Star.
London, England, 1825-01-29 00:00:00

PERJURY.-THE RING V. POWILL.

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The defendant, who is a dry-salter, and a partner in
.a banking-house at Bristol, was found guilty at the
Middlesex Sittings after last Easter Term, of having, in
his answer to a bill filed in the High Court of Chancery,
committed wilful and corrupt perjury. The defendant,
in his answer, denied ,' that he had in December, 1808,
made a fictitious sale of 101 bags of Spanish," or " that
ballad received £6OO fi om Osborne Yates for rescinding
a contract entered into between them ;" and upon those
Allegations perjury was assigned.
On a former day, Mr. Attorney-General obtained a
Rui.e, calling upon the prosecutors to shew cause why
the verdict should not be set aside and a new trial had,
on the ground that the defendant had sworn through
mistake; and had been wholly guided by a partner of
his, named Mitchell, who had the entire management
of the business.
.The LORD CHIRP JUSTICZ having this day read his
notes of the trial,
Mr. SCARLET?, who, with Mr. GURNZY, was in-
structed to shew cause against the Rule, put in several
affidavits to rebut the presumption that the defendant
had been misled by Mitchell. After the Officer had
read the affidavits, Mr. Scarlett contended, at consider.
able length, that those affidavits furnished conclusive
proof of the defendant's knowledge of the fictitious sale
of the wool, and of the rescinding of the contract with
Yates at the time that he swore to the truth of his an•
swer to the bill.
Mr. GURNEY rose on the same side, but
The LORD cHIER ANTICS said the further argument
must be postponed.
COURT OF COMMON PLEAS, JANUARY as.

The Court this morning sat in banco. The Loan
Catch JUSTICZ having recovered from his indisposition,
was able to resume his judicial duties yesterday, and
took his seat this morning on the bench along with- his
learned brothers. •
In the case of gi Sinclair v. Stevenson," which, though
of no public interest, occupied the time of the Court
several hours this morning, the LORD CHUM JUSTICE
casually observed, that he thought Mr. Serjeant
Vaughan was treating him unfairly as a Judge, in per-
severing to assert a point which he had declared to be
out of the case. The Learned Serjeant denied the im-
putation in strong terms. The LORD CHIEF Juergen,
in delivering his judgment, alluded to his former ob-
servation to his learned brother, and said that he was
sorry if it had produced any irritation in his learned
brother's mind. There was no person for whom he felt
a more sincere respect; but this he must say, in his own
defence, that he was in a situation in which he trusted
that none of his learned brothers would ever find them-
selves. He hoped that they would always enjoy better
.health Than PROVIDENCE had been pleased to bless him

with; and they would this never feel that Irritation,
both of mind and body, which might caase-.hem to
utter expressions which, whatever pain they might give
to the party to whom they were applied, gave still
greater pain to the party who used them.
BARRETT AND ANOTBIER W. COLLINS.
This was an action brought by two joint plaintiffs
against the defendant, who is an attorney, for arresting
the plaintiffs maliciously, and without probable cause.
It was tried before the Lord Chief Justice at the last

Sittings in Guildhall, London, and a verdict was re-
turned for the plaintiffs, damages 201.
Mr. Serjeant VAUGHAN now moved to shew cause
why the verdict should not be set aside and a new trial

granted, or why a nonsuit should not be entered against
the plaintiffs, on certain points of law reserved at the
trial. The grounds of his motion were—first, that there
was a want- of evidence to prove the malice which
formed the gist of the action, as the officer who art ested
the plaintiff. was desired to treat them leniently by the
defendant; and secondly, that the defendant was not
bound to allow a set-off to the plaintiffs, which reduced
his claim on them to less than an ailestable sum, as
they had a t ight to bring a cross action against him for
its amount. The Learned Serjeant was proceeSiug to
mention the points on which he thought that a nonsuit
ought to be entered against the plaintiffs, when he was
stopped by the Court, who told him that the objections
which he was making appeared on the Record, and they
most be urges in arrest of judgment.
The Couar then refused the Rule for a new trial ; but
allowed him to mention the other points on a Rule to

shew cause why the judgment bh fluid not be art ested.

INSOLVENT DEBTORS' COURT, JANUARY 28.
Robert Spooner, whose case we reported at lengti
some time ago, was brought up to-day to receive the
judgment of the Court.
The CHIEF COMMISSIONER observed, that as the
Court expressed their opinion upon die case when it was
{a-t before them, it was unnecessary to do more at pre-
sent than pronounce the judgment, which was, that the
insolvent be remanded within the walls of the prison for
ten calendar n.onths, for having contracted debts with
four of his oppoLing creditors by fraudulent statements.
George Notch, who had been before the Court on' a
former day, came up td be finally examined. The in-
solvent stated, in his schedule, that 1501. worth of stock
had been seized for rent; but on his examination he said
that it had been taken away by his brother. This gave
rise to a long investigation, in the course of which the
insolvent's brother, his servant, and others, were exa-
mined. The result was, that the Court ordered him to
be remanded within the walls of the prison for 4vrelve
calendar months, for a fraudulent concealment of pro-
perty, with intent to diminish the fund diVisible amongst
his creditors.
MIDDLESEX SESSIONS, JAN. 28.
John West, Joseph Phillips, James Blacfiter, Joseph
Tubb, arid James Boyce, were indicted for a most vio-
lent assault on Thomas Gooding and Jolla Vann, two
of the Bow-street Patrol, white in the execution of
their duty.

Mr. ALLEY, for the prosecution, detailed the circnm.
stances of the case, and called the prosecutors and four
other witnesses, from whose statement rt appealed, that
on the 27th of December, the prosecutor went to the
King's Arms public-house, in Sclateer-street, Spital-
fields, in search of a thief who had escaped from them.
That on Vann entering the parlour, one of the prisoner's
exclaimed—e, Here comes a Pig, let's kill him ;" that
the whole party rose up, put out the lights, knocked
him down, and beat'him until he was insensible; that
when Gooding came to his assistance, he was treated
nearly in the same manner. Vann received a kick,
which caused a rupture, the effect of which he is likely
to feel the remainder of his life, besides having his jaw-
bone broke.
Mr.CH A SIAS PHILLIPS, for the defendants,contended,
that the Officers were drunk, and committed the first
assault. He called several witnesses, who stated, that
when Vann entered the room, he seized Blacketer by
the collar, and threw him down ; that in the scuffle, a
table was upset, and that a general row ensued. That
Vann drew his cutlass, and, running out of the room,
sot West severely on the head, and inflicted a dreadful
wound. That Vann was not struck by either of the
prisoners, and that he and Gooding were both quite
drunk; and that on the landiord interfering, ne was
cut over the head, and severely injured.
The Jury in a few minutes returned a verdict of
Guilty, and the Chairman, after commenting on the
enormity of their offence, and the necessity of protecting
officers in the execution of their duty, sentenced each of
them to four months imprisonment in the House of
Correction, and to be kept to hard labour.
COURT OF KING'S BENCH, DUBLIN, JAN. SS.•
THS WESTSIZATH CASE.
Mr. Serjeant Gootas rose to move for a writ of cer-
tiorari, in order to obtain a new trial in this Court, for
John Monaghan and others, who were found guilty at
the last Commission, of conspiracy, in the case pending
in the Ecclesiastical Court in London, between the Mar-
quis and Marchioness of Westmeath.—Rule refused.
IMBEL.
The trial commenced this day, on an ex officio prosecu-
tion, instituted by the Attorney-General against Charles
Bolton Johnston and Thomas Haydn, for an alleged libel
on the Marquis of Wellesley, published on the 14th
of February, 1824, in the Morniag Star Newspaper,
of which Mr. Johnston is the proprietor, and Mr.
Haydn the printer. The article was headed 46 The
Profligate Lord Wharton," in which a comparison is
stated to have been drawn between that Lord Lieute-
nant, and the Noble Lord now 'at the head of the Irish
Government..
The ATTORNEY-GENERAL conducted the case for the
prosecution, and stated the case at considerable length.
In the course of his speech, after the libel had been read,
the Attornef-General said, he thought the whole libel-
lous, but parts were most particularly worthy of atten-
tion. If it had been a mere comment on a public cha-
racter, on public rounds, he would never have advised
any proceeding against the writer, he would rather let
it go unpunished than run the hazard of restraining free
discussion—the proud privilege of the Constitution ; but
this was not so; it was the production of one who was
ready to sell for money his vituperation, or his praise,
to any sect or to any party. The article in question
fully bespeaks the private slanderer, and shews that his,
object was the acquisition of money, not the advance-
ment of, truth ; he was at all times just as ready to
call on his invention as on his 'knowledge for any one
statement. In the libel he charges the Marquis
Wellesley with gross profligacy of manners—with
having spent a profligate youth—and in the third
charge says, that he is a superannuated debauchee,
arguing, on his part, an irreclaimable depravity.—
The libel further says, that be treated the Clergy of the
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Established Chufeh with -contempt—the statement was
utier4 groundless ; as also that which says, that be has
hoarded up money given him for the maintenance of
his dignity as the King's representative, in order to re.
trieve the shattered fortunes of the individual. The
fiber charges Lord Wellesley. with having 44 dis.
gusted the liberal part of the nation by his inordi•
rate love of power," and with violating public •
decency, by low amours within the walls of Dublin
Castle." Those are portions of the charge. To attack
any private individual was a matter involving deep and
serious criminality. To an individual incapable of
committing such crimes, it was no slight injury, even
that he should be obliged to. protect himself from such
an imputation. How, if so assailed, can any Lord
Lieutenant, or, indeed, any public character, discharge
his important duties with such an imputation upon him?
A private individual, if assailed, may bring his action ;
it was not competent in a Lord Lieutenant of Ireland
to take that course. Any other functionary, if so as-
sailed, may apply for a criminal information, and by
his affidavit give the lie to the foul imputation. For
these reasons it 'was that Lord Wellesley came there and
sought to punish the libeller; with this difference, that
he had not an opportunity of challenging him to prove
the truth of that libel : that was a serious grievance,
and was peculiarly calculated to aggravate the offence.
Several witnesses were examined, and the case was ad-

journed to the next day, when the Court sat at 10 o'clock,
and the case was resumed; after the examination of wit-
nesses, the case on behalf of the Crown closed shortly
after one o'clock, when Mr. Norm rose and "addressed
the Jury on behalf of the defendant Johnston (says the
Dublin Journal), in one of the most brilliant speeches
ever delivered in a Court of Justice."
The ATTORNIT-GINICRAL and Mr. O'Cowiter.t. shook
Mr. NORTH most heartily by the band upon his sit-
sing down.
Mr. O'CONNELL followed for Mr. Haydn, and applied
himself particularly to the law of the case. He con-
cluded by observing, that Mr. Haydn and he differed
upon political subjects, but they were both agreed upon
one principle—the value and inestimable privilege of
trial by Jury. It they found the defendant guilty, they
would send hith to his cheerless house, with the cer-
tainty of being soon torn from his twelve children. If
-they acquitted him, they would send him, 'Mr. O'Con-
nell, to his ten children and happy home, with the most
gratifying sensations.
The Court then adjourned to Thursday, when the
Solicitor-General was to reply.

FORTUNATE ESCAPE.

The Journals of Switzerland contain the following re-
cital : On December 20, four men, belonging to the pa-
rish of Lenk, formed the rash project of penetrating
into the Vallais by the Ravylberg, to purchase brandy.
They fortunately arrived there and made their purchases,
but the snow which fell in the night rendered their re-
turn nearly impossible. Braving the danger, however,
they set out, and reached the top of the mountain and
the dangerous passage, called the Terrible Corner.—
Here they ventured on a small bridge which unites two
points of rock, and one of them, a young man, aged 23,
lost his self-command, slipped off, and fell down
the terrible precipice beneath. The small cask of
brandy which he had on his head accelerated his
fall, and his companions saw him tumble from
rock to rock without being able to give him the least
assistance. They hastened, however, to the neighbour-
ing village (Poshenreid), and got assistance ; and,
guided by torches, returned up the mountains; but the
snow and the darkness rendered their search of no avail.
On the next day they again returned ; twenty men ac-
companied them, and they descended to the bottom of
the precipice, when all at once an avalanche fell and
covered four of them. By the aid, however, of their
iron pointed sticks, 'which they stuck in the ground, and
' lying down on the ground, they kept themselves their
places, and the avalanche rolled over their heads, and
at length they found the unfortunate Naafi who was the
object of their search. He was a corpse; mutilated and
' covered with wounds. He was buried on the 24th, and
I his family had the melancholy satisfaction of paying
him this last attention.—Courier Francais.

ORFORD, JANUARY 29.

Thursday lass, Mr. Thomas Glutton was admitted Founder's Rip
Fellow of New College.
Thursday last, the following Degrees were conferred :
MASTZU or Axis—The Rev. James Drummond, Christ Church,
grand compounder; Rev. Robert Wrottesley, Christ Church;
Rev. Charles Alkyne Anstey, Trinity College ; Edward Parris
New, Fellow of St. John's College; Rev. Frederick Edward Pe-
gus, St. John's College; Rev. George Norwood, Oriel College;
Rev. Thomas Hetling, Wadhant College.
BACHELORS or A ays.—William Biwa, Magdalen Hall; Rickard
Antram, Queen's College ; Wm. Legge, Student of Christ Church;
James Temple Mansel, Student of Christ Church ; Frederick Ale:.
Sterky, Student of Christ Church; Edward Higgins, Brasennose
College; Thomas Leigh, Brasennose College ; James aekson, Bra.
sennose College; George Jeans, Pembroke College; Thomas Hope,
University College.
CAMBRIDGE, JANUARY as.
His Grace the Duke of Buecleugh is admitted of St. John's Coll.
At a Congregation on Wednesday last, the following Degrees
were conferred :
MASTIIIS or A ars—James R. Hartley, Queen's College; Joseph
Smyth Eggington, Trinity; Richard Edwin Daniel, St. Johns;
Wm. M. Clavering, ditto.
BAOIIII.OII H, Pnrssc—James Townsend Moore, Coins College.
BscitzLoa or Aays—Joseph Jackson, St. John's College.
Samuel Stone Rushy, Esq. B.A. of Catharine Hall, is elected a
Foundation Fellow of that Society.

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M, •••••••••• a sow as em, ••••••••••
The Rev. H. Fielding, M. A. late of Emmanuel College, Cam-
bridge, is elected Chaplain of the New Bailey Prison, Salord.
The Rev. Richard Studdert has been presented, by the Marquis
of Thomond, to the Living in the County Clare, vacant by the death
of the Rev. Joseph Johnston. I
His Grace the Archbishop of Tuam has presented the Rev.
James Anderson to the Rectory and Vicarage of Moore, and the
Vicarage of Drum, in the County of Roscommon.
The Bishop of Exeter has granted permission to the Rev. James
Garton, A.B. to perform the duties of Curate in the Parisheburch
of St. Andrew's.
The 13th instant, Mr. Alexander Marshall, preacher of the
Goalie!, in connection with the United Secession Church, was
elected Minister of the Scotch Presbyterian Congregation, Kendal.
Archdeacon Davies, M.A. has appointed the Rev. David Wil-
liams, S.C. L. and Yellow of New College, Oxford, to the Curacy
of St. Mary's Church, Brecknock.

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At six o'clock in the evening of Thursday se'nnight
a file broke out on the premises of Mr. Grave, of
Warfield, Bells, which destroyed a barn and out-build-
ing, a quantity of oats and corn, two small ricks of hay,
anii-wl•eelwright's materials. There is no doubt that
the fire was wilfully occasioned, as it began in the centre
of the barn.
The Catholic Association of Dublin met on Wednes-
day, Lord KlLLexa, the eldest son of the Earl of Flu;
GALL, in the Chair. Some new members were elected,
and the amount of rent for the preceding week was
stated at 5844
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