Star.
London, England, 1825-08-18 00:00:00

• ii eking that the . rsottisr
to which he had so often\ii
frunded on fallacious views. It was said thatico
guns ts ere not planted for the purpose of prodoe.
death, but in the hope that they would keep off offen-
ders; and it was further observed, that it wobld be as
iniproior to prevent a maa from putting glass bottles
• on his wall, as from setting spring guns. The two cases
bore nn resemblance to each other. The glass bottles-
were used to prevent an entrance ; the spring guns
to inflict death when the individual had entered. His
Lordship would tell them what the law of the subj
was; and it he felt any difficulty in applying it td tile
present case, his Lordship would be pleased, he hoped
to put it in such aahape as would procure hereafter a.
satisfactory decision of the great question. This.was
case vet y tit lor bringing the great question into agita,
lion; for it happened that the plaintiff entered the
grounds for a most. innocent purpose. The facts were
shortly these :—lt happened that a person of the name
of Morgan lo‘t a pea-fowl, whirls flew over several
. garden:, and :it length alighted in that of the defend-
ant. Toe owner was anxious to recover the fowl, and
the plaintiff volunteered to bring it back. He got on
th • defendant's wall, and called out whether there was
any person who would drive back the fowl, anti render
his descent unnecessary ? Receiving no answer, be
jumped down, anti received a wound from the dis-
charge of a spring-gun, which had been the cause of
much suffering to him, and which, if PROVIDENCE had
110 t protected him, might have occasioned his death.—
The L•!ar fled Sep jeant then proceeded to oh erve, that
Ore defendant, he believed, was in the habit of culti-
owing fl swers. Ile did not censure him (or seeking to
preserve them ; but the question was, whether they
should be irezerved and protected to this extent—
whether the defendant, for that purpose, should be
allowed to set a spring gun in a garden not connected
Kith his dwelling-house, but, on the contrary, at a
considerable distance horn is Surely it was not the,
law of England to prevent every petty injury by placing
persons in peril of their lives. if that were indeed our
system, then it must soon become a system of blood.
If the laws were not sufficiently severe for the preserva-
tion of property, there was a Parliament annually sitting
which was competent to the alteration of the law, and
the making it more effective; but he could not agree
that every man should have a right to form a law for
himself, and to take steps which were likely to create
injuries infini ely out weighing any mischief that he could
apprehend from a trespass.
Mr.JusticeLtrrortt ut inquired whether the Learned
Counsel on the other side was prepared to take a verdict,
and to allow the facts to be formed into
.a case, for
ultimate decision in the Courts above?
• *r. Serjeant Pits, answered, that he was ready to
agree to certain facts, and to allow a verdict to be taken
for, and subject to the decision of a special case. This
was undoubtedly a question of very great importance.
There was not any case that he was aware of which
went directly to the points now under consideration,
• therefore it was desirable that it should assume the shape
of a case. He could assure his Lordship and the Gen-
' tlemen of the jury, that the defendant felt nothing but
the deepest regret on this occasion ; and if he were
found liable in point c f law, he would most cheerfully
bow to the decision.

Evidence were then called to the following facts :
Nary Collins proved, that Eird, the plaintiff, got into the de-
fendaet's garden to secure a fowl belonging to her master, Mr.
Chargan.
Thomas Llewellyn proved, that the defendant told him he had a
spill gun in his garden. Witness advised him to give notice of the
fact, which defendant declined.
John Gill also pcoved, that he advised the defendant to put up a
notice, without, however, stating his opinion as a lawyer, on his
right to use a spring gun. Defendant did not put up a notice. De-
fondant told him to say nothing about the spring gun.
Mr. Serjeant Witt)* stated, that the boy's injuries occiaioned him
to be confined for six weeks.
Croker proved, that he saw the plaintiff on defendant's wan,
and beard him call out before he descended.
Verdict for the plaintiff—Damages aeso, subject to a special case,'
with liberty to enter a verdict for the defendant, should the de-
cision on the case be against the plaintiff.
The facts agreed to, and on which the case is founded, are—lit,
That the plaintiff entered the garden innocently; 2d, That the de-
foulant bad a spring gun there; That the defendant gave no notice
of baying the gun there; 4th, That he endeavoured to conceal It;
and sth, That the plaintiff was wounded.

• .

LONDON%
THURSDAY, AUGUST 18, 1825.
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Mt
lj

lion, among a patios of out contemporaries, to'
and ridicule that distinguished individpal (than
a More amiable ma in private life, or one of a
nature or mere affectionate heart does not exist),
most unmeasured oblorpy. Errors and faults
lie has had, and those in such abundance and of such
magnitude, that we are neither disposed to palliate,
much less justify them. But his greatest political
,enemy, (and a private enemy he never can have
tad), and his most envious professional rivals rnu.,t
acknowledge, that: his errors are those of the head
only, and that they even spring from a generous
heatr, over-attached to his party, and carrying the
views of his more cautious " putters on" into rash and
desperate and frantic extremes. All these most excep-
tiobable points, however, may easily be seen to spring
from the feelings of the gallant and devoted soldier,
despising all personal consequences, and rushing into
unwise, ill-advised, and perilous measures, because
he mistakingly believes it to be his duty so to do.—
As an ample set-off against those faults, let his revilers
remember, that Sir Boyar WILSON has given proofs
of tried courage and conduct in many a well fought
held ; and that, not having ever had any very extensive
command, he has seen more military service, and that
perhaps of a more varied kind, and on a more exten-
sive scale, than most General Officers in Europe have
ever had the opportunity to do. We• remember the
'interesting expression of the feeling that prevailed on
both sides of the House of Commons in his favour, at
the close of last Session, and observe, with pleasure,
that while he is sensible of his errors, his military ta-
lents and experience aro yet, we would fain hope, in
store for his country, if ever the occasion for calling
them into action should arise.

We do not believe that Sir ROURT WILSON, if he
has accepted a command in the way alluded to, would
'have done so in opposition to, or defiance of, the Go:
vestment of this country. How the difficulty of re-'
cruiting in army on these shores, consistently with our
relations with Turkey, is to be got over, we profess
ourselves rsither at a loss to divine. We are no fiiends
to the evasion of the law, either municipal or inter-
national. but we must in the present case say, that if
theri were any expedient by which the Greeks could be
I assisted. without any direct violation of the faith of
Treaties, we should heartily rejoice, and herein we but
echo the wishes of the whole nation. Is there no po-
litical Mr. CHITTY, who could manage a little pious
special pleading in such a case, where, although our
best affections are one way, we very much fear• the law
is quite another ?

This forenoon we received the German Papers to the

12th inst. If any doubt existed as to the retreat of
ISRANIU PACHA to Tripolizza, it must now be re.
moved, as even the Austrian Observer acknowledges
it. The number of troops landed at Navarino, is sired
in this Journal to amount to 7,000, including 600 ca.
IL'alry. The following are extracts r
VLZNNA, AUGUST 1.
The Austrian Observer contains accounts from Con-
stantinople of the 21st of July, giving the particulars
of the late events in the Morea, and the naval actions.
These accounts, however, contain hardly anything new ;
after describing the advance of Ibrahim Pacha from
Navarino to Argos, it is added," Onthe 25th, Ibrahim]
with an escort of eighty horse, advanced to the gates of
Napoli di Romania, whether merely to reconnoitre, or
depending on some secret understanding in the town,
is not known. A pan of his van-guard appeared
labout the same time before the Mills, to make them-
selves masters of that position, or perhaps the maga-
zine there. This attempt miscarried; the position•was
defended by some hundred Greeks, supported by tEe
guns of some schooners and mistics, for two days
(25th anci.26th), on which the Egyptians, with very
trifling loss, retired to Argos, and.then to Tripoliza a,
by the same defiles through which they came."
With respect to the naval operation*, the account
says, that the Greeks were entirely unsuccessful in their
attacks on the Ottoman fleets, as they c ime out of
I Suds ; that on the 2d July, when the Turkish fleets
were off Navarino, twenty-three Greek ships remained
to windward, and some were placed to leeward before
the harbour, but gave way, and the Turkish fleets
anchored without opposition. The inactivity of the
Greek fleet in so decisive a moment, gives rise to various
conjectures, which time must explain.
On the sth, the landing of the troops and horses
was completed, viz. 5,200 Arnauts, 600 cavalry, and
1,200 followers. On the 7th, the Captain Pacha, with
seven frigates, ten corvettes, twelve brigs, and some
schooners, left the harbour of Navarino, and sailed to
Patras and Missolonghi, where lie arrived on the 10th.
Hussein Bey was to set out on the 7th or Bth, to march
by way of Nissi and Leendari, to Tripolizza.

was•tNeir due, st
exerei,e his 01,vi

'.; "b. ..• '
i• ,
..... , • '
1
.-..--r...-- 'l,--= His Lonnsuip thought the only charge against the tl'e fapi
till, en a question of this natate, he must prisoners wat for riotiog. The capital chargefor anon, vilify ai
u judgnieni; and be could not help and that under the Whitelsoy Act, could not stand. whom a
ie seasoning in support of the_principle . &mut._ _ I Jones wasSoood guilty of a riot. bat was egeasnimoded L.-
.a 2.
so oftenNilluded, was inconclusivews.uid ur tau Jurf ea tkO Wald eilmillgradm a thc.ilidge• Tky whet Liaullr
prisossers wit* *elated and discharvd. '- the a
irious views. It was said that
vepring
.
planted for the purpose of producinA - lie has h
l'l-11, [;~'ENI STAR_:
____ - marfiltu
u. hnito that thaw tatnalti keen rff offen• ' '