Star.
London, England, 1823-08-02 00:00:00

WATERFORD ASSIZES.

Wednesday, the 22d altimo, immediately. after the
LORD CHIEF JOSTICR had taken his seat, Henry De•
lap, a police constable stationed at Tramore, was ar-
raigned, in the usual terms, for the murder of Bar-
tholomew Magratb, on the 1 4.thof April, at his house
near Annstown, by shooting him through the head.
The case proved in evidence may be thus summa-
rily stated :-.The deceased and others had cut and
collected, on the strand at•Annstown, or Benvoy, a
quantity of sea-weed for manure. The proprietor of
the land (Matthew Power, Esq. of Dunhill Lodge),
conceiving that it was a violation of his own exclusive
right, took possession oldie sea-weed so collected.—
His carts, when in the act of carrying it away, were
stopped by the country people, and the manure rescued.
Informations, in consequence of this rescue, were sworn
against the deceased and two others, before Henry
Sargent, Esq. a Magistrate for the county, residing in
Waterford, who thereupon issued his warrant for their
apprehension, and, with Power, the complainant, went
to the police station at Tramore, to direct Mr. Hely,
the Gentleman commanding the police there, to send
a party to execute the warrant. It was then arranged,
that the party should go out for this purpose at three
o'clock the next morning; but subsequently, at nine
or ten o'clock the same evening, Mr. Power, alone,
called on Mr. Hely, and prevailed on him, by certain
tepresentations, to let the party go out that night.
According to the testimony of the latter Gentle-
man, about three or four o'clock in the morning, the
party came back, when Delap came to witness, told
him that they had demanded entrance at one of the
men's houses in the King's name—that it was not
granted—that they endeavoured to force open the
door—that the man got out of a window, and at-
tempted to escape—that he called out to him in the
King's name to stop; and that, as lie did not do so,
and seeing him likely to escape, he (Delap) fired at,
and killed- him. Witness could not say he had se-
lected Delap, as he had called on him in the regular
routine of duty; but considered him the fittest man
that he could have employed, from long observation
of his steadiness and good conduct.
The CHIEF Jusrma, in summing up,- entered at
length into the circumstances which, in escape, dis-
tinguish murder from justifiable homicide, and gene-
rally stated, that in the case of flight, there might be
a sufficient justification for firing at the fagitive, pro-
vided there were no other means of apprehending
him. The Learned Judge, in the course of this
charge, severely animadverted on the conduct of Mr.
Power; and, after considerable hesitation, the Jur!,
returned a verdict of Not Guilty.
The Crime Junior, after formally addressing the
prisoner in the way of caution as to his futureconduct,
thus proceeded I cannot, however, allow this trial
to close, without again making a few observations
on the conduct of some of the persons concerned in
this transaction. I have already noticed the share
which Mr. Power had in producing the melan-
choly occurrence ; I must now say, that it would
have 'been much fitter that he' should have been
placed at that bar than you. tcan conceive nathing
more deplorable than that Gentlemen, in vindica-
tion of their real or supposed civil rights, should
resort to such rigorous and u nw art antable proceedings
against men in the humbler classes of society. lam
quite convinced that this vindictive and overbearing
spirit has been. oue of the principal causes of the
turbulent and lawless proceedings which disturb so
large a portion of some of the neighbouring collu-
des ; and I cannot feel surprise that it should pro-
duce such consequences. If persons in the higher
ranks of society will lord it over their inferiors
with a strong hand—if, in the assertion of their
own rights, they trample upon public justice, or
convert the laws, which should afford equal pro-
tection to rich and poor, into instruments of in-
justice and oppression towards the weak and power-
less—is it not in vain to hope that the common peo-
ple• will feel for them either respect or affection, or
that they will refrain from endeavouring to procure
for themselves by violence, that redress which the
conduct of their superiors teaches them to believe is
not otherwise to be obtained ? I would fain hope,
however, that the circumstances of this melancholy
case, coupled with those of a civil action tried-in this
Court on the first day of these Assizes, will produce
some effect in putting an end to these petty oppres-
sions—l trust that they will long be remembered by
the Gentlemen of this county, and that they will im-
press upon their minds a lesson never to be forgotten ;
and I sincerely hope that it may never again he the
duty of any Judge to denounce from this Bench such
mischievous proceedings as have been developed in
these instances."

ItTe HA/IBOUR.—The important cause between the
Commissioners of. Rye Harbour and the Commis-
sioners of Sewers, lame on to be tried, as an issue
from the Court of Chancery, at the Croydon Assizes,
just ended. It lasted no less than three days, and the
Court was crowded, so great was the interest excited
with regard to the result, on 'ccount of the immense
property throughout the country that will be affected
by the decision. It Was tried before Mr. Baron
GRAHAM and a Special Jury, whose verdict was as
follows:-..,, The Jurors are of opinion that the sluice
as at present erected and used is a nuisance, but would
not be so, if such alterations are made as would ad-
mit a greater flux and reflux of the water, and re-
move the impediments to the 'passage of vessels oc-
casioned by the present position of the transom beam."
The Judge refused to accept the verdict in that shape,
but the Jury would not alter it. The decision is consi-
dered favourable to theComanissioners of the Harbour.
EXECUTION ON JAN 2 GRIFTIN.—BRRWICK, JUL,
26.—This day the sentence of the law was carried
into execution. The unhappy woman (convicted of
having murdered her husband), was brooghtfrom the
jail about three o'clock, in a cart, seated on a chair
.covered with black cloth. She was decently dressed
1 in black, and seemed much composed, and even pre-
pared to meet her awful fate. On arriving at the
place of execution, she ascended the scaffold (which
'was erected a little way out of Bersiick, where the
roads separate) wittra firm step. After which she
stood for a few minutes in an attitude of supplica-
tion, and then dropped her glove as a signal, when
the executioner, who had arrived from Edinburgh on
the preceding evening, instantly launched her into
eternity. As an execution had not taken place in
Berwick for a very long period, an immense con-
course of people were attracted from all quarters.

FIAIITESITV INTELLIGENCE.

ECCLESIASTICAL ntostoTto)ss.

The Rev. Francis Bedford, M.A. Rector of D-lchford, has
been presented to the valuable Living of South Ormsby, with
Ketsby, Calceby, and Driby, annexed, in the county of Lincoln.
The Bishop of Lincoln has conferred upon the Rev. Edol.rd
Edwards, M.A. of Huntingdon, the Ftehend or Canonry ,c
Lei-,;hton Bromswold, in the Cathedral Church of Lincoln, v.:.
cant by the death of the Rev. Thomas Cowper.
• The Rev. Henry Rycroft, M.A. has been collated to the
carage of Mumby, in Lincolnshire, vacant by the death of the
Rev. George Hogarth, and in the gift of the Bishop of Lincoln.
The Rev. George Glover, \I. A. has been collated by the Bi-
shop of Norwich to the Archdeaconry of SodLury, vacated by
the death of Archdeacon Gooch.

The Rev. Robert Zathurst, M.A. is appointed Commissary
of the Archdeaconry of Sudbury, by the Bishop of Norwioi,
and Official of the Archdeaconry of Suffolk, by Archdeacon
Berners.

The Lord Bishop of Hereford has been pleated to appoint the
Reverend Frederick Twisleton' S. C. I. Fellow of New Ccl.
lege, Oxford, to be one of his Lordship's dom:eic ettayiatns.
The Rev. W. blolineux . M. A. and Perpetual Tneumbent ef
the Curacies of Acton and Bednall, Staffordshire has been prer
sented to the valuable Vicarage of Sheriff Fiala:Shropshire.
Rev. John Symonds, to the Rectory of Wilco:, Wilts.
The Rev. Nicholas Form has been appointed Ilomtn Gstll6:
Ile Parish Priest of Lismore, in the room of the Very Arr. Orr
Garrett Connolly, translated to Dungarvan.

The accident of the overturning the Royal Sove-
reign coach, near Leamington, by which _Mr. ATTER--
BURY and the coachman were killed, was attended by
several extraordinary circumstances, which, in a lect
enlightened age, might be regat dcd as the warnings
of PROVIDENCE. On the Sunday preceding, Mr. At-
rEanony preached a particularly impressive Sermon in
the Church of St. Mary Magdalen, Oxford, of which
he was Vicar: his text was from the 38th Chapter of
Isaiah, v. " le Set Mine henesc in order : for thou
shalt die, and not livc." It appears, moreover, that
the box seat had been taken at. Leamington by ano-
ther passenger, who chose to walk forwards out of the
town; but Mr. ATTERBURY, who had ordered his
place to be booked at Birmingham, conceiving him-
self entitled to the priority of choice, removed the
coat spread'on the box, and seated himself in the fa-
vourite place. When the coach ore, took the other
gentleman, a dispute naturally ensued on the sub-
ject, in which words ran high—both contending for
the seat of death to within a few yards of the fatal
spot. This fact was ment;oned in Oxford by the gen-
tleman himself. who had claimed the box from the
unfortunate sufferer. It is said that a carter on the
toad observed that the wheel was coming off, and
hallooed to the coachman, but he was not heard.

BIRTHS.
Wednesday, at Thornton Heath, near Croydon, the wife of
Joseph Reid, Esq. of a son.
At Usdoo, county of Tyrone, the Lady of the Hon. Andrew
Godfrey Stuart, of a son.
The Lady of Captain Douglas, R.N. of a son.