Star.
London, England, 1805-08-22 00:00:00

ASSIZES.

Nnevirveritatasen. —On Wer'^erday fe'nnight i
Meow Clue was tried for the wilful murder of
Liam Todd, in the penal or Tynemouth
The fira winters called was Edward Potts. He
laid he kept a public !Inure at Spring Gatdens, in thc
;with of Earfdon, rear Hartley, in this county. The
deceafed came to witnefs's horde on Saturday, the
18th of Auguft lath, about fix o'clock in the evening,
and remained there until about half part t t o'clock.
He remained waiting for his fun who was working
at Earfdon. The witnefs laid he raw. the deceafed.
have one glafs of gin, who was in company with five
othets, and they nad ten tankards of ale amonga
them. Witaefs laid, Ido not think he had any more
fpirits,nor was I ablent more than a quarter of an
hour, and was always in the fame room. He laid his
' wife ferved the liquor. After the deceafed left the
houfe, he went home towards Hartley, where he liv-
ed. Witnefs went with him about ten yards from
' his own houfe, but faw him about 5o yards upnwthe
road, which has hedges OR each fide of it. Saw him
the next morning, about eight o'clock, after he had
been killed, at a bottle near Whitley, where he had
been carried to. Upon crofs-examination, he Paid he
had known the deceafed about twenty years, and
was Pure he was well acquainted with the road
witnefs's bottle to Hartley, where the deceafed lived.
He thought the deceafed was fober, and the night
was very light. The other men, that were drinking
in the company of the deceafed, left it about a clear-
ter of an hour before the deceafed did. The fon, for
whom he had been waiting, came to witnefs's houfe
about four o'clock the following morning, but he
would not let him in at that hour. Upon being ant.
ed if it was likely the deceafed could mils his way ?
he replied, " It was not likely."
William Hays flirted himfelr to be a private in the
fecond regiment of Statfordthire Militia, in Augur
ha. He Rated that the priconer alfo belonged to
the fame regiment at the fame time : he had known
him near twelve months. \Vitnefs laid, " I was in
camp at Cullercoares, and quartered in tent No. 2,
and the prifoner was quartered in tent No. 4. On
Saturday night, the 15th Anna, I was on piquet
guard, and came off 4 little atter three in the morn-
ing, and it was then nearly light. I went into my
own tent, and called up a comrade, Jofeph Malkin,
to go and get mu(hrooms. He got up almoll imme
diattly. He was not in our company, nor was he
in our tent, but a thort diftance from our's. Bull .ck,
who was a drummer, was then beating the reveille :
we afked him t0..g0 with es, and he confented.—
The witnefs and Malhin then went up. the line, at
barite diflance fram Bullock, and we met a dog
I with fome meat in his mouth, which we took front
him, and took to .our own tent. We then went to
Bullock's tent, and he faid he would follow us loon,
and Malkin waited far me at a little diaance. It
was then light. The priCouer then came pea us,
and lam quite fore it was he. I then afked him if
he was going to get mufluooms ? and he replied he
was. I told him I was going alfo, and that Malkin
and I were going ; but the prifoner did not wait for
us, but ran tti ait up the line towards Whitley ; and
we alto went towards Whitley. I never law him
after he was out of the camp, till after the murder
was committed. The priloner had on a grey big
military coat, a foraging cap, and a hat above that.
We went towards Whitley, and Bullock overtook
us in the neat fizld to the camp. It was Malkin
that pointed cut where we were to go. We had got
fome diaance before we heard any noife. We fiat
heard the noire after the prifoner had parted with ns
twenty minutes. The oche we heard was fame (bricks,
as if fume one were beat they were very
We thought at fire it was come one of our men that
had got into a pea-field, and tile owner had caught
him, and was beating him. It apatared to us a, ,he
dillatice of two or three fields lengths We then ran
as hard as ever we could, but we had not got far be-
fore the (bricks ceafed. We then heard two Slaws,
as if the farmer was laying on heavy hl"ws with a
flick, and thrafhing the man. We all continued to
advance towards the places where the frund came,
and looked about to fee if we could fee any of our
comrades. We firs faw fomething, hut could, not
tell what it was; it was about go yards dirtant. We
went up to it, and found it to be a ha:, and I picked
it up. The bat belonged to a man °four company,
of the name of Maim), who belonged to the fame
tent as the prifoner. It was a round hat; and I .im
certain it was the fume hat as the priloner bad on
above his foraging cap. The next thing I faw was
the prifoner, about 12 or 14 yards from the place
where I picked up thc.har. 1 then called to him by
his name. I faw him rife from the ditch where I
Afterwards found the deceafed. The prifoner ran
along the ditch, turd jumped over the hedge. When
he role from the ditch he had no hat on, but only his
foraging yap, and his big coat on, the fame as he
had on when we frw hirn in the camp. We went to
the fpot where he ro;se Iroin, and at that (pot I law
the dead body, with his head tucked ender his breall,
his back againd a hank, and his heels lying towards
a built. On one tide Pis head, and on one hand,
there was blood. I law a piece of wood (like rail)
that lay by one fide or him, and teemed to have been
broken, and there were forne (pets of blood upon it.
IVe were all very much (hocked at the fight. I then
had the hat in my hand; and dropped it down, I was
fo frightened. I proofed to our comrade Malkin to
go to the camp, to fee whether the prifoner had
tom: back ; but he would not. We then went into
the qext tried below. A comrade of the name of
Barber came up to us in the nextteld, and brought the
hat- which we had left. We then went back with
*Barber to where the dead body was, and -then took
more particular notice of it. It was then between
four and five o'clock, and we went to lire camp.—
We went to the tent No. 4, and found the prifoner
there; who was laid down on the bed with his clothes
on. I raid to him, " You are loon returned, was
there no southroonts ?"—He replied, I did not like
to flop." Witnefs laid nothing more to him. After
finding that he was in his tent, I went to Serjeant
-Cooke to confine the pritimer, amirtold the Serjeant
all welad teen. He was accordingly taken into cut.-
tody. Caw the body upon the Liozoner's Inqueft,
and am lure it was the fame body I faw in the ditch."

Several perfons were then called, who confirmed
the tealmony of the Litt witnefs.
The Prifoner being called upon for his defence,
laid he knew nothing at all about it ; it was all fpite
and of foam t i ii in their compani.

The Jury, after retiring for about half an hour. re•
turned a verdield—Guilty.
The Judge then pronounced fentence of death,
which was carried into execution on Friday. The
Plifoner, being a Catholic, was frequently attended
by a clergyman of that perfnalion, to whom, as well
as many others, he confeirecl his guilt and the juilice
of his fentence. He was ahnott lifelefs belore he
reached the gallows, and died a penitent.
At the Maidlione Affixes the fotowiog cattle was
tried t—
une ex. dent. KINNMILEY v. CLARET,

This was an aCtion which has excited a confidera•
ble intereft in the county of Kent.
Mr. Serjeant SWEPHERD made an animated fpeech
to the Jury in behalf of his client the defendant.—
After alluding to the vail poffeflions of the plaintiff,
and .his property in the county, and remarking upon
his avarice, he entered into a very interefling hiflory
of the defendant, as connected with the lands in grief
Lion. His name, he faid, was originally Price, but
having married a Mifs Clarke. he obtained the fign-
manual for Winning that of Clarke. His Ode was
entitled to the premifes in queltion, together with
large landed property in the county, to the amount ,
of 12,7001. per annum, wi4i remainder to tier heirs',
male. They lived in great happinefs for near le ven-
teen years, and (he became the mother •of two boys';
and a. girl. Her cunltituti-n however being weak, a
confumption carried her off in the year :So:, after
every human effort had beer. made to fave her ; and
to add ti the affliCtion of the defendant, his two male
children died iltortly after, by which default in male
iffue the whale of her ci.ates palled to the next in re-
mainder, the prefent plaintiff, Mr. Kinnerfley. A
few years before the death of Mrs. Clarke, the de.
feadant, for the purpofe of clearing off all incum-
brances on the eflate, and for its improvement, aslu-
ally expended out of his own pocket no lefs a fun)
than 66,0001. the benefit of which the plaintiff at that
moment enjoyed. The farms and manfion-Houle in
quelli,n had been the fancily refidence of Mr. and
Mts. Clarke, and the defendant having continually
expreffed his attachment for it, and the grief he
th-uld feel if ever he was turned out of poffeffion, of
which the ill health of his wife gave him frequent
totebodings, Mrs. Clarke, a thort time before her
death, and in conformity with the power fhe poffef-
fed, grimed her hutband a kale the premifes, in-
cluding 322 acres of land, tor 31 years, at a referv-
ed rent of z6ol. per annum, exclufive of land-tax,
which was 311..m0re. From this tianfaelinn the de-
fendant hoped to pals the remainder of his days, after
all his lodes and afflictions, upon the fame fpnt from
whence his form.r happintfs had fprung ; but he was
mittaken, and he had now the mortification to find,
that the plaintiff wifhed to get that Alb from him,
and had brunght the prefent ejectment upon ,the
ground of a fuppofed fraud in leafing the land for a
fmaller fum than it was worth. Should he get it he
would not polfefs it, in all probability, many years,
as he was advanced in life, had no male iffue, nor
was he likely to have any; ft that the eflate would
revert to the female iffue of the defendant at the death
of Mr. Kinnerfley.
Sir Jasiss MANSFIELD remarked, that the coun-
terpart of the kale to the Defendant was not execut-
ed till after the death of Mrs. Clarke, which in law
was fufficient to de4iroy the right of the Defendant
Mold under the leafe granted to him. There was
alfo another ground upon which the Plaintiff was en•
titled to a verdiit ; the climes were given to traces
to prefetve the contingent remainders, and no con-
'
veyance had been made to inch trullees during the
life of Mrs. Clarke, confequently Mrs. C. had not
Inflicient power to grart the leafe in queflion. He
hill was aware of the extreme hardilip of the cafe,
And recommended that irrcad of :linking tile of the
verdia in turning the Ddendant out of polletlion,
the Plaintiff llifnod confirm the leafe, and by his own
at realize the poiliZtai the Detendant had for a great
part of his life enjoyed.
The Jury, at the head of which was Sir William
Geary, though they found for the Plaintiff, accom-
panied it with the fame recommendation.

On Thurfday late, in fearching for the body of a
boy, who had been milling from Bank Top, in. Man-,
cheat:, and fuppofed to have been drowned in the
Rochdale Canal, that of a man was found, who
proved to be ajourneyman tailor ; but when or how
he met his untimely fate has not yet been afcertained.
The body of the boy was found in the above Canal
on Wednefday evening.
Toefday an inquifition was taken on the body of
a widow, who lied as houfe•keeper in Mr. Sadler's
family, in Coleman.itrcet, tvh•tfe clothes on Sunday
night caught fire from a candle, which fcorched her
ti, much that the died in great agony the following
aftetnoon.—Verdit Acridental Dexh. She has left fix
children. •
" Nothing venture nothing have," Paid the Abing-
don.Cooper, when he bought a whole Ticke:, which
came up a Prize of Twenty Thoufand Pounds.—
To every Lottery would the Cooper's laying apply,
but in the prefent one Twenty Thoufand Pounds may
be gained with lets probability of lots than in any for-
mer
Lottery.
On Friday laf, about twelve at night, fome villains
attempted to break into Cromwell Cottage, Oief,
Brompton, but were prevented by being fired at. It
&ems Cenral attempts have been made of late tpi
break into honks in that neighbourhood.
On Sunday haft, a farmer's fervant at Chalk in
Kent, was killed upon the fpot, by being kicked re•
peatedly on the head bv
a vicious honk.

CLESiA:aICAL MOMO PIONS.

The King has been pleated to prefent the Hon. Henry Ryder,
Clerk, M. A to theVicangc co' Clahrookei otherwife called Liay-
bioke, in the counw of I esei.iter, and pioccfe u( Lincoln, void by
the death of this Rey. !Jonah! Mackinnon.

The King has We been pleakd to prefint the Rev. Oro. Chant-
bcrirsin, Chi*, B. A. to the Vicarage of Caterirk, in the county
of York, and Diocefe of Chelter, void by the ecffion of the Rcy.
J.:-.ma Dalton.