Star.
London, England, 1824-02-09 00:00:00

TOR MIDDLESEX.

Mr. FRENCH moved the Court for a Crimin 41 Infor-
mation 'di,a;nst the Comity Clerk of Middlesex, on an
affidavit %%Nth set forth that the deponent, James Hull,
was summoned to the County Court, in Kingsgatc-
sttect, by James Broad), and that the Court took cogn-
zance of the debt, although above the sum of 40s. and
that the defendant and his witnesses were not allowed to
make any defence, but were stopped the moment they
attempted to address the Court, either by the Clerk of
the County or his deputy. That an execution was issued
on this plaint againtt the defendant, and that he was
charged with fees to the amount of Ss. 10d. whereas
the fees justly due, accorti ,g to the table of fees allowed
by the 2Sd of George 11. was only 6s. 10d.
The LORD CHIEF JUSTICE—Was the execution issued
for more than 595._114.1. of the dent ?

Mr. FRENCH.—No, my Lord ; they reduced the debt
to that sum, and which we contend they were not justi-
fied in doing.
The LORD Cunt JUSTiCt.—We shall not grant an
Information against the Clerk for yielding to that sus.
gestion of the plaintiff's.
Mr. FRENCH.My Lord, we further allege that the
-clerk, or his deputy, refused all hearing of the defence.
Is that justice?
LORD CHIRP Jusricc—No, certainly not; have you
any account of the nature of the intended defence?
Mr. FRENCH.—NO, for my client was stopped the in-
stant he opened his lips.
The LORD CHIEF Justice.--Take a rule to shew cause.
Mr. SCARLET? rose, and stated himself to be retained
for the county clerk, and wished to proceed forthwith in
the vindication of his client.
The COURT stopped him, observing, that in the pre-
sent stage of the proceedings his observations could not
be listened to.

FOULKES V. THE BISHOP OF EXETER.
The plaintiff was possessed of the advowson of a per-
petual curacy, in the diocese of the Bishop of Exeter,
the next presentation to which he sold for a sum of 600 L
to a Gentleman of the name of Travers, during the lite
of the then incumbent Bradshaw, which transaction
reaching the ears of the Bishop, he commenced a suit
against Mr. Foulkes, in the Ecclesiastical Court, when
sentence was given against him. It was against this
sentence that the plaintiff now appealed.---The Cou►t
confirmed the judgment of the lower Court.
DIBDIN V. ELLISTON.

It will be recollected that the plaintiff in this case,
who has commenced an action for a breach of contract,

obtained last week an order, calling on the defendant to
produce the Stage Manager's book, or an affidavit,
averring that that book contained an entry of the con-
tract, for the breach of which the present action was
instituted. Mr. Elliston this day put in an affidavit,
setting forth that the entry was in a private memoran-
dum book of his own.

The LORD CHIEF JUSTICE ordered the rule to be dis-
charged without costs, and gave it as his opinion that
it ought never to have been granted.
CASE OF JOSEPH DALE, FOR THE MURDER

OF MR. WOOD,

RESERVED FOR THE OPINION OF THE TWELVE JUDGES.

Saturday, the following Judges met in the Private Room, Guild-
hall, Westminster, for the purpose of hearing Counsel on behalf of
the above prisoner, now confined in Chester Castle, found guilty,
with two others, of the murder of Mr. Wood, a farmer, near Man-
chester :—.Justices AMISOM GIFIPORD, BAllatT, PARK, Hocaetn►
BURROUOH, and BEST; Barons ALE:Aunts, GRAHAM, Gastow,
and Hut.Loce. _ _ _ _

D. Jones (with whom was Mr. Lawn) rose to make se-
veral objections to the indictment. It Was the most Important
consideration that the charges against prisoners should be laid suf-
ficiently explicit in the indictment for any ordinary understand-
ing to comprehend. Now he contended that in the case herein
mentioned the charge was not laid in the Way it ought to have
been, for it stated that the prisoners killed the deceased whh
stones, but it omitted to state the number of the stones, or
in what manner they were cast or thrown. The nicety in regad
to criminal proceedings is much greater than civil causes, so it is
laid down by Lord Mansfield in East's Reports, 159 ; therefore he
was authorised in stating, that all numbers of the instruments used
in committing the act must be enumerated. This was established
by the early history of indictments, by which the articles of death
must be mentioned, in order that the value must be stated, becau,e
the value is forfeited to the Crown, as a deodand, and in default of
that, the amount is recovered front the town. Lord Hale (2d vol.
185) cited a case of the 44th of Elizabeth, in support of this argu-
ment, and Serjeaut Hawkins had adopted the same argument.
Mr. Baron GRAIIAM..—•" Suppose a person be shot, is it necessary
to state the number of shots in the pistol which were fired at him."
Mr. JONFS ,aid, in that case he should consider that the pistol
was the cause of death. The indictm,-nt says, that the prisoner',
" with certain stones, of no value, which they, in their right hand,
then and there, in and upon the back part of the head of William
Wood, then and there, with malice afretlionht, did cast and
throw," &c. Now, he contended, that the word " with" was a ste-
plusage, and ought not to be in the indictment. A case of a sitniiar
nature was tried before Mr. Justice Chamberlain, at thel'urk Spring
Assizes, for 1806, on a Coroner's Inquest, where it was not dis-
tinctly charged how the death was occasioned, and upon an objec-
tion by Mr. Rayner the implement of death in that case was a poker,
and the words ran, " a certain poker beat," the Learned Judge
ruled, that it appeared from the indictment that the charge was
against the poker and nut the man—( 1 laugh).
Mr. Justice BORROUGH.—The words crud and throw are active
verbs as well as neuter, and may in thii case be used both 'hip.
Mr. Jones proceeded further in defence of his position.
Chief Justice Asaorr.—We will report our opinion on the ob-
jections you have argued, to his Majesty, according to his Ma-
r jesty's request.

01111101111=1••••••••••
The following extract ot a letter from Maranham,
dated the 19th of November, and received on Saturday,
wholly disproves the assertions lately made in the Lisboa
papers of disturbances in that province :—" .lshe advises
from the interior are daily becoming more favourable,
and the shopkeepers begin to send supplies to their
country customers, in consequence of which the de-
mand for goods continues to increatt. The E:lair,
English brig of war, and a small 13raziliau brig, are the
only square-rigged Ircsscls iu port."

fiß A limit.

—now—
is Royal Veteran Battalion has received orders to bold
ig in readiness to =wet to Gahvay, iu the room of the 3d Royal
Vann Battalion ordered these,. Major-General iON ov
al
Ca jailed very Battering district orders, in which be says
that the conduct of the Olkers, Non-commissioned Officers, and
prows, in the execution of their duty, both at Head-quarters and
Detachments, has been exemplary throughout during the period
a above two years, they have been in the Major-General's corn-
-113,A, and which be has not failed to notice at all times in his Re-
f ores to Head-quarters of tbe Army serving in Ireland.
' Thirty of the 57th Regiment, under Lieutenant Bannstuocne,
.se replaced a party of the 224 at Baliynocken, near Mallow.
The Minerva, with the 34 Buffs, under Lieutenant bleccee, and
;70 convicts, from Ireland, has arrived at Botany Bay ; two con-
victs died on the passage.
Lieutenant Sr. Lama 'Miaow, of Carlow, is appointed Aid-
Zr-Camp to Lord Ashman, Governor-General of India.
The depots of the 234 %Meets, 77th Regiment, and 93d High-
lanais, with a draft of 250 of the Royals, for the 2d battalion in
India, remain at Fermoy, until transports arrive to convey them
:roes Cork to England. Captain Sir W/LLIAM Canasta and Lieu-
temot Buts, are to remain at the depot of the .23d.
The Irish depot of the 95th has been removed from Kilkenny
to Cork.

?lETROPOLITAN MENDICITY SOCIETY.

Saturday a Special General Meeting of the Sup-
porters of the above Institution took place at the Free-
masons Tavern, for the purpose of receiving the Report
of a Committee, appointed to take into consideration
certain anonymous correspondence, which had ap-
peared in the Times Newspaper, impugning the prac-
ttces of the Institution, in the application of money en-
trusted to it for particular purposes.
STURGES BOURNE, Esq. in the Chair, who having
stated the object of the Meeting,
IItVING BROCK, Esq. (one of the Committee of Ma-
nagement) read the Report, which occupied nearly three
quarters of an hour. It detailed the objects of the In-
stitution, and amount of the different items of expendi-
ture, in refutation of the article in the Times, which it
represented as essentially incorrect in every particular,
and as a tissue of false and ungrounded statements. A
former Resolution of the Committee of Management,
recommending the appointment of an Assistant Mana-
ger to the Institution, and the election of Mr. Bodkin to
fill that office, was also read. The Report also stated,
that great advantages were derived to the Society from
the unwearied exertions of Mr. Bodkin, who had, during
the whole period he filled the appointment, been absent
but four days, occasioned by severe indisposition. At,
the conclusion,
Lord SUFFIELD said, he was ill calculated to do jus-
tice to the object for which they had there assembled,
labouring as he then was under severe indisposition ; but
he had attended to do justice to himself, as having been
an original framer of the appointment of an Assistant-
Manager, and to give vent to feelings of satisfac-
tion at the good effects which had come to his know-
ledge of the excellent Institution which had been so
wantonly attacked. It had seldom fallen to his lot
to rise to address a public assembly arrayed against
that power which, thank GoD, no man, however great
.or exalted, can despise—the public Press ; and, though
liven Majesty itself were open to its influence, he would
stand there undaunted, and unfearing the gi fratness
.of its power, whilst he was armed with the shield of
•consoentious and honourable motives. Such, and no
other; had brought him forward to-day, to testify the
great benefit the Institution had derived, from the ser-
vices of the Gentleman whose appointment has been
therrincipal point of attack, which was promulgated
twthe world in the Times newspaper. The writer, for
auglt he knew, may be in this room, and if he were
avewedly so, he would tell him to his face, that
amongst this respectable assembly there were many
who were as great enemies to peculation as himself,
and us true friends to the poor—(Chetrs)—many, who
vete as great enemies to injustice of every sort, and,
aye, he would say, as great friends to the sound princi-
ples which actuate the respectable portion of the Press
as he was; and who would be ready to come forward,
regardless of any consequence, to probe to the bottom
any abuse that existed in the practices of a Public In-
stitution. He would only occupy their time to state to
than that, during the time Mr. Bodkin filled the ap-
pointment, more impositions were detected, and more
Sel charity effected, than had been done at any ante-
ice& nt period since the formation of the Society ; and
.as, in his own mind, he was fit mly convinced of the
justice of that Gentleman's remuneration, and of the
.excellency of the Institution, which had been so malig-
nantly attacked, he would conclude by moving the fol-
low it ig Resolution :
Ret.cared—Tbax the Report which has been read, be received,
and trot the opinion of this Meeting is, that the charges against the
Institution which have appeared in the Times newspaper, have been
-completely and triumphantly refuted—(Cheers).
WILMOT-HORTON, Esq. M.P. seconded the Resolu-
tion of his Noble Friend. After the eloquence that had
been exhibited to them, he should do no more than ex-
press his hearty concurrence in the sentiments expressed
in bohalf of the Society. He could not conceive that
that Meeting had been convened as a matter of neces-
sity, because he was of opinion that an anonymous co-
lumn was not entitled to such a notice; but as a mea-
sure of policy, he heartily agreed to it, as the opportu-
nity it afforded them of telling to the world the objects
of The Institution, he was convinced would add largely
to lie number of their friends and supporters. He had
nett he same fears as his Noble Friend relative to being
rrA yed against the power of the Press when address-
ing that Assembly. He would not be contented to
take the sentiments which had found their way into
aca umn of The Times for the sentiments of the Press
generally, or that its unbounded influence would
be lent to the spread of calumny and injustice.—
With regard to the machinery of the Institution—its
aging, which has been condemned as unnecessarily
elpeative, he would say that it was, on the contrary, the
most characteristic feature of the excellence of the So-
ciety, and ttlat through it, much of the good that the
Society had achieved had been obtained. He would
not trouble then" at greater length, except to say that
the services of Mr. Bodkin had been found great and
unwearied, and more, in his opinion, than commensurate
with the remuneration be had received.—(The Hon.
Gentleman concluded amidst loud Cheers.)
The Resolution was then read from the Chair, and
carried unanimously. A vote of thanks to the Board of
Management was also put and carried, at the conclu-
sion of which, Mr. Williams, M.P. proposed the than! s
of the Meeting to the Chairman, for his able and im-
partial conduct in the chair. Mr. Bourne briefly-re-
turned thanks, and the Meeting separated.
In addition to Lord Suffield, we noticed Lord Al-
tairpe, Lord Lilford, Sir T. Acland, Bart. and several
otktr distinguished characters.
'file following statement of Receipts and Expenditure,
thi;h gave rise to the controversy, may not be imitate-
l'itiag to our Readers: