inasmuch as he was present without ob-
jecting to it, and in a previous case; -that of a Mr.
Attersol, hadconarrned a proceeding that was at
least equally irregular. .
Mr. Justice Dailenta....-04 His buing present does
not spew that heconcurrvd, or suppqmns he did then
concur, be is not irrevocably bound by at."
• The Couto., without hearing Mr. Aano7r, was of
opinion, iliat suia;itrat 'ground had been laid for a
R.ule to sliew cause.
VIE KING W. W. EARLE.

Mr. G cr.NEv moved the judgment of • the Court on
the defendant, for a libel on Me. J. Burkhardt, of
Northumberland-street, in the Strand ; which libel,
containing dross personal abuse upon the prosecut^r,
was inserted in the Scourge. It appeared that the only
offence given by the prosecutor was, that he had been
employed to make the jewel which the Freemasons
had presented to Lord-Moira, in preference to some
others who wanted the job. The defendant had sot
fered judgment to go by default ; and, was brought
up on a former day to receive judgment, when he was
remanded, to afford an opportunity to the prosecutor
and his attorney to put in affidavits, in answer to one
then filed by him, stating, tliat he had been induced
t,, withdraw his plea of Not Guilty, and to suffer
judgment to go by default, in consequence of a pro-
mise held out to him by the prosecutor's attorney,
that if he did so, no judgment would prayed against
him.
The affidavits of Mr. Burkhardt and his Solicitor
were how put in, and denied, in Coto, that any terms,
or offers of compromise, had been held out to him.
:: Wm. Earle. beiug- placed upon the fluor of the
Court, . .
.. The Arroascr,CtsznAL, en the part of the pro-
secution., adverted to• the many aggravated circum-
stances in this case, not the least orwhich was the oath
the titfendant but thought fit to Make respecting the

•
Witlicirawing or his plea or not guilty. itvidatilit
he expected not to be indicted if he inserted an
logy in the succeeding number,of lb Scourge. The
Attorney.,General was at a loss to 'understand the
doctrine of apoh.jies as laid down by defendants in
cases like the present. If in the heat of the moment
in affront was offered by one gentleman to another,
an apology might reasonably be deemed a satisfac-
tory compensation, but here,. a paltry hireling *crib-
bier, in a garret,, sat down deliberately, without a
single fact on which to found his assertions, to write
a low, coarse, vulgar, abusive, scurrilous, and not less
malignant libel, against an individual of whom he
knew but the name. Could an apology be any satii-
faction for such an outrage upon a most respectable
individual, who was charged with being the illegiti-
mate progeny of a Dutch fisherman and an oyster
wench, of being educated in vice ani beggary, of
being sent out of his own country, of frequenting se-
ditious meetings in England, and belonging to the
Corresponding Society ? Was character, he would
ask, of any value ? Such a base detractor might attack
the most exemplary characters. None could be rate ;
his (the Attorney-General's) learned friends or him-
self might be the next to be attacked, and then thb
only redress was an apology in The Scourge of the suc-
ceeding month. He was sure the Court would not
allow holiest and deselling indiQuals thus to be
:hewn up, the fashionable expression- of all libellers
since the proceeding on a late occasion. ,
Mr. HOLT, on the part of the defendarit;admitted
that the libel was low and scurrilous, but argued that
it was a mere shower of vulgar terms of abuse, which
injured much more the individual applying, than him
to whom they were applied. They seemed to have
been uttered in the heat and indiscretion of anger.
Lord ELLENBOROUCH —Where is the cause for an-
ger against the prosecutor ? Shew us that, Mr. Holt.
Mr. BOLT did not attempt to justify his client, but
he hoped that the same lenient judgment would now
-be pronounced, which was invariably attached to pri-
vate libels.

Mr. Justice Le BLANC delivered the sentence of the
Court, which was, that the defendant be imprisoned
in Newgate for six months, should pay a fine of £lOO,
and give security, himself in se2oo, and two sufficient
sureties in £lOO each.

• REX V. THOMAS DUNN.
The defendant had admitted judgment to go by
default to an indictment for a common assault on a
bailiff who came to arrest him. The sentence of the
Court was, that be should be imprisoned one month.
ARCHES COURT, DOCTORS' CONIMONSIAE.I3.IO:;_.,

BEAVER V BEAVER.
This was a cause of restitution of conjugal rights,
promoted by Thomas Beaver, the younger. Esq. of
Maugrun Hall, in the county of Norfolk; .against
Ann Beaver, his wile, of Fargham, in the ;same
county. It appeared that the parties were married
in the parish church of Fargham, on the 241 th Aug.
1795, and that they cohabited together as man and
wife till the 30th June, 1302, when Mrs. Beaver quit.
ted her husband's house; that some time after Mrs.
Beaver promoted a suit of divorce or separation
2ga:nst her husband, by'reason of cruelty, and after
divers proceedings were had therein, the Learned
Judge dismissed Mr. Beaver from the cause. The
present suit came on now to be .heard upon the an-
swers of Mrs. Beaver only, no witnesses having been
examined upon the libel. The Court (Sir Jolts Nt-
ctiotL) said, the marriage of the patties being ad.
mitted, and also the withdrawing of the wife from
the society of her husband, and there being Ixo greund
for instituting the. suit of cruelty,. it was bound, in
discharge of its duty, to admonish the party to return
again to the society of her husband.

COURT OF SESSION, EDINI3URWIeFIRST
COOPER V. Gni&
This was an action of injury and damages. at the
instance of John Cooper, schoolmaster of the parish
of Dalmeny, against the Rev. James Greig, Minister
of that parish. The libel stated, that the defendant,
Mr. Greig, having conceived a causeless
against the plaintiff, did, on Sunday the 17th March,
1811, read from the pulpit of the parish clinrch-rf
Dakmeny, and in the hearing"of the congregation, a
written paper, containing many false and scandalous,
charges against the plaintiff, and concluded with *
d9ci.tration9 that the plaintiff was not schoolmaster Of
the parish, and that the office was vacant.

The. Lord HERNIAND, Ordinary, allowed a proof;
which was taken, and reported to the whole Court.
Counsel were he.trd thereon at great length. The
Court were unanimously of opinion, that the libel
was fully proved ; and the plaintiff having stated,
that he had brought the action entirely with the view
of clearing his character from the itnputation cast
upon it; that he had no desire to make it a source of
personal emolument ; and that, out of motives of
compassion towards the defendant and his family, he
did not wish for pecuniary reparation, their Lordships
pronounced the following interlocutorl--.--" Edin-
burgh, 10th December, 1813. The Lords having
advised the state of this process, and heard the Coun-
sel for the parties thereon at great length in their own
presence, they find it proven, that, ou the day 44...
led, the defendant did sead from the pulpit, in 11Cli
meny church, a paper oft libellous nature, and high'
ly injurious to the character of the plaintiff, the esta-
blished parochial schoolmaster,-aod that during the
time of divine service, and in die hearing of the plain-.
tiff's scholars - find, that the said libel was malicious
and unprovoked, and that the' censure therein- con-
tained
was unjust and unfounded; and out of the doe;
course of ecclesiastical discipline, and therefore highly
illegal; find the defendant liable in damages, which'
' the Lords declare that they would have awarded tO
a very large amonnt, but, in consideration of the re•
quest of the plaintiff himself, in compassion for• the
defendant and his family, the Lords modify the same
to twenty guineas, and decern accordingly ; find the
defendant liable in the full expenses of process, and
appoint an account thereof to be lodged, and remit
the Same, when lodged, to the Auditor of Court, •tó
tax and report."
The expenses were afterwardi taxed at ‘407. 19s,
Old. and a decree therefore prifuounced against the
defendant.

Tuesday se'nnight an Inquest was held on the
b'dy of Mr. Edward Bernbridge, butcher, who was
found drowned in a channel between Small-Hythe
and Reading-street, in the parish of Ebony, when the
Jurj found a verdict of Accidental Death.--The de-
ceased has lelt wife and five children W lament
their loss. -

L

illtAttoPii. Al' i/AUXHALL

tow-srnErr.—The confession of, fip/a: Parish, ri;
specting this barbarous murder, proves; hOw very
cautious youths and all others ought to be, as to whoa
they associate with. In it he denies any partiCipatiort
in the breaking open and robbing the house of Mr.
Taylor, in the Union-road, Clapham ; but says, it
was the first robbery Callaghan confessed to him that
he had perpetrated, and for which their both stood
committed to Horsemonger-lane prison, on account
of some of the stolen, property. being fotind in the
possesSion of Parish, and his being in tie company
Callaghan, a discarded servant of Mr. Taylor.—pa.;
risk's confession, we understand,,goes to state, is adz
dition to what we gave of it yesterday, that on ao.;
count of the noise that the murder of Merry made id"
London, they consulted together and an-ived to leari
England, and went to Gravesend for the purpose of
entering into the East India service. On their arrival
there they read an account is a newspaper of the pro.
cee4ings at the Coronet's Inquest on the body. to the
same r.ewspaper they read a paragraph stating, that
through the vigilance of Goff, the officer belonging to
the Union Hall Police 'Office, the murderers were ex-
pected soon to be in custody. On reading dig Cal-
laghan observed, that he wished he could meet with Mr.
Goff, he would soon stop his viiftance, meaning that
he would shoot him. They gave op the plan of going
to India, and returned to London. Parish was coo.
Armed in his statement of the shoes found in the
Misses Gompertz' kitchen, being. Callaghan's, by the
shoemaker whom thty were stblesi from. Parish
described the bullets as being purchased at Charing.
cross, and proving too large fbr their pistols, they were
obliged to reduce their size by cutting them.' Thit
account was confirmed by comparing tbe fatal hallo.
and the one found in the kitchen, bock of wbich an.
swered his description. Part of the property stoles
from the house of the Misses Gomperta at the time
of the murder, they sold' in London, sad part in
Gravesend while they were there. Thistair bees
confirmed by the patties at whose shops the ;kics
were sold pro-dating the property, and identifying
their perscns. Callaghan kequeudy irttertupted the
confession, by recrsminatung on Parish.. He charged
him with Wag the 'nun who 'shot Merry, and that
the deceased crick-dr-14 Artier I" three times
that the shoes leftiti the Misses Compette kitchen.
were 'add ones; rind that• Parish stole one of them..—.
This recrimination did not exonerate him from the
.chaige; but ratbersasilsidnin::u he. turmitted being
at the Misses Gomperte houseto.ncl thereby made
.bigisolfastos. .4.:

Yesterday Gorr Hodges was brought to the (Az
charged with stealing two boats, two waistcoats, ens
parr of pantaloons, Will note, and 7s in silver, the
property of John! Tenown, of Woben-.court, Duke.
street, Bloomsbury. It appeared that the prosecutor
went home about half past eleven cm Monday night,
and went to bed, leaving the street door only on the
latch, expecting a lodger. to follow directly after.--
The prisoner; however, entered the house,, and went
into the prosecutor's bedroom after he had got to
sleep, and stole the above property. The robbery was
not discovered. till the prosecutorawoke in the morn-
ing. He gave notice of it to a aumber of pawnbro-
kers, nnh ascertained that the/ had been pledged lt
Mr. brooks's, in Hi7h.street, Bloomsbury. The pri-
soner went. afterwards to ask for more money on
them, and to pawn a handkeichi6 when .t-e *as dr-
uined, and tfie duplicatis for the stolen property,
found up= him He Was committed to Newgate
for triaL

Hattotr-GAntme. Farmel, of West End,
Hampsteatd,-was4eaterdgy:dtarged by the Ccntgable
oflthat district,.with-reiusing.•his cart and hems to
convey the baggage ot. the 3tth, 47th, and 8-kh Re-
giments Iran thence to -Kingston, and was. tined is
the mitigated Penalty of f 2. which the defendant
immediately paid.

—Autke.late 44Assclearaelt.Q0enus, Sessionp, a cue,
novel in its kind, was heard, under an Act of Parlia-
mei% . which, Jyta..rft,p7,ainkkobsolete. hail a century
or more—that of an liinkieper ea ring tippling on
-the Lard's Day, a Just was sworn to try whether be
had' deice any act to forfejr his eecognizance, cursed
Into on obtaktiat hiclicense,... After some. ingenious
arguments, of: Quusel, the. Jury could not agree.
and they-were kir.ke4 up' three hours and u.pw ads,
when therat last kW the innkeeper had ((wicked
his recogni-iunce, and sias .thereky -disabled from sell-
ing ale fur the space three ran. ,