Star.
London, England, 1830-07-23 00:00:00

LA W RPOHTS.

VICE-CHANCELLOR'S COURT, JULY T 2.

JCDOMENT. - MONMOUTH/HINT CANAL COMPANY V. HZ

CHARLES MORGAN AND OTHERS.
His Honour the VICE-CHANCELLOR gave judgment this morn-
ng in this case. The bill was Sled by the Monmouthshire Canal
Company, for the purpose of obtaining an injunction to restrain Sir
Charles Morgan and others, composing the Tredegar Iron Com-
pany. from using a certain tram road which they had made parallel
with a road of the same description belonging to the Monmouthshire
Canal Company, who contended that by the Act of Parliament by
which they were constituted, Sir Charles Morgan and the other de.
tendants were bound to use their tram road and to pay the certain
tulle for doing so. The road in question was situated east and west
of a place called Pillgwenly. By the Act of Parliament, con.
'touting the Monmouthshire Canal Company, the 321 of
George the Third, the company were autbodsed to make a
can al and train road from certain places, and powers were given for
raising the sum of 120,0001. to carry the purposes of the Act into
effect ; but in case that sum should not be sufficient, liberty was
given to the Company to raise among themselves a further sum of
lio,oolll. After several works had been executed under the Act of
the 32d of George 111. another Act was passed In the 37th of
licorge 111. which took notice of the Company's having expended
the sum of 120,0001. of the agreement to raise a further sum of
00,0002 and empowered the Company to raise a further sum of
34,1;001. to complete their works. A certain Company, called the
Tredegar Iron Company, after a short lapse of time, was formed;
the individuals composing which were also members of a Company
called the Sirhowy Train Company, and defendants in this suit. An
Act of the 42d of Geo. 111. empowered the r‘irhowy Tram Road Com-
pany to commerce a tram-road, which they were to may down to a
certain point called the Nine Mile Point; the Monmouthshire
Canal Company, by the same Act, were authorised to continue the
tram-road to one side of Tredegar Park, the residence of Sir C.
Morgan ; Sir Charles himself was to carry it to a certain point; the
Monmouthshire Canal Company were again to take part in the road,
which was to be completed by the Sirhowy Tram-road Company,
with power to make branches. The defendants, :for the purpose of
evading the payment of tolls to the Monmouthshire Canal Com-
pany, had made tram roads parallel with theirs, which the Mon.
mouthshire Canal Company considered they bad no right to do. Now
the Court apprehended, when an Act of Parliament had
creating a body corporate for a given purpose, and had authMiedsed
certain sums to be raised for effecting that purpose, that it was
not competent for the persons so forming that body, having ex-,
pended the whole of their funds, to make new works by means of
their own money. Lord Eldon had come to a similar determine.
non in the case of the Regent's Canal Company. Upon the whole,
therefore, it appeared to the Court, that it was best for it not to in-
terfere in the present case at this moment, when the cause came re-
gularly on for hearing the rights of all parties would be properly de-
cided ; his Honour, therefore, refused to grant the injunction, and
directed the costs of the present application to be costs in the cause.

BUCKINGHAM ASSIZES.

TRIAL OF SIMON BYI-TAI OR KILLING ALEXAN-
DER BI,KAY IN A PRIZE FIGHT. .

This trial, which has excited an extraordinary interest in the
counties of Buckingham and Northampton, as well as generally
throughout the country, among the patrons of manly sports, came on
at thew Assizes at four o'clock yesterday evening. A bill of in.
dictmcnt had been preferred against Simon Byrne, as principal • and
against Tom Cribb, George Cooper, Tom Reynolds, and Reuben
Marten, as accessaries in the death of the Scotch Champion, before
the Grand Jury, on Tuesday ; and, after considerable discussion,
we understand, among the Magistrates assembled, was returned 66 a
true bill." Another indictment was prepared against individuals of
the highest respectability ; but this, for the want of evidence, was
abandoned, and is not likely to be renewed.
From a desire on the part of the Learned Judge to give Byrne's
accomplices an opportunity of surrendering to take their trials,
the case was deferred to the last, and then came on at the late
hour we have mentioned; but this indulgence was not attended
with the desired effect, as no person but Byrne appeared at the bar.
The Court was crowded throughout the day almost to suffoca-
tion, and the galleries were filled with men of the highest respects.
bility in the county.
Tile case having been at length called, Byrne was placed at the
bar ; he was attired in a suit of black, and conducted -himself with I
becoming decorum.
The Indictment, charging him with Killing and Slaying
Alexander Bl‘Kay, in the Parish of Hanslope, on the 21 of',
June, was then read. It comprised nine counts, all stating the
crime differently.
The prisoner pleaded Not Guilty.
The Jury was next called. There were several challenges,
both on the part of the prisoner, and the prosecution ; but at
length twelve unobjectionable men were sworn, and the trial pro-
ceeded.

Mr. Andrews and Mr. Painter conducted the prosecution, and
Mr. Serjeant Storks, Mr. Kelly, and Mr. S. Taylor, appeared
for the prisoner.
Mr. ANDRIEWS opened the case with great clearness and impar.
uality. die observed, that in addition to Symon Byrne, Thomas
Cribb, George Cooper, Thomas Reynolds, and Reuben Martin,
were included in this Indictment; but the latter persons not having
surrendered, they of course could not be tried on the present occa.
sion. It was intended to have indicted individuals of much higher
rank, who had been participauws in the offence, and it was not the
fault of the prosecutors that this intention had not been carried into
effect. The result of the present proceeding would prove how far
such a step might hereafter be considered expedient. The Learned
Gentleman then proceeded to state the facts, which subsequently
came out In evidence.
George Ledbetter, examined by Mr. PAINTER—I am an off.
cer of Bow.strat ; I know Simon Byrne; I do pot know Alexan-
der higlay ; I saw Simon Byrne fighting with a paean who was
called Alexander or Sandy M'Kay, on the 2d of June last, in the
neighbourhood of ilanslope, in this county ; I was scot dOWD by

Lord Euston to assist Mr. Sent, the cotninissloner of crown lands,
to prevent a fight taking place on those lands; the fight did take
place elsewhere ; I saw part of it—about the middle ; I remained
about the ring nearly the whole time; I was there when the fight
finished ; I saw the prisoner fighting with another man in the ring;
that man I undentood to be Als taer ; I did not pay par-
ticular attention, I was looking altar another object ; I saw the
men strike each other ; I cannot say I saw M'Kay knocked to the
pound.
Cross. examined by Sergeant Caoss—My object was only to keep
them off the crown lands, and the Duke of Grafton'; estate ; I did
not go to see the fight. but to discharge my duty ; I never saw the
other man called tl'Kay before be entered the ring; I heard the
man in question called Sandy M'Kay, or M'Kay, since and before
the fight, and heard him called Alexander bl‘Kay in the country,
and in the neighbourhood of London since ; never heard him called
Alexander before the fight.
Re-examined—When 1 beard him called Sandy, I understood it
meant Alexander.

Thomas Evans, examined by Mr. ANDRICWII-1 am a constable
of Hanslope, in this county ; on the 2d June last I was called by
the high constable of Stoney Stratford and Newport Pagnell to at-
tend at the Watts' Arms, Hanslope, to assist to prevent a certain
tight, which was to take place in the neighbourhood; I attended the
Watts' Arms for some time; there were a great many persons there
—I did not see the prisoner there; went from thence to Hartwell,
in Northamptonshire ; saw a great number of persons assembled ;
and saw two men lighting; could not swear the prisoner was one of
those men; saw the other man before, said heard him called by the
name of Sandy Mglay, but not in his own presence ; since then
heard him called Alexander M'Kay; whilst the men were fight-
ing,
I did not hear the names called out; one of the men fighting '
I had seen at the Watts' Arms—he was called Sandy 111,1 Cay ;
the other was called Simon Byrne ; they knocked each
other about ; I waited till the fight was over ; th fought
rounds ;in the last three or four rounds, the man called M'Kay
appeared very much beat ; in the last round M'Kay was knocked
down, or fell down, I believe; did not exactly notice what occa.
stoned the fall ; he appeared quite helpless, and could not stand; he
fell on bin back ; I did not s e how ; he was then taken to the Watts'
Arms ; I did not see him any more till be got to the Watts' Arms;
at the Watts' Anna I saw Mr. Ileygate, the surgeon, and two men
that I beard called Thee. Cribb and George Cooper; I did not
notice any other person; I did not hear them talk; I saw the man
called M`Kay afterwards in bed, when Mr. Thomas Heygate was
with him ; 1 did not hear him spoken to.
Anne Stanley was called, bat did not answer.
Richard Monday, a barber, at Hanslope, deposed that he was at
the fight on the 2d of June; saw two men fighting, they were called
Sandy M'Eay and Simon Byrne; had seen the person called Sandy
M'Kay the night before; could not swear to the prisoner; the hair
of the men was short ; would not be certain that it was shorter
than that of the prisoner at the bar; had cut the man called
Sandy MiKay's hair some hours before the fight ; I cut it short ;
I saw the body of the man whose hair I had cut afterwards;
there were bruises about the shoulder; there was a mark of a
name on his right arm—it was " Alexander M'Kay ;^ it was done
with gun.powder.
John Field, of Sherrington—Was at the fight at Hartwell on the
2d of June; saw a great many people standing about ; a fight took
plea between two men, who were called Simon Byrne and Sandy
'Kay; saw blows struck or exchanged; saw blood from the ef.
frets of the blows; they continued to stand up after the blows ;
there were several rouas...that is, they stood till one or other or
both were down, when they got up and stood again; In the last
three or four rounds 'M'Kay seemed to have his face cuts good
deal ; in the last round M'Kay fell, front a blow as I thought—
apparently to me he fell sideways ; his hands were well up in a
fighting attitude when he fell ; when he was hit his bands dropped,
and he fell; did not get near enough to see him after ; the blow
spu.ed to be given by the man the called Simon Byrne ; saw the
prisoner at Newport of the fight ; a week after.

Cross-examined—.l never saw Byrne that I know of, in my life;
I know nothing about fighting; I cannot say whether it was a fair
fight or otherwise; I am no judge of those matters, nor do I wish
to be.

Benjamin Wilford—Lives at Newport Pagnell ; saw a fight on
the 2d of June, near Hanslope, between two men called Simon
Byrne and Al'lCay ; the prisoner was one of those men.
Cross-examined—Was a painter; was before the Magistrates
when an examination took place; was summoned to attend; the
summons wu signed ; did not bring it with him; went before the
Rev. Mr. Prettyman; that wu more than a week after the fight;
would not swear bow near he was to the men fighting; supposed it
to be about thing roods, but would not swear to the exact distance;
had business that way, and thought he might as well go and see the
fight; bad been at a fight before ; did not profess to be a judge of
fighting.
lilr.James Heygate, a surgeon, living at Hanslope, deposed, that
on the 2d June last he was in that village; did not see the prisoner
on that day ; saw a man called M'Kay; he rather thought he
heard him called Alexander M'Kay; he saw a fight in the parish of
Hartwell, between two men, whom he heard called Simon Byrne and
Alex. 31'1Eay ; was quite in the back ground, but saw part of the
fight, the first part; did not see the latter part; the two men were
fighting with their fists, and striking each other; they were occasion-
ally down; when the fight was over he went up to M`Kay, and found
him insensible; he bled him upon the field, and then had him con.
veyed to a kind of break or carriage, and from thence to the Watts'
Arms, Hanslope; he accompanied him in the break; considered
that the insensibility was produced by some injury to the head.
Whilst going along the road, he kept his fingers in the man's
mouth to prevent suffocation ; attended him occasionally till the
time of his death ; he died the next day about nine o'clock at n4ht ;
afterwards examined his head; found a contusion on the left side of
the head; on cutting through the scalp, and after removing the
scull-cap and dividing the dun; mater, he discovered a considerable
effusion of blood ; the brain was otherwise healthy ; the brain was
evidently compressed ; there was more water in the right ventricle
than the left; there might be three or four table spoons of blood
effused; the contusion of the brain of the deceased, he thought, had
been produced by falls or blows; the effusion of blood was the cause
of death ; considered that the insensibility on the ground was caused
by concussion or compression of the brain ; had seen M'Kay before
the fight, he was then in good health.

Cross-examined—Was on the ground at the commencement of 1
the fight ; heard the man called Alexander bliKay the night be.
fore the fight; wentato the fight to render professional assistance
if it should be wanted; being near his residence he went o.
fessionally, and stopped till after the fight was over; he might
have been forty yards from the men fighting; was on horseback;
the fight took plea about a mile and a half ikon his house;
saw the fight, though not well, occasionally; never was at a
prize.fight 'before ; could not say whether it was a fair fight
or not, as he knew nothing about fighting ; the road from the 1
II ring to Hanslope was occasionally a very rough one ; the I
break was a long carriage--could not say whether it went
on springs—it was easy ; saw Jil'Kay put into the 'break, and saw
him taken out; when they bad carried him halfway up stairs, he
saw that they carried him heels foremost ; they had to carry him
through a narrow passage and up a narrow staircase ; could not say
who carried the man ; he protested strongly against the mode in
which the man was carried; it was not his assistants who carried
the man ; he protested strongly against his being carried in so hn.
proper &manner ; they had then no alternative, and they were obliged
to carry him up to the room in that position; he did not wish
'the man to be brought down again; ill'Hay was a very large
muscular man—a magnificent man ;he was taller and bigger than
the prisoner; excitement would produce a rupture of a vessel on the
brain, or any strong individual exertion ; a man wrestling or stalk.
fag a blow himself, and miming, might produce a rupture of a
blood vessel, and decidedly more so if accompanied by great mental
excitement ; a fall or blow would have produced the contusion he
described ; more probably a fall ; the contusion was the left side
of the hea ; if that fall was occasioned by missing a blow, or any
other cause, it would have produced decidedly the same effect ; the
whole, excitement, fall, and altogether, might co-operate to pro. I
duce the effusion of bloid ; if a man received a violent blow half a
hour before he went to fight, and that blow was followed up by ex.
citement and exertion,that would decidedly have tended to produce
a rupture,of a blood essel on the brain.
Re.einiroined—A vast excitement would produce effusion of
blood, but not contusion ; striking a blow and missing, when in a
state of excitement, might produce a rupture of a blood vessel; the
effusion of blood came from an artery of considerable size ; could
not say whether it came from the main body of the artery or not.
Examined by Mr. Justice Lirrt.rnaLz—Could not, of his
own knowledge, say that experienced pugilists aimed blows, and
missed them. _ . . ..

---
Mr. Sergeant Stow observed, that this was the fact in a case
tried in that Court between the two Eton boys.
Mr. Justice LITTLICDALZ—They were not professed pugilists.
Mr. William Stowe, a surgeon, melding at Buckingham, had
practised surgery for twenty years ; has written upon poison ; had
paid attention to cases of violent death, in the course of his ordinary
make. Those occasions had been frequent; from the evidence
he han hemd that day he was of opinion the death of Iti,Kay had
been occasioned by blows, or injuries received in the fight; he was
confirmed in the opinion from what he heard fall from the medical
witness. He thought this particularly from hearing that the Inter.
nal injury was connected with the external Injury. The same part
of the brain was affected, and the etil elan of blood occasioned death.
Cross.esamisted by Mr. S. Taxaoa—Wu not present upon the
post mortem examination of the deceased, his evidence was (minded
upon what he had heard that day ; could not say whether the death
was occasioned by falls or blows ; did not to say that if
the death of the man was occasioned by a aanthst tall might
not have been obtained by his own exertion in attempting to
throw his antagonist ; such a fall, if it took place, he would
consider as occasioned by the deceased himself and not by the pd.

sena ; be only spoke generally of injuries received; it might happen
that a man received a blow not mortal in itself, yet that blow, by his
own subsequent exertion and excitement might become mortal; a
blow received, not fatal in itself, might afterwards become fatal by
ill-treatment. A contusion in the bead, nit aortal in itself, might
be made mortal by subsequent M-treatment, which would not other-
wise have proved so. Many Woo= had osionoil In wbkk as,
rendered insensible by a blow, bad recovered. I'llsoolowessio Webs
have been rendered fatal by after ill-treatment Of Ilkinalreema. I
There could net have been a worse mode of troolnield WI a man, whoa
had been rendered insensible by a blow IN a 1111, than to carry his
up a steep staircase with his bead down, as deathbed by Mr. Hey-
gate ; should say such was very Improper treatment. It might cer-
tainly have been worse; a man might -naive a blow, the effects of
which might be latent for a time, and subsequent exertions make
It visible.
In re.examination, be said it was possible a blow, not fatal in
itself, might be rendered heal by the man being carried up stairs
with his legs first, in the manner described ; as a matter of opinion,
he should consider that the cause width produced insensibility in
the deceased in the ring, had been the cause of death, and not the
carrying up stairs ; had known many instances in which insensibi-
lity produced by contusion had not bt• followed by death.
James Cox proved, that the fight took place within 140 roods of
the boundary of the County of Buckiagham. (The Statute allows
600 yards).
M. Thomas Heygate (brother to the gentleman already ex-
amined) frequently attended the person called M'Hay, at the Watts'
Anna, at Handope ; was present at the examination after death;
en opening the head observed an elusion of blood upon the brain ;
he considered this had been occeelened by a fall or external injury
on the head; the cause of death was the effusion of blood; was at
the fight; blows were est:hefted ; saw the last round, but did not
see what month with distinctness; after the last round the man
was Insensible ; he considered inmesibility had been produced by a
fall or a blow.

Cress.examined by Mr. SILL!—Did not see any particular fall
or blow; a man might be rendered insensible without that blow
being mortal; a blow. in itself not mortal, might be rendered so
by carrying the man along $ rough road, and up a steep staircase
with his heels up and his dead down; this treatment was as bad
as it could be short of actual violence ; an effusion of blood might
ably be caused by such treatment, and more especially if it wasy,
tzeatay, large person, such as M'Kay was, who had bow thus

The case for the prosecution was hem closed; when
Mr. Serjeant STORKS submitted that there was no case to ::
the Jury. The proof of death having been canoed by the
was as necessary in an indictment for manslaughter as in murder,
end here there was no proof that the prisoner bad occasioned the
death of the man called M‘Kay.
Mr. ANDREWS objected se any spa& en the occosion, and called
upon Mr. Serjeant Storks to mew Mies& to his simple objection.
Mr. Serrui as rant STORKS was a roue of pointing out to his
Lordship t there wno pestt the blows or falls given by the
prisoner had been the cause of death, and hence there was no fact as
him to go to the in,,.
regardedr.ustice LITTLEDALN observed, that MIR sispposize this to
be the case, yet, that it had been decided, that although blows
or injuries proved to have been given were net be diminishes mor-
tal, yet, if from subsequent ill treatment the piety died, the
who inflicted the injury, and who was fits pdedpal cause of
the fatal result, bad been held to be guilty of murder, of man-
slaßghter, according to the degree of crime proved.
Mr. 812jOUN STORES submitted that there was no evidence that
the concussion en the brain had been produced by the act of the
prisoner.
Mr. S. TAYLOR also submitted that there was no proof of the
identity of the deceased. There was no evidence that he was the
individual Alexander lll`Kay described in the indictment, although'
proof to that effect might have been had; and if Simon Byrne
should now be acquitted under this indictment, he could not here-
after, if again indicted, plead mare/vie acquit.
Mr. ANDREWS contended that the evidence of identity was quite
as sufficient, and that there wno doubt the prisoner would be entitled
to the full benefit of acquittal, if such a verdict should be returned.
In this opinion the Learned Judge concurred. The name on the
arm was a sufficient proof that the dead man was called Alexander
114‘1(ay.
The prisoner was then called upon for his defence, but he declined
making any observation.
Witnesses were then called in his behalf.
George Pacey lived at Castle Thorp ; he knew a man who was
called 'Kay;M maw him fight; saw him before the fight took place
go from a clew near the Watts' Arms; be got over a pie in going
from the close, and fell on the ground on some rough stones; the
gate flew open as he was putting his hands on it to get over; he
fell with his head en the stones; he got up, however, and then
went on to the fight ; he helped M'Kay out of the break, and as-
slated in carrying him up stairs; he was a tall heavy man.
Cross.examhsed—The gate was a common gate, not three feet
high.
Mr. Thomas Spring—Keeps the Castle Tavern, Holborn, and is
acquainted with the prisoner; had known several challenges sent
to theprisoner through she medium of Belie Life in Doan, sad
otherwise, to fight MiKay : the prisoner repeatedly expressed a re.
luctance to fight him. Knew the prisoner for two cars;y he was al
good-hearted, kind, humane man—remarkable for his geod-nature
sod kindness of disposition.
Crose-esamined—ls not a prise-flghter ; did not light Nest more
than once ; was not at the fight which took piece on the 2d of
June.

George Ledbetter, the Bow-street Ofßeer, was recalled s—Knew
the prisoner two years • his character for honesty and good-temper
was unimpeackd i he was a very humane, kind man, and his cam.
pan was courted on that account.
There were several other witnesses In attendance, but the Counsel
for the prisoner considered they had shown enough to prove that he
was reluctant to fight, and that his character was that of a kind.
hearted and humane man.

The Learned Junes remarked, that many men might be all that
Byrne had been deocribed out of the ring, and yet in combat might
assume a very opposite character.
His LORDSHIP then proceeded to sum up the evidence with great
perspicuity and impartiality. With regard to the proof of the iden-
teltie,rsatt the cause of death, those were matters fairly foe the con.
nof the Jury. On the litter point, the testimony of the
surgeons was such as to lead to a belief, that by possibility the
prisoner had not inflicted the actual blow or fall by which the de.
ceased bad been deprived of life ; but if the jury were satisfied that
he was the primary cause which led, under the ciraamstances de-
scribed, to the loss of life, the proof of the crime imputed to him by
the indictment was complete.
The Jury, after about ten minutes' consideration, announced that
they bad agreed on theft verdict; and on the question be put by'
the Clerk of the Arraigns as to what that verdict was t they pro.
flounced with an audible voice—" Not Guilty."
This verdict was received with the loudest and most boisterous
acclamations, which it required some exertions on the part of the
officers in Court to suppress, and which were warmly animadverted
upon by the Learned Judge, as most indecorous.
The prisoner was then arraigned on the Coroner's 'Dacia*"
but no evidence having been offered, on that he was acquitted ah"
and immediately quitted the dock amidst the warm congretulations
of his friends. The whole town was in ecatacies for the remSlollllr
of the night, and the feeling of triumph universal.
The proceedings lasted till nearly nine o'clock, and it is under.
stood that no future attempt will be made to indict or bring to trial
the other parties included in the indictment with Byrne, or to prefer
any fresh Indictments.
No expence was spared in defending Byrne on this occasion. No 1
less than five solicitors were engaged directly or indirectly, and 12 1
witnesses were taken down erom London, as well as those from
other quarters, who were supported for three days at the White 1
Hart, and other ions in Buckingham, at a heavy charge.

• - POLICE REPORTS.

Mair.r.o-aoxis--Wednesday night, FriliimaSheen, a young
lad, was cheesed before Mr. Rawtiggsow with picking the pocket
of Lieut..OPL Ste Blehard Jackson, Ban.
Sir Richard mated, that as he was walking, about six o'clock that
evening, from Berkeley-square, to his own residence in Mode-
street, Manchester-square, and was very near it, be was spoken to by
a person named Roberts, who asked him if he had lost any thing ?
He felt, and missed his silver snuff-box from his cost pocket, and
Roberts took him back to Manchester-square, and pointed out the
prisoner, and he proved to be the thieL
It appeared by the evidence of Thomas Roberts, a painter, who
lives at No. 14, Bloomsbury-square, that be saw the prisoner fol.
low the baronet very closely up Duke-street, and saw him in Man-
chester-square put his hand into the baronet's pocket, and turn
back. He went up to the bonnet as quickly as he could, and
said, " Sir, you have bees robbed g" and when they returned to the
square, the prisoner was sitting upon the stone basis of the iron
railing which encloses the centre, looking at the snuff-box. Mr.
Roberts tried to lay hold of him, but he threw down the box and
ran away, and he was pursued and taken.
Mr. RAWLIKSOW sent him to Newgate for trial.
Yesterday mooning Zlisabeah Pugh, a smart, respoctable•looking
young dressmaker, was charged with felony.
Francis Monk, ofDrronshirs-Placos tailors roLoolootod to Mr,
Rossiya that, as he was returning hero* late es Wednesday t
he fell in company with the prisoner, and finding her an
companion, he suede up his mind to ass her sale boa. took
him to the door of a very respeetabk house in Upper Yeek-street,
Brymuston-square, and said, " fiord night." " Oh, don't my
good night yet," be replied ; " come and have something to drink
with mr" Sbe consented, and they went to a pnblicAmme in
the neighbourhood, and had some brandy and water. He then

her to eleginswitst him, and for that purpose he took
her persuadedd
to one of that i plame in Dean-street, Lisson•grore
called by
_the keepers of tbem " Company-houses," and the;
went to bed. He bed melt rends in his pocket, and to secure
them he put his pantaloons miler his pillow, and she told him she
must get up early, for she had $ good deal of work in hand. He
awoke at half past five, ad his companion was gene ; and work
than Mot, his money was gem; his pantaloons had been drain,
hem underneath his pillow, end the pockets had been rifled. He
ipst up and went to her season In Upper York-street. Mr. Whitt.
Md. the pespleMe of tbe bone, said she was there, but refused
ha shaiselen, and he meld not obtain it until he called in the
ambemais of a pellse emetabie. Mr. Whitehead then called the
down hem her mnammt. She at find denied the charge
truirZwards she hidsed ha reticule, and took out a 51. bad,
note, a sovereign, _and some ;diver ; and said she took it from the
prosecutor in a lark, knowing he had the means of finding her.
Mr. Hosting asked Mr. Whitehead why in the first instance
he refused admissioa to the prosecutor ?
" I would velum it to your Worship, at such as unseasonable
hour (he replied), unless you produced authority to enforce it.
He said, she came to be his lodger in the character of a married au.
man. She had lately been in the Queen's Lying-in Hospital, and
was entered there es such, and be bad a satisfactory account of her
from her last lodgings.
Mr. ilosetws asked her if she had any 1,17 to ?
She told him, her motive was good ; she not the most remote
idea of committing a robbery; ler prosecutor expressed himselt
pleased with her company, and made a proposal that they should go
abroad together, and she took his messy to try his sincerity, and
secure mother interview with him, for It would of course bring him
to her lodgings.
Mr. Hoaxing said he had no alternative ; the charge against her
was fully made out, and be must end her to Newgate for trial.
She cried bitterly, and appeared to faint, and Heys, the gaoler,
carried her to the cell.

SCINTILLA.

SOCIABILITY.—Lord Dorset said of a very dull, but
very good-tempered fellow, “ It's a thousand pities that man is not
ill-natured, that one might kick him out of company."

SHAKSPRARZ ILLUSTRATZD.—" They eay the owl
was a bakerisds,uhter," a passage in Hamlet, is founded on an
early legend brought to light by Mr. Douce. The substance of it
is, that • baker's ughter, who refused bread to our tiinvzona, was
by him transformed into an owl, as a punishment for her impiety.

- -
EXCOKMUNICATION.—The Emperor Frederick op-
posed the ambitious projects of the Court of Rome, under the pon.
Meats of Gregory IX. and Innocent IV. The thunder of the
Vatican was let loose against his Imperial Majesty, end he was
anathematized. A curate of Paris arose in his pulpit with the bull
of excenmaunkation in his hand, and thus addressed the congrege.
Lion You know, my brethren, that I am ordered to proclaim
an exotenmnnicadon against the Emperor Frederick. lam igno.
rant of the motive. All that I know is, that there exists a great
difference and irreconcileabk hatred between this Prince and the
Roman Pontiff, but (ion alone knows which is in the wrong
therefore* I excommunicate him who injures the other, and absolve
him who suffers."

THZ TERAPIII/111141 was a kind of image which
the magicians pretended by their art to endue with the power of
ying. Henn the scriptural passage, " The Teraphim hare
sPproortsvanity." (Zech. x. 2.) The following is said to have been
the method of making the Teraphim :—They killed a man that was
a first-born son, and wrung off his bead, and seasoned it with salt
and spices, and wrote upon a plate of gold the name of an unclean
spirit, and put it under the head on a wall, and lighted candles be.
fore it and worshipped it.
La COLON BIN s.—The environs of Florence owe their
beauty to a race of farmers who are industrious and liberal. On
Easter Eve 1 remarked a crowd of these farmers collected in the
Cathedral of Florence, to watch the motions of an artificial dove,
which, just as the Priests began " Gloria in Excels*" burst
away from the choir, glided along the nave on a rope, set lire to a
combustible car in the street, and then flew whizzing back to its
post! The eyes of every peasant were wistfully ?fretted on the
sacred puppet, and expressed a deep interest in its flight; for all
their hops of a future harvest depended on its safe return to the
altar. This little anecdote may not be uninteresting at the present
moment, as it is evidently the origin of Gyngell's Dove.
AERIAL BOOTH, OR Houst IN A TREE.—In the
garden belonging to the Gardener's Society in Ileuriesten, the pre.
sent tenant has, with considerable ingenuity, erected a kind of
serial mansion in the midst of the branches of an old Bean tree,
which is furnished with seats sufficieit to accommodate twelve per.
son. The view from it is extensive and very picturesque ; dr.
bracing a portion of seven counties, viz. Sdrling, Linlithgow,
Fife, Kinross, Clackmanan, Perth, and Dumbarton. Among the
many towns, hamlets, villas, rinks, and demesnes, which adorn
the landscape, the residences of Lords Dundee, Dunmore,
Elgin, Keith, Elphinstene, and Moray, are pre-eminently
distinguished. The prospect is bounded on the north by the Oehil
Hills—by the elevated lands of Fife on the east, with the tows and
spires of Dunfermline rising Into view, and rendered venerable from
being the place where the remains of the renowned King Robert
Bruce were deposited--on the west, the prospect is bounded by the
lofty summits of Benledi and Benvoirllch. In short, a richer di,.
play of picturesque and finely diversified scenery is seldom to be
met with among the more renowned of our Scottish views, than that
which is obtained from the Gardener's tree in Laurieston.

ANECDOTE OF SIR THOMAS LAWRENCE.—ThO
father of this great artist kept the Bear Inn, at Devises. His rul-
ing passioo was polite literature. When any guest arrived at the
Black Bear, Instead of finding a bill of fare which might tempt the
satiated, or gratify the famished traveller, they were surprised by the
figure of Mr. Lawrence, who, entering the room with a folio Shaker.
pears or Milton tinder his arm, would expatiate with energy upon
the talents of his son Tommy, and request the guests to let the
child recite to them a passage of poetry. Lord and Lady
Kenyon (about fifteen years before the former attained the
Peerage), arrived one evening at Devises, where they were
resolved to stay for the night. The severe barrister's nature re.
quired from an innkeeper the homage due to a satrap, and he
wanted a good supper, a good bed, and a bill either so small
es to gratify his penurious habits, or so large as to enable him to
dispute the amount The lady was in an angry mood at being
stopped at Devizes on her short career of fashion to Bath. At an
unfortunate juncture of altercation, in which the barrister most
probably was out-argued and out-talked by the lady, Mr. Law.
fence entered, his eye In a " fine frenzy rolling," and his arms
come , the one a folio Shaltspeare, and the other a Milton.
He Zgh:gto expatiate upon the genius of his beautiful bo),.—
who, " although only in his fifth year could rehearse them
poetry or speeches, or bike their likenesses." lady Kenyon's vexation
and anger at so untimely an interruption, and at the pertinacity of
the father, were at their height, when the door opened, and tiler,
into the room, straddling upon a stick, the most lovely and
:Prreirteel child that they bed ever beheld. His beautiful face was
flushed with exercise, and neither she nor her husband felt
inclined to stop his gambols. As soon as the boy could be
got to stand still, Mrs. Kenyon took him in her arms, and
asked him if be could take the likeness of that gentleman,
to the future Lord Chief Justice ? The child, look.
an impatient earnestness at Mr. Kenyon, exclaimed,
es, that I can and very like too." Whilst materials were sent
for, the child had resumed his play; but when all was prepared,
throwing his little legs ftom over his stick, be was lifted on the ta.
ble, and seated in an arm chair, from which height he took Mr.
Kenyon's likeness, with a rapidity, a spirit, and a correctness truly
astonishing. The child was impatient to be gone ' • but Mr. Ken.
yon, coaxing him, asked if he could take the liken''s of the lady
The boy exclaimed, " Yes, that I can, if she will only turn her side
to me, for her fees is not straight" This produced a burst
of laughter, for Lady Kenyoo, by some accident, had a slight
curvature of the nose. Tlsescilld took the profile. Twenty-five
yeas after, an old friend of Lady Kenyon saw this portrait, and
could distinctly trace a likeness to what her Ladyship had been at
the period when it was taken. The drawing was about five inches
broad, delicately shaded, but with the feebleness and indecision of a
child, except in the lines forming the contour of the countenance.—
Jwoenile Library,.—(Life of Sir Thomas Lawrence.)

BIRTH&

On Thursday, the 22d imt. in 6t. James's-place, the lady of
T. W. Beaumont, Esq. M.P. of a daughter.—The 22d inst. the
lady of W. Pots, Esq. of a son.—The 21st inst. the lady of C. Ber-
keley, Esq. of Ilentagu-place, Russell-aquare. of a daughter..—Tbe
20th inst. the lady of T. Radford, Esq. of Ingham Derby-
shire, Oa daughter.

MARRIED.
The 110th last. at St. Mary's, Newington, Dr. 'Lee, of Golden.
square. to Matilda, fourth daughter of Dr. Hall, of Newington.—
The 110th inst. at Et. Andrew's, Holborn, Mr. E. Clarke, Fleet.
street, to Ann, only daughter of Mr. Kumar; of Lamb's Conduit.
street.

DIED.
The 17th Inst. after a very severe and lasi Ilbwas,
Filmer, teeter of Lower Heyford, Onbilebime s b
the late Rev. Sir It.. Fibber, Bart. of Let %Nis
The nth inst. Mrs. Tebbut. of Limebarase. seed
hut. Mary, Want daughter of Mr. and Mrs. '
Lower Thanieustreet.

Lowoeu e Meted sod POlobed by Jouw UM
Onus 14Q.1, notou-pbee,Teryle

(suss, the Rev. W.
he was third son of
a peek In Kent.—
p,—The 21st
R. A. Aytwin, of
oreity at the Stan.
Dar.