Star.
London, England, 1823-11-15 00:00:00

LAW INTELLIGENCE;

--.-

COURT OF JUNO% MINCH, NOVEMBER 14.
The Court was occupied the greater part of the day
on the Special Paper. None of the cases argued were
of general interest.
M ANSLAUGHTER.
Mr. J. Wattasta moved for a • Habeas CoTus
bring up the body of a person 'nailed Evan Maudef-
lex, from Lancaster Castle, to which he had been com+
mated, on the Coroner's warrant, for manslaughter, on
a charge of occasioning the death of a fensale infant,
who had been bound apprentice to him as a frieze
cutter. The object of the motion was to admit the
prisoner to bail, until the nett Assizes. The Learned
Counsel produced several affidavits, for the purpose of
shelving that the girl's death had been occasioned by
natural causes, and not from ill-treatment, as had been
suspected. It was imputed to the prisoner, that the
child had been starved to death, but the affidavits
stated distinctly, that the deceased had always been
treated in the most kind and indulgent manner, and had
been allowed four meals a day ; that the death was oc-
casioned by a disorder in the intestines, which no me-
dical skill could cure, and that the child had always
expressed the greatest attachment to the prisoner. in
whose service she remained in his business of a pub-
lican, after he had left off the trade of a frieze-cutter.

to

Under the circumstances stated, the Court granted
the mit, and directed a 'certiorari to issue, fur the pur-
pose of bringing up the depositions taken before the
Coroner.

EARL TV LONSDALS V. WRLSON.
This was an action of trespass tried at the last As-
sizes for Cumberland, and, a verdict was found for the
defendant, subject to the opinion of the Court. • it sp.,
pears that the noble plaintiff was the Lord of the Magor
of some lands near Whitehaven, on the banks ortrie
river --, in which there were some works for the
navigation of the river, which works the Lord of the
Manor was bound to keep in repair. The works, got
out of repair, and the defendant, who is owner of barges
and craft navigating the river, entered the plaintiff's
inclosures, and repaired the works without the plaintiff's
permission.
blr. C. ALbeasowthis day having been heard in sup!
port of the verdict, and Mr. Etax against it,
Their LORDSHIPS were of opinion, that as the defers;
dant did not in his pleolliege that the repairs were ne-
cessary, and that the noble plaintiff, upon application
being made to him to do the necessary repairs, neglected
to do so, the verdict' had at the trial must be set aside,
and a verdict entered for the plaintiff, with nominal
damages.

COURT OF COMMON PLEAS, NOV. 14.
The LORD Otter Arnica was absent from Court WI
morning, on account of indisposition.
Soon after the sitting of the Court two individuals
came up to justify as bail, and were opposed on affida-
vits which charged one of them with having frequently
changed his name and occupation, and with being con-
sidered in his neighbourhood as a common swindler.
The other was stated to have„ been lately discharged
undsa. the Insolvent Act, but no proof of this statement
was offered.

Mr. Serjeant Vatrottats moved that these affidavits
might be filed. in order to enable his clients to indict
the person who made theni.—The Coon?, however, re-
fused the motion, as they were irrelevant and slanderous.
The bail were then examined and justified.
DOE D. NAIL Or THANET AND OTHERS V. OASTLEMAN.
This was an action of ejectment, brought by the trus-
tees of a free grammar school, at Skipton, in Yorkshire,
against the defendant, who had been for 20 years the
master of that school. The Jury gave a verdict for
.the plaintiffs ; but Mr. Justice Bayley, who tried the
cause, reserved to the defendant the right of moVing to
enter a nonsuit, if the Court should be of opinion that
he should have had a previous notice of the charge
brought against him, and an opportunity of answering
it. A Rule having been accordingly obtained, it was
yesterday made absolute as of course, no person ap-
pearing to spew cause against it on this day.
Mr. Serjeant VAUGHAN said, that he bad held instruc-
tions to oppose the Rule, but was prevented from doing
so yesterday by being in another Court when this ease
was called on. He observed, that the authority relied
on for the defendant was the case of the Hing thDoctor
Gaskin,in which a return by a Rector to a mandernsur to
restore a Parish Clerk was held to be insufficient, be-
cause it did not state -that the Clerk had been sum-
mbned to answer to alharge before he was removed.
He did not mean to dery the authority of that case, but
submitted, that as this was an action of ejectment, it
was not subject to the same rule as that which go-
verned a mandamus.

The COURT, however, were of a different opinion, and
decided that the case of the King v. Gaskin must go-
vern the present. In that case the Judges of the Court
of King's Bench were informed of the cause of the
Clerk's dismissal, and seemed to consider it sufficient;
for though they ordered him to be restored on account
of his not having been summoned to abswer the charge,
yet the Chief Justice obierved, that he did not think the
Rector would properly discharge his duty if he did not
again dismiss a Clerk who had so misconducted himt
pelf. In this case, however, the Court had not been le-
gally made acquainted with the cause of the dismissal,
nglr even if it could have been stated, it would not
have been 'sufficient, for in all such cases, 'and/ ilteram
stem was the rule to be observed, and the defendant
should theiefore have been summoned to answer before
the ejectment was brought.—Rule absolute.
•aNNSTT V. THOS. THURTELLIIIICENELL V. THE SAMS.
When their Lordships were about to quit the Court,
Mr. Serjeant PELL said he had a motion to 'submit to
the Court, which it was necessary to make immediately.
His affidavits were not ready at that moment, but were
then preparifig, and would shortly be lard‘before the
Court. The motion was on behalf Of one of the sail of
Thomas Thurtell, who wished to render his principal in
his own discharge. It had been thought necessar
the Court should be moved for a writ of Habeas
cum alum), in order to render the defendant- intq

custody of the Wardell.
MN Justice BORROTIOn said, he thought this
could not take the defendant out of criminal cu,
but would enlarge the time roe. his justification.
motion must thereinto •kte framed in-that manner.
The affidavit having.beea prepared and handed
IMr. Serjeant 'Pell% he read it to thu Court. It was
by a person mimed Green' residing in Arundel.
Strand, who cute', that daring the last vacati
became bail for the defendant, in thenetion comma.
by Bennett for 201. mad upwards, and in that brow
Ilucknill, for above 30t. that the .deaudat.
since been committed tp the cast* 'nf. the XeePtil
Islewgate,cm a charge of conspiracy, #referred
him and some odier &sem by the County fire

that the time of justifyiag bail, or surrendering the
principal, Would expire on Saturday, Noiember 15, and
it therefore prayed the Court to enlarge the time of ren-
dering the defendant to.a further period.
' Mr. Justice PARK read a case of Bennet v. Kinnear, ,
S Moore's Reports, 250, in which the bail of the de-
fendant, who had been committed to Newgate on a
.charge of conspiracy, made the tame application, and
the qourt granted the Rule.—As the circumstances of
the two cases were precisely similar, the Court acceded
to the application,.and ordered the Rule to be di-Awn up
peremptorily for spewing cause on Siturday this day).
and immediate notice of it to be given to the plaintiff.
in both snits. . • :1.

MURDER OP MR. IVEARE.

The avidity with which every trifling cireamstance i•
seized upon that can in the remotest degree relate to the
parties implicated in the murder of Mr. Weare,laccounts
for the contradictory and inconsistent statements—the
repetitions and rumours that have been published on
the subject. This has. occasioned the Magistrates at
Watford to examine several persons iu privats'and ac-
counts for the conflictingUaternenis that hive. wine
forth. It has been said that fears Were entertaific#-of a
rescue, and this is the cause why six individualvare con.
stantly employed and sit up to watch the prisoners, as
jf they were persons that excited commiseration, or
that a conspiracy existed of that extent ;IS to give' siseto
any soch alarm. The Magistrates very pru-dently have
adopted measures of suitalsle vigilance to take•care that
no communication' should:be made to the prisoners, not
anything conveyed to- them likely; to &cleat. the. rods Of
justice. As [OA* minner in which the.prisoners-are
said to demean theinselves, we lielieviit is incorrect.—
Probert suffers Mach, and, wo are told, is extremely ill.
The police officers are in search of persons not supposed
to be implicated in the murder, but who have,been ac-
quainted with the habits and the raj-stilts of the Kisonets,
and who may be enabled. tO cast ,some eigitionat light
on the conspiracy that had Veen formed murder of
Mr. Wedre.
The horrid murder of this unfortunate man is likely
to lead to displesures of considerable iinportance to the
Public. All the parties are well known pt the Common
gambling houses,, and much informafion hat been re-
ceived in the propel gitaitter, respecting these scenes of
vice. The expenses of some of these vile establishments,
in providing entertainments and intoxicating: wines for
their dupes, and for the payment of servants, collectors
of pigeons, &c. =town to the enormous sum of 8,0001..
a year, from which a very tolerable estimate may be
formed of the immense sums of which the thoughtless
freqnenters of the common gambling-houses must be
nightly plundered. Notwithstanding the exposure that
has been recently made, these houses are still open day
and night, and the same scenes of profligacy exist.—
Connected with these are other places, where fellows of
plausible address are 'Constantly Stationed to procure
customers, and to lead the thoughtless, who are worth
fleecing, to their ruin and desttuotion. ,
Weare was a. native of Gsiixhichl in Hertfordshire,
and served his apprenticeship to an irsiniamager in that
city. When his apprenticeship expilid, .he received
about 1,0001. or 1,2001. under his father's will, and came
to London, where he spent the money ; was a waiter in
a coffee-house afterwards, and. subsequently a professed
gambler. Probert formerly resided at Lidbrook, Glou-
cestershire, which place he left seine years ago, and
became a wine-merchant in London, and failed for a
considerable mm.
Sr. ALlBAN.l.—birs. Probert and Miss Noyes are
both of them so much indisposed, as to keep their beds,
and require the attendance of a medical geode/nail ;
they are little disposed to eat, but have every indul-I
gence and htteniion, consistent with the peculiaillitha•
don in which they are placed. They ore..in separate
rooms, and both greatly depressed. Mr. Noyes .is not
ironed ; he has a person constantly with him day and
night. Miss and Mn Noyes are remanded for re-exal
mination; not so withrblrs. Probert, who, howerera re
mains here for the present, as is presumed,,for the.pre
vention of improper communication with others., .

SPORMCIP??4OGENCE. ""'

. ,
ALTON MINT NC:WEIMER MEETING.
21141111112A1r, PM 13.
These Races, the last of the hunt race season, were weU attsawkii
in Cesium Park.
Gold Cup fur bunters, by a subscription from Ladles,. Weigh*
14 stone.

Capt. Tresfield's Porcupine . - I I
Mr. Meredith's Nan - - 6 4
Sir T. Halloo's ch. g. - 4 3
Mr. Louth's Marigold - - 4 4
Mr. Bonierie's Boldface - - 5 dr
Mr. Jennett's Brush - 0 - 5- dr
A fine race, and after the beat two to one on the winner.
The Farmers' Stakes was won by Mr. Wilson's Logic at Ore*
heats. Sis started.
The Hack Stakes were wen by Mr. Rogers's Noy** beat

- --- -- -,-- -
four other& .
DEFOE AND MARTIN.
These heroes of the fist are matched to HAM in Janaary, and 20i.
aide has bees deposited. 'may

PEDESTRIANISM
A Mr. Torras wide:melt yesterday, over a half-natio piece et
ground, on the Lewjelmei read, to walk seven miles within ae hour,
for a bet of 10 sovisaWase He did the first half mile in four mi-
nutes IS seconds; secoul,lakfoof minutes 16 seconds; third, four
minutes 14 seconds; fourth, ate• Animates 17 Mcntads ; fifth, Mai
ndnutes 19 seconds; Girth, four adobes IS emseeds ; sethlah, • (our
minutes, 17 snoods; eighth, Myr minetes IA seconds; nintkiane
minutes 17 seconds; tenth, four ntinstes 16 semods ; eleventh.
minutes IS seconds ; twelfth, foot salmon HI seconds ; this
four minutes 11 seconds ; Anuteend. See minutes /4 *mods:
match was lost by ens Waste. IlawtLe mike were pert In
SI minutiae 17 seconds. After's/eh the pedestrian Met his spend
gradually to the end of the match.
GAME SHOOTING. ,/ • ...fs•
The match between Captain Forrester of 'lledfitoi, and
et 1. R. Cope, Esq. for 100 sovereigns swide.teolt place
9'seeMay i the former to shoot in Orfordddre. sad the latter in
_ cgs each, who should T
aelegilt•basr •gun,

Z • .• •

• • - • ;yotrar maartAt:-
• -.• • Cdiid<lit 'ember 8.
At a General Court Martial held at Kingston Barracks, Jamaica;
no the 19th of May, 1813; and continued h 1 adjoarnownt to the
'2sth of the same month, Captain JAires Pupa, of * Royal Artil-
lery, was arraigned upon the undermentioned Charge, viz.
" For conduct unbeeotning the -character of an Officer and a
Gentleman, in drawing his Sword rind viidently assaulting and
striking Lieutenant Cookson, of thf Royal Artillery, on the 12th
Mai, 1823, such conduct being much aggravated by its having
taken place at the }lead-quarters of the Major-General Command-
ing the Forces, and in presedCe of his (Captain Pogo s) Command-
ing Officer, Brevet Lieutenant-Colonel Holeotnlie, cominslnding

the Artillery, he beiug -t the same time endeavbuting, in pursuance
of his orders from the Major-Oeneral commanding, to effect in
amicable adjustment of a previous misunderstanding between the
prisoner and Lieutenant Cookson."
Upon which charge the Court came to the following decision:
„" The Court having patiently and maturely weighed and consi-
dered the prosecution and evidence offered and recorded against the
prisoner, Captain James Fogo, of the Royal Artillery, :is well as
what he Las acknowledged,alleged, and proved in his defence, is of
opinion that he is Guilty of the chat ge exhibited against him, which
beinr iu breach of the Articles of War, the Court doth sentence him
to be cashiered.
" Having thus awarded the specific punishment which the Atlti-
, tides of War prescribe, the Court cannot but feel a strong, and as
they trust, a pardonable impulse to interest themselves in the pri-
soner's favour.

" Circumstances have appeared to the Court. in addition to those
recorded on the proceedings, .mounting to a conviction that the
prisoner laboured under considerable irritation of mind, and al-
though it is the &sty of the Court. to sentence ale prisoner to the
utmost extent for the act which that britifliou produced, they are
satisfied that it ,w 0 nos peeingdiaated, but the sudden pawing= of
a distracted nispeus.. , . ..... . . . ,
" In thus prtrautitingto express a Wish in extenuation of a crime
so disgraceful atulinjuriourto fibr tt.4eSty's Service, the Court can-
not avoid being • ressed•with a hope, that the circumstance of this
case, together"! e prisooet's km q.and active service* in a Carps
so disthigiiislett 'the Royal Artillery, the favourable testimony of
rt,il
dliposition and firmer charatiti given ' hini on this occasion, and
enflamed by many hitters prodtived to the Court from. General
Officers in his Majesty's Service, addresse,l to the prisoner, his
having a family, and ,the.evisient shame and contrition since ex-
tbened and evinced by theptisoner, rfiay in the whole plead in his
favour, and pray for an alteration finis sentence. With these feel-
ings the Court beg leave most humbly and respectfully to recom-
mend him to like gracious consideration of his gajesty.
" In dosing these proceedings it becomes the painful duty of the
Court to note, that she reluctance with which the prosecutor, Bre-
vet Lieutenant-Culunel Holcombe, answered many parti of his
cross-mantioation, did nut escape Its observation; and the Court
further considers it an hadispinwable duty to mark and animadvert
on the unwillingness and inconsistency of Lieutenant I leathl evi-
dence, considering the station and situation he held in the room
in which the affair took place at' headquarters on the 12th of
May, HMS." '
The •Rista has been pleased to approve and confirm the finding
and {ti tunce of the Court ; but in c atsidefation of the long *evicts
Of Captain Foco, the high testimonials even wilds character, the
aggratating circumstances which led to the offence, and the strong
"reminrisetidation of the Court in his favour, his Masons- his been
graciously pleased to remit the sentence, which appeared, nuweover,
to have been adjudged by the Court under an erroneous impreasian,
that it was bound by law to pass it.
..•••••
'ln extending, however, the KING'S gracious clement', foWirds
the prisoner, his Majesty observed that his displeasure it in-
temperate and outrageous act committed. by Captain Fact, could
not be too strongly expressed. Ilia alaarrre considered this act to
have been so subversive of discipline, and of every principle of good
order and decorum, as to have precluded a leMnt or favourable
view of the ease, if it had not appeared to his MAJCSTY, that the
offence committed by Captaln.yogo was not ass •at premedimtton,
but arising hem a sudden impulse. elicited by the most irritating
and insulting language addressed to him by an inferior Officer.
His Marestr has, therefore, been pleased to command that Cap-
tain FOOO shall be severely reprimanded, and strongly admonished
not to soiree his passions again to surprise him iota the committal
of an offence which is equally at variance with the principles of die-
cipline, with the laws of his country. and with the rules and habits
of society. •
Upon a consideration of the circumstances which have justly
called forth ths..censure of-the Court upon the condudi of Lieut.-
Colonel Hob:gum and Lieut. lisaeu, his MAJCIITY has beta pleased
to command, that those Officers shall be informed of the regret and
marked displeasure With which his Maaurnr has viewed a proceed-
ing so discreditable to their characters.
By command °Chas./loyal Highness the Commander-in-Chlef,
. ..' •HaNity TOIttiEbIS. Adjutant-General.
The S3d (shropahfre) Regiment of Foot, in pursuance of pre-
vious orders, marched 'yesterday from Gosport to Weedon. The
44th craned frofit'Forranouth•the same day to do duty at Gbaport.
The, Beyal.Matifle Artillery, under the command of Colonel Sir
IL•Wituesits, K.C.13. are to be stationed at Portsmouth, and are
shortly expected there.
..itl?out 200 of the Royal Marinea are ordered imnsediatoly to em-
bark an hoard the Aweetora, for Rermuda.—Captain Paler, of
the,llarines, and LientenanterWankumt and Pease, will embark
with them- -
• . ..

" • '. E44t20.0 PIisiPZRTY.
. _• ED. BURTON.
ilopeebelde..—A Dwelling-house situate near the six nalle-winte,
Fincbley.common, lane In ike occupation of Edward Rowe, Req.
i'ontelning six rode* kitchen, dairy, cellarage, coach-boose, sta-
bling, brew-house, cow-house, sundry detasbed bonding., enclosed
carriage yard, front and back gardens, eitelesed.pwitLsek:of two
acres, and on the opposite side of the wad a small paddock, with
vegetable garden, tub pond and 4144, held for an unexpired term
of fifteen years, subject to t*o lives, at 442 pee annusit. NM for
94 guineas. ~
An Rotate, comprising No. a, Cambridge Circus, near 'Hackney,
let to Mr. Prendergast, at £l6 : 24.10,1 et to Mrs. Branton, at Lie ;
and a ground rent of £54. 2s. per annuinArlsing from nine adjoin..
ing houses, making &total annual rental of addl. 2s. bele for on on.
expired term of 60 year, • at a ground rent of £2. 10s. rams and
taxes aid by vender £4. Ls. land-tax redeemed.-495 guineas.
•' M in Old Betbnal-green.roal, consisting of No. t,Temple-
MIMS; 41iree houses in Elopo.tuntet, three howls in Mloamns-stestet,
houses in Bellonnotreet, eight houses in Gooldenitiore, and two
Outs of ground adjoining, let at rents amounting yearly to £2o2;the
Whole held for the unexpired term of 591 years, at a ground rent
it Aitt, insurance and rates paid by vender X3l 10a. exempt Iran
MIL WILLIAM& • . )x...
Frerbolls.—Nos. 10 and it, Cross-street, Globownig,,:
let to Messrs. Turner and Vigers, at Sid es. pW
dpid-tax redeemed.—t 32 Guineas.
jataisig..,— • •
Freehold Gruund-rents.—Prom four houses in Moat
C9ureb-bill, &igloos, on lease to MV. Saivism, sellr.
r,F with reversion of-the premises at expiration, poem 011-
d valuir £7O per annum.-430 Guipeas.
From-Two Hewes on the north Me of Eastdeld-street, on*
Stepney Church, an lease to Mr. Cabe, ,2112. 111 s. for 97* yawn, •
with Reversion at the expiration, estimated annual value sdso.-
909. guineas.
WINSTANLEY AND SONS.
teasehold.—The Angel Public-house and Wine-woks, Lana
ennesinlng bar, partook; tip, and club-rooms, kitcbeos t
lbws, sellarege, skittle-gunned, sod garden, in the outspation of Nkr.
say, but on leas* to Mr. mom, far an unexpired term of la}
etersow seeo per assinm. Held of the pariah of SisialbOtave mod
;ant 72hay.ftir 4sl yore, at a ground-rent of Zit ; Insurance paid,
ea he the evelt-of fire, *Woe es be reinitiated by teeter ; lead-tic
Ideeme4L-41710. ,tics e•
FPetboIdsenNIMIVIIIPIPIII,I69II4I9eI., rioperosolbor
-•v. attaining* I" peediavt mail
451,41.41410
,asirmik oaten espielrg
'A Omen rege; Ist
- imalieder

aRc that ii., k iis lias i I; with : leach of doi;;;e1T,; who iatitild bag most let to the fiee7.ll. CoohTitei; suit Fir as ak;• espitiag
--,',... .. .. 'wad of geese, aril rake the irp voids aologle-besreded ens, endeird at Cbtleamo Mho, mil right'of yr? ob prime rem"; kt to Mir.
`"'"'",-- no two anti a half onoces of shot. The liisepe; , ye- Dttorsin ar-011 as MAIL pad, ; ere retaillisisel egt trebosii..
ntq we rations ha ilornbant Melds, three oda. kart s ' snub* :hi hod" etai laididids —"MO
sad bagged as follows : lounges brace g Is"ietabraoe at Via- r. 4 .
is coast lamb, and seven hares; total $7. 'llse • towards Bath ildititid •
We obiereie mdt a iiew MI J. saeptelel Inls
. 4fpcondso, and acme ;be Oohed read,—.Wariporesi II htifyisit WI, heesprhildsed elltiorireoltilltia *MO, Vie •Aibi or
:aa"s four o'clock, and rased Ave, dam Cligielia Plateetor did sot •gm rut Sore .. isaatiodiabeen mills iiimpars,
/* The' re tato I'Ded *Wal. tbk Aril iffai bouita (1101 ellinweladt tOolpf ditarAldPen OM be 4 isoires,, tom* lAWV4=at
Nettlebid at dalAkt. and petfoodot ceerot• viiristari4, ii, 4,,, eit the ,fie. 'A„. €o4ll.opiazi
4.6_
aided to leavink Henley-uen-Tharimared VW Wt. MI it = a
~,,, o'clock, was eleven briar sit ptitil44•liiiiir if .. .. ~ • . • 4f i% " •
as ‘6"-`— rim bases; total asttiseisgaiN ielgsilldi. lb. mart •: • , • ibiferni-
' -foisW
4'stre tier shoe, sad lost. by set Norm • • -, v./so 4ls• '' . ileille iissitliv 111401 r A* . eth aft '
.. - i
•
!,foil. 14e, Stantford Bultriinnlng. isitlidsVaned airwtinqt rillialitannit ' - ' swift imailasi.
: 8111
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imenew any portirehor accident, Atlanta plimabgalosieute rotint , ',., * - ....• APlPerlibilledivtld PPS • - .
}"fir
brOnght; ',tritest Scotch bull, Raid to haven
`mo linl bitat the • •,. _ -"" . 7 odinnaii . , leigii
ant had: as sport had been able to procure for many Mrs. A blen..
.t
d tae wife et *a mason in Pcotgete, has' suceieckil 'dile, •. • ~;__Zradifiate*Nvii.., sea. - :41t,
eePCI,.:- et tke.sport, and-levied her oorialbolione to dr * .--.-- 4111110111atielliate, ditollot
a__ _P(lug of the dettmet Lady Nan, dressed inegnifsceotly)abjes *Wu. Mwsiabso eroshege iiiki‘ fadifir-Ifig:‘, 4ie. ...
~
. ,
e (Polite ; Gig about her Al the insignia of bet high Ace. ; , ,?1,14 ni
~, rt. 14 treemeas,"