Star.
London, England, 1809-01-11 00:00:00

MIDDLESEX SESSIONS.

PERJURY.—THE KING 'V. IURDOII. I
Yesterday.--The Defendant in this case is Alex-
ander Burden, Esq. a gentleman of fortune, residing
in the county of Derby, and the Prosecutor is Charles
Browning, Esq. late High Bailiff of Westminster.
In the month of August 1804, Mr. Browning propo-
sed through the agency of a Mr. John Monkton Hale,
to sell to the Defendant an annuity of 4001. per an-
num, at six years purchase. The bond of annuity
was afterwards executed ; and in the beginning of,the
year 1808, Mr. Browning moved, in the Court of
Common Pleas, for a rule to shew cause, why the
bond and warrant of attorney should not be set aside
and given up. This application he supported by an
affidavit, in which he stated, that the sum agreed to
be advanced to him, as the consideration money of
the annuity in question, was 24001. that afterwards
two several deductions were made by Mr. Burdon
from the sum so to be paid, one of them amounting
to 1001. for insuring Mr. Browning's life against that
of his mother's, Lady Louisa Browning, and another
amounting to 261. as the expenses incurred by Mi.
Burdon, by living in town a few days longer than he
intended, for the purpose of completing the transac-
tion with Mr. Browning. Farther, that he (Mr.
Browning) had stipulated only for am annuity for his
own life, whereas, when the deed came to be read
over, it proved to be an annuity during the joint liv7s
of Mr. Browning and Miss Emilia Burdon, the niece
of Mr. Burdon, a child of six years of age, and the life
of the survivor. He then objected to the bond on account
of the life of Emilia Burdon having been inserted in
it, but Mr. Burdon refused to pay the money on any.
(Ater condition, and Mr. Browning being in embar
rassed circumstances, was obliged to comply. Mr
Browning had also to pay out of this sum, the ac-
count of Mr. Andrew Lovering Sarel, the attorney
for Mr. Burdon, amounting to 1101. and also to pay
a farther sum of 2501. to procure Mr. Burdon's con-
sent to his disposing of his office of High Bailiff of
Westminster. On this shewing Mr. Browning ob-
tained his rule, and Mr. Burdon, in shewing cause
against it, filed an affidavit, in which he negatived
almost every word stated in the affidavit of Mr.
Browning, particularly the fact that the consideration
money was 24001. the consideration money being as
stated in the bond 2'2741.; and the 1261. the difference
between that sum and 24001. not being any deduc-
tion from the sum actually agreed to be advanced,
but a short payment on account of the security not
being so good as it was represented to be. He also
denied that Mr. Browning had ever, at the time of
executing the bond of annuity, objected to the name
of Emilia Burdon, as one of the lives for which the
annuity was to be granted. In consequence of this
affidavit of Mr. Burdon's, the rule obtained by Mr.
Browning for setting aside the bond, &c. was dis-
charged. The present indictment was now preferred,
charging the Defendant with perjury, in the affidavit
so filed by him.
Mr. ALLEY and Mr. Azeorr opened the case for
the, prosecution, and were followed on the same side
by Mr. Serjeant BEST.
Mr. Browning was the first witness examined, who
swore to the same facts as stated in his affidavit in
the Court of Common Pleas. On his cross-examina-
tion he stated, that objections had been made to the
sufficiency of the security, but that the deductions
from the 24001. were not made on that account.

Mr. Gideon Fly, who was clerk to Mr. Sarel, the
defendant's agent, at the time of executing the bond,
recollected that there was some observation made by
Mr. Browning, who expressed surprise at hearing
the name of Emilia Burdon. Also, th.it there was
mention made of 1001. for insurance, and 261. for
expences.
Mr. John Monkten Hale also spoke to the same
facts.
Mr. Serjeant SHEPUERD (supported by Mr. GAR-
Row, Mr. CONST, and Mr.easel-) conducted the
defence. He particularly dwelt on the direful effects
of a conviction for perjury, which must, to a mind
of sensibility or feeling, be worse than death itself:
It was therefore only where the evidence was incon-
trovertible and conclusive, that the Jury would give
effect to an accusation of this sort, particularly against
a person of respectable character, who could have no
inducement to involve himself in a crime which must
stamp him for life with infamy. He argued that
Mr. Browning was an interested witness, and that
without Miss the evidence for the prosecution amoun-
ted to nothing, they being contradictory both to
Themselves and to Mr. Browning. He should call
Mr. Sorel, who was present, and would completely
give the lie to what had been stated by the witnesses
far the prosecution, so far as it could be supposed to
bear on the question.
Mr. Sarel was accordingly examined. He read
over the bead to the parties previous to its being exe-
cuted. He heard all that passed, and did not observe
the prosecutor to make any objection to the name of
Emilia Burdon as one of the lives ; neither was there
any conversation as to insurance or expences.
On his cross-examination, however, he would not
take on him to swear that no such objections had been
made; them was some conversation while he was
reading the deed, but he cu not understand that to
have been its effect, else he would not have allowed
the deed to be executed.

Mr. Benson, a respectable conveyancer, who pre-
pared the deed, stated, that it had from the beginning
been one or two or more lives. The consideration-
money had been altered ; it had originally stood at
23001. and had been altered into 22741.
Mr. Serjeatt BEST, in a most animated and able

reply, contended, that even the evidence for the De-
fendant had proved the perjury. The draft of the
deed itself, which could not lie sheaved that, at least,
to the extent of the 261. the Defendant was perjured
—but he submitted that, to the whole extent of the
affidavit, the evidence for the prosecution was con-
clusive. Mr. Browning had been said to be an in-
terested witness. He was not so He had already
been foiled in a Court of Law, and could not try the
question there again. He might, to be sure, go to a
Court of Equity, but there the conviction could not
be received as evidence. The really interested wit-;
ness was Mr. Sarel, who, having sworn in-affidavit
in the Court of Common Pleas, for which, as well as
the Defendant, he might to-morrow be indicted,
was indeed interested in preserving, as a proper
witness, the only person who could serve him on his
trial, and that was the present Defendant.
After a very clear charge by Mr. MAINWARINC,
the Chairman, the Jury deliberated for upwards of
half an hour, and found the Defendant Guilty, but
recommended him to mercy on account of his cha-
racter.
The CHAIRMAN expressed his approbation of the
verdict, and the Defendant was ordered to. be con-
veyed to Clerkenwell prison.
The case occupied the whole of the day from ten in
the morning till nearly eight.

J. BAXTER and Co. Confectioners, in Edinburgh
and Glasgovi, respectfully inform the Nobility and
Gentry, that at this season they have for years been
in the custom of sending to London, Bath, and all
over England, SCOTS BONS, SHORT BREAD, and
other CAKES, Which for rich and delicious flavour,
have long had a preference at the tables of fashion in
every part of the united Empire. This year they
can warrant them of the very best kind, having been
particularly fortunate in meeting with a quantity of
nice Dutch Butter, which gives such a delicate and
peculiar richness to the taste of the Buns, as to make
them in the highest degree delicious and exquisite.—
Boxesirom one Guinea to five, containing a variety
of Cakes, conveyed to any distance with perfect
safety. Great variety of Scots Comfits, from Is. 6d.
to 4s. per pound.
NATURAL HISTORY.—At day-break on the fid of Ja-
nuary 1809, an enormous fish was descried at half ca-
ble's length from Penryn quay, steering towards the
town,and three boats, underthedirection of Capt.lluNx
were. manned to attack him ; the first he inclosed, as
it were in a pond, formed by a circular curve from
head to tail, without doing any injury. A man then
courageously cut a hole in the dorsal fin, through
which he rove a hooked rope. Upon feeling this, we
fish attempted to put to sea, but being diverted by
some hard blows on his snout, he sheered towards
the Falmouth road. A three-inch rope doubled was
wen parbuckled round him, which he instantaneously
snapped. A hawser from the quay was next applied
to him, when, after dragging a sloop's anchor, tearing
up a moorstone post on the quay, and staving a boat,
he was brought into shoal water, and, it being ebb
tide, subdued. He was afterwards towed round by
three boats, and with the tackle of a sand-barge and
the exertions of 20 men and three horses, he was drawn
upon the slip of Colonel Heame's quay, where he
remaineda few days for the amusement of the curious.
He measures 21 feet long, 19 feet round, 9} feet
high, 7i feet mouth • and his weight is supposed to
exceed five tons. Although the general appearance
and disposition of thi fish approach more towards
the whale than the shark, he is undoubtedly a male
of the Squalus Genus, being the Squalus Maximus,
the Baskiiig Shark, or Sun-fish ofPennant. It abounds
in the Irish Channel, and on the West coat of Scot-
land. It has been observed to derive great pleasure
from basking on the surface of the ocean during the'
heat of the day, whence both its English denomina-
- lions. • The liver of this kind yields ou an average
eigl:t barrels of oil, which is not only pure, sweet,
and 4t fctr lamps, bat is also much used externally
for relieving bruises, burns, and rheumatic pains.
It is generally seen in pairs. Accordingly the mate ule
this animal was observed in St..Keverne Bay, next
day, by the Walsingharn packet.

anursc,
Saturday last, at Peri:bourne, Kent; the Lady bf the .
William Payler, of a daughter.
On the 4th.iostan•, the Lady of Captaia BIM, Royal Na,..
a still-born
Saturday, at liamptan, Middlesex, the Lady of Sir Owl.
Eantonatalle. Bart. of a son. —The infant died .on after,

MAR RIF.D.
By special lkence, on the e7th of December, at Portarli-r,
Ireland, by the Rev. John Johues, Major Grg, of the 30th
giment, to Miss Vignoles.
Yesterday, at St. James's, Robert TownsenU Farquhar, F 8
second son of Sir Waiter Farquhar, Bart. to Maria, y .ungt
daughter of the late Francis Laetour, F.sq. of Devonshire-1.1..ce
The Bride was given away by the Marquis Wellesl, y,
were present the Honourable Robert Dundas, the Honouralk.
Henry Wellesley, Mr. Prendergast, and other triends.

DIED.
On the 30th ult. at Stapeley, in the County Palatine of Chester,
John Burscoe, Esq.
Thuraday morning last, at his house, Marlborough lluildings,
Bath, General Edward Smith, Colonel 42d Regiment ct I out,
and Governor of Fort Charles, Jamaica. 'lie GC11(21.1 WAS Ilne:C
to the gallant Sir Sydney Smith, and amoirgbt the few surtiviig
officers present when the immortal Wolfe tell.
On Saturday in oriiiiig, at Tichfield, Rear-Admiral Jonatitar
Faulkner.

On Tuesday se'nnight, at the Parsonage, Wetherdall, after az
Illness of three days, the Rev. K ichard Shepherd, D.D. Rector ul
Wetherden and Helmingham, in the county of Suffolk, and
Archdeacon of Bedford.

On the 21th ult. the Rev. Henry Steverson, minister of Dian:
tyre, in the 7tlth year of his age, and 517th of his ministry. •

HIGH WATER AT LONDON EVAIDUE 11ZWVIORROW.
Monking - - £1 minutes after 10
Afternoon' - - 0 minutes after 11

I OR COUUHs; CONSUMP rioNs, atc.
PECTORAL ESSENCE OF cotTsFour.

rr HE herb Coltsfoot, calbtd. Tussilago by the
ancients, was distinguished by them, asks name sufficiently
conveys, for its excellence in the cure of Coughs, and other ptl-
monary co-uplaints; and this Essence has, in the course of a long
practice, been found the most ale and effectual remedy tor
Coughs, Asthmas, and all Disorders of the Lungs. It gently
opens the breast, ancl'irrmi diately gives liberty of breath:
without any danger of taking cold. It admirably allays the tic;•.-
ling which provokes frequent coughing, cleanses the small ezildr,
relaxes the fibres, and thereby tnlarges the cavities of the vessels.
Thus is will prevent Consumptions, if taken before the lungs at:
ulcerated. It cures also all hesky and dry coughs, heals rawness
and soreness of the Breast, and gives relief to those who, ttitorga
age or infirmity, are deprived of rest Cr sleep.
This Essence is prepared by James Ryan, surgeon, is Bristol;
and sold only by F. Newbery and Sons, No. 43, the east cad of
St. Paul's, London, in bottles, :is. titi. each, duty included; and
none are genuine but those Which have the wards " F. Newbes7,
No. ifs, St. Paul's," engraved ou the stamp ; and by their appoint-
ment, by Eacen and Co. and Allen, Oxford-street, Wade, Old
Bond-street; Bailey and Co. Cickspur-street ; Ward, Efoiliora;
Randall, Royal Exchange; Dicey and Cos Bow Church-yard;
Harris, Ludgate-bin ; Clark, and Bowling and Co. Borough.