Star.
London, England, 1824-02-11 00:00:00

PETERSFIELD.

Mr. GASELEE obtained a Rule, calling upon the de-
fendant to slew cKnse w•hy a criminal information
should not be ti;ed against him for improper conduct,
in summoning the July for the Borough Court Le::t.

THE KING V. SKETCHLEY.
Mr. BROUGHAM applied for leave to file a criminal in-
formation against the defendant, who is one of the
Trustees of Kensington Toll gate. The application
was made on the affidavit of Mr. Cobhett, charging the
defendant with.neglrct of duty in his character.of Trustee.
The COURT did tot see that a ci.rrupt motive was im-
puted to the defend-E,t, and Mr. BROUGHAM undertook
to amend the affidavit.

CARD v.
This case had been repeatedly argued at great length.
It bad been au action upon a covenant. The plaintiffs
bad been owners of nine-sixteenths of the Indiaman
Herefordshire, and had sold tiveixteenths to the de-
fendant for MOON. the defendant to be Master of the
ship, and the plaintiffs Husband:, and Agents.
The LORD CHIEV JUSTICE delivered the judgment of
the'Court. They were of opinion, that the contract
was illegal, because the appointment of a Ma,ter of a
ship so valuable, in such important and difficult navi-
gation, ought to be free and impartial, and not to be
given from interested considerations, or from money
given in the form of payment ft,r shares of the ship, or
in any other way. In this judgment the Court regarded
the East India Company only as charterers of the ship.
Judgment for the deiendant.

COURT OF COMMON PLEAS, FEBRUARY to.
THURTELL v. T. B. BEAUMONT.

Mr. Serjeant VALIGHAN showed cause why the Rule
for a new trial in this case should not be. discharged.--
He fully agreed, that it did import the well-being of
society, and the credit and secui its- of the Insurance
Office, as well as all who had an interest therein, that
every opportunity shmrld be furnished of bringing for-
ward every species of um:olluted evidence, and of ex-
hibiting in a new light the foul crime of arson, and of
exposing not merely to the penal justice which its evils,
monstrous and alarming as they were, must always call
for, but to the horror and detestation which it must be
entitled to in every well regulated mind. And was it
because thay.were deprived of the most material wit-
ness; because John Thurtell could no longer give his
evidence upon the facts, that they were to presume guilt

on that occasion, and send down his brother to a second
trial of his case, though involving a capital felony if
`the trial should have a different result? In the annals of
justice, and the habits of pure administration which they
were accustomed to behold there, such an example was
not to be met with. This was a civil question, but in.
its consequences it reached to credit, to reputation, and
to life. Was it then because an individual was so unfor-
tunately placed, that because he was related to a man
who since this action was tried had been convicted of a
crime yet more horrible and. foul, that crime for which
he had since paid the forfeit of his life, and was there-
fore utterly removed from a situation of either confirm-
ing or contradicting his former testimony, that their
Lordships were to be called on to send a case marked by
so many extraordinary features to the consideration of
another Jury ? If, relying on the evidence of one wit-
ness who had not been before produced, he had reason
to believe they who now made this application would
be disappointed ; happily those on his side could do
without the evidence of John Thurtell; and when he
uttered his sentiments with regard to the forthcoming
testimony of Hunt, he wished not to create any preju-
dice; for he knew their Lordships were sitting there for
the purpose of dispensing even-handed justice; but they
would give to such a miscreant as Hunt all the credit it
could at any time be entitled to, and which it would
always receive from their Lordships when supported by
probability and by facts. Happily they were enabled
to oppose Hunt to Hunt ; able not mei ely to oppose him.
to a single witness, but to a host of witnesses. So far
from being under the necessity of recurring to the for-
mer evidence of the witness who no loriger existed,
they had no fewer than four individuals, who were all
more or less implicated in the transaction, and who po-
sitively denied it.
The CHIEF JUSTICE reminded Serjeant Vaughan, that
the Jury on the trial expressed their satisfaction that
Thomas Thurtell bad no privity with the original firing,
and only thought that negligence was proved in sonic
degree against him after it was discovered.
Mr. Setjeant VAUGHAN said he was much obliged to
their Lordships for the interruption, as it would in such
a mass of affidavits prevent him from much unnecessary
digression, and much waste of their Lordships' valuable
time. Who had they to confront then but this witnes?
Who had they to confront with Wrigglesworth ? 1k
would take this latter person first, aid in the first in.
stance would ask who was Wriggleswortli ? He was a
discarded servant, and although that dismissal was not in
itself a ground to presume guilt, yet he was bound to
say that Messrs.Margrave were matey at any time when
they should be so required, to state the grounds of that
dismissal. Putting then this man's evidence out of the
balance for the present at least, did their Lordships think
that when Wrigglesworth should be placed on One side
of the Court and exhibited against Messrs. Hargrave on
' the other, his character against their character, and his
testimony against theirs, that it would not heap an ad-
ditional burthen of discredit upon the load under which
he was now sinking? True it was it was sworn he had no
interest in the cause; but was it because he had no in-
terest now, that they were to conclude he might have
none hereafter? and he put this the more strongly, be-
cause he knew he was addressing himself to men who
were not only of great learning in their profession, but
who were men of the world, and men of an excellent
understanding. They, on his side, had to produce wit-
nesses who could not possibly be charged with any want
of respectability or credit; they had to produce Messrs.
Margrave, who were so anxious to clear themselves from
the foul stigma and from that reproach and suspicion
which might otherwise attach to their credit with the
world, that they had furnished every paper that lay
within their reach,and were ready to assist in producing
every species of evidence that could tin ow any light
upon the transaction, or assist in forwarding the ends of
justice: they had had to produce Mest s. Morrison and
fOdd as to the identity of one poi tion of the goods. And
they had witnesses of another description : they had not
only Miss Snowden, a buyer of these goods, but they
had liosset, the watchman, whose post and position seas
just opposite to tire house in Watling.sti eet, and who saw
the flames at the moment of their explosion. Happily
Ice contradicted the entice story told by Wriggles Wot th.
(here Seijeant Vaughan took a long and elaboraterriew
of the whole evidence as touching the question of a con-
spiracy ; and contended that not only was the balance
of credibility such as would support this verdict, but to
remove from his client every shade- and every suspicihn
of guilt.) Admonished as he hid been by the. Court,
hos, ever, not to transgress the inlet boundaries and
forms of their proceedings, in a case so delicate as this,
it v as far from his intention, and still farther from his
purpose so to do.
Mr. Justice PARK observed, that there must be an end
of granting these new trials, if they could nor discuss
the evidence with regularity and fairness.
Mr. Serjeant VAUGHAN was again obliged to their
Lordships, and should probably feel himself able to
compress what remained in: him to say in the substance
of a few words. His Learned Friend (Mr. Se:jeant
who was to follow him, would not fail to point our the
strong parts of the case, to give it due weight, and
contrast the evidence of every witness, to chew to
their Lordships, who were in some degree exercising the
functions of aJury, how this transaction had originated,
how it had gradually been matured, and how the in•
demnity had been since recovered. He would satisfy
them that if Thomas Thu: tell n ere ever so profligate
and cot rupt a man—so reckless of his fame and of his
character—,o bent upon doing others mischief—that
was not-the time in which lie would be found harbour-

ing these n►achinations in his heart. Upon all these,
and others which he should now dismiss, he did im-
plore their Lordshii,s not to make this Rule for a new
absolute; and if ever such an infringement of the
sacredness of justice were to be permitted, he would
now appeal not to their justice only, but their humanity.
Mr. Serjeant PELL followed, and observed, that in this
unprecedented case he was anticipated by his Learned
Brother. (Vaughan), to whom be was bound on this oc-
casion to pay the tribute of his applause, and who, in his
jndgment, had sifted the evidence to the very bran.
Mr. Beaumont lose, in the hope that he should be al

lowed to wipe off the aspersions which had been thrown
out upon his character, before his Counsel entered upon
their argument.
The LORD CHIEF JUSTICE said he was not aware of
any aspersions.
Mr. Beaumont said, it had been thrown out that
Wrigglesworth was about to give his testimony under
the temptation of a reward.
Mr. Justice PARK observed, he was not aware that
Mr. SerjeantVaughan had exceeded the ordinary bounds
of Counsel when commenting upon evidence. Either,
however, the GeNtleman must come forward by his
Counsel, or by himself in his own behalf. The Court
would then listen to him with cheerfulness, but they
could not sacrifice the rules and laws of their proceeding.

Mr. Serjeant TADDY agreed that this was an unprece-
dented case; but if it *vas meant to insinuate that be-
cause one agent or one witness in a crime had been
since convicted of a capital offence, therefore there was
no ground for any ulterior proceeding, that argunient
he begged leave most explicitly to deny. If it were
well founded, a criminal would have to add a fresh
load to his weight of guilt, and to make it yet more
apparent in the eyes of all mankind, to secure himself
from his due punishment. He would now say to his
Learned Friends, that their evidence it was his inten-
tion to contravert, and their inferences to impugn.—
(Here Mr. Taddy took a clear and minute view of the
whole case, from the commencement of the affair with-

the lasurance Office.)
Mr. Serjeant Caoss took the same side, and the
Judges left the Court as soon as the argument was
brought to a conclusion, for the purpose of giving their
decision upon it to-morrow. ( For the decision, see this
day's Report, in the preceding page.)