Star.
London, England, 1823-12-05 00:00:00

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forlbe.k a Jury then had their names called over ;
stnethe.follawing twenty-three Gentlemen having an-
swered to their names; they were declared to constitute
she Grand Jury, and were sworn accordingly :
The Hon. W. Lainb, of Hatfield, Foreman.
Right lloq. Sir Gore Ouseley, of Hartingfordbury, Bart.
Sir J. Sanders Sebright, of Flamatead, Bart.
Sir Culling Smith, of Essenden, Ban.
Sir George Duckett, of Cheshunt.
The Hon. Baron Dimulale, of Essenden.
Henry Cowper, of TeiVing,' Esq.
. William Baker, of Bayford, Esq:
Thomas Ryder, of Ware, Esq.
Nicholson Calvert, of fivnadon, Esq.
Thomas Byroo, of Myron', Eq.
Samuel Smith, of Watton, Esq.
Thomas Daniell, of Little Berkhempstead, Esq.
Daniel Giles, of Standon, E4q.
Adolphus Mettkerke, of Joliam, Esq. •
Patrick Haddam, of Shenley, Esq. -
Thomas Nash fiembl.., of North Mimms, Esq.
J.,seph Bosanquet, of Braekhourne' Esq.
William Robert Fhillimore, of Aldenham, Esq.
Edward Rumbold, of Watton, Esq.
• •
William Wiltshire, of Hitchin, Esq.
Jahn Currie, of Essenden, Esq.
William Heygate, of North Minims, Esq.
Twenty-three Gentlemen having answered, the other
Gentlemen.who had been summoned were excused from
further attendance.
The Grand Jury having been sworn, the prod ima-
lion against vice, &c. according to the customary form,
was read. Silence was then commanded, when rheJudge
delivered the tolloviing Charge/ to the Grand Jury :
THE JUDGE'S CHARGE.
Mr. Justice PARK—Gentlemen of the Jury, you art
here assembled at this unusual season of the year, in
consequence of the Special Commission of his Majesty,
' of Oyer and Ter miner and General Jail Delivery, for

the trial of such offences as have been committed in this
and the neighbouring counties -since the Summer
. sizes. The service in which you are employed is one in
which you are called upon to perform one of the most
important functions of civil society ; namely, in the ad.
ministration of public justice. From the general ap-
pear:nice of all the Gentlemen I see arnund me, I am

satisfied that his Majesty's -wisdom in issuing these
Commissions will never be frustrated—for frustrated
it would be if they were not attended by persons of the
first rank, respect, and dignity ; because their absence
would have a tendency to lessen these proceedings in
the eyes of the common people of England. Nothing
can be more inipoitant than to sustain the pure admi-
nistration of justice, with the sanction and the counte
nance of all honourable and right-minded men. The
calendar, I am sorry to say, contains a number of of.
fences, many of them of a very criminal nature; but
what the result may be, I neither can judge, nor is it
for me to ju.-±ge. Notwithstanding, however, the vii=
riery and the number of offences and offenders, it neither
appears necessary to me nor my Learned Brother (who
kindly favours me with his presence and assistance on
this occasion), to address you at any length on most of
these crimes; and I am sorry to say they are of such a
nature, as must weekly, and I might say daily, occupy
your attention as Magistrates. The principles of law
applicable to them I consider to be as well known to
you as they are to my Learned Brother and myself. If
in the course of your investigation you should find as-
sistance necessary from us, it will be fully and most
cheerfully afforded. There is one case contained in the
Calendar on which it will be necessary for me to say
something, because 1 understand it has made a great
noise in the world. .1 do not say this idly; for I can
say with truth, that with the exception of the perusal
of the depositions judicially coming before me when I
was informed I was to attend this Circuit, I have cer-
tainly abstained from reading one word on the sub-
ject in any of the public pints ; and so far a more
impartial man, as to his opinions on the subject could
not be sent, and never entered a Court of Justice.—
Before we come to this, however, I have to make a
few preliminary observations. The language of rebuke
is never pleasant to me—it is hostile to my feeling and
disposition—but when employed in the office of admi-
nistering public justice, I regard nothing but the full
and fair discharge of my public duty. I have been
isfrained that these depositions were most copiously
dispersed throtighout the country by the public press.
The first fault, no doubt unintentionally, originated
with the Magistrates. This I do not say by way of-
censure; but still the first fault I say oi-igmatedlis the
Magistrates' allowing any person into their • private
apartment to take notes. I hold, and the other Judges
hold with me, and so does every one who knows the
subject, that there is a vast difference between the in-
quisitorial and jtilicial power of a Magistrate. In the
latter, everything ought to be open, and lot myself I
always wish the case to be so, though I may err like
other human beings, uho'must do so because they are
human. When a Magistrate was making inquisition,
especially in a case of blood, it was of the first import-
' ance that the depositions should not be generally
knoWn. A contrary d.uctsine 'could not be listened to
for a moment, for the Statute Law was positive. 14-
. yards of 209 years ago.the Statute of Philip and Mary
declared that all :deb depositions ihould be taken in
n riting—and why ? In order to transmit them to the
Judges of Oyer and Termirier:' And Whit his been
the practice? I can appeal to all experience that the
:teemed or his adviters shonld hot see them, and very
properly. The prosecutor and the officer of the Court
may see them, and it is necessary they should, but no
c her persons. Let us see what is the consequence of
their publicity. Why it is this—that the accused knoWs
every•word which is to be atiduzed against him in evi-
dence, and may by this means defeat every of of the
law. Gentlemen of the Jury, even at this moment, n hen
I am now addressing ypo, you will see the force of the
observations I have just addressed to you upon this sub-'
' ject. You, Gentlemen, are sworn to keep the King's
• counsel, your own secrets, and that of your fellows.—
But to n hat purpose is that oath, if that to which you
• arc sworn is already before the Public? I say this, Gen-
Omen, in order to preserve the purity of public justice.
Highly as I hold the Freedom of the Press,- I consider
Trial by Jury--as a palladium still. higher; and it can
only retrain that palladiuM as long as it is preserved
pure and incorrupt. I cast no inflections upon any
tieutleesan; but it must be obvious that there are many
. cases is which it would be highly dangerous to an ac-
cuser to be known as such—it might be also dangerous
to the accusedt. araltho-aeseesit; for my addressing
you :bow, convinces me that such a pollticission most
materially impedes the march of pub*, butice. It
compels the Judges to address Gentlemen like yon • .
all their energy —if they possess energnin order to pre-
v cot any imprnper bias from operating ou your mindsab— '
Oil the whole, perhaps, it navy he more favourable to the
actassed, I now speak of she publicatimsof evidence before
ial beocisietier awned which the taw Dever. '

-,
..

on which his accusers rely to sustain their prosecution.
Whether, however, it be beneficial to one or another, or
flisacivantageolis toroth,. it cannot be free from blame
that such things should exist. And here I May state St,
as the opinion of the highest authority, as the opinion
of the Court of tCing' Bench, mull may add, of al-,
most every Judge in Westminster Hall—as the opinion
of the ablest lawyers for these last hundred years—that
the publishing evidence a priori, upon which a criminal
procedure is to be subsequently founded, and to print
that evidence with notes and commentaries, is a high
niisdemeanour, for which the. party.is liable to be pu-
nished by fine and imprisonment. This is the law of
the land, though those persons who are not deeply read
say otherwise, and find fault with me and others in my
situation, because, holding such an opinion, we do our
duty by stating it. With respect to the publiCation of
one part of the evidence, I must say it was at least ill-
advised. I really, however, fear there is a something in
the public mind which rather leads to it. There is a love
for everything that is rare—a prutieney for novelty—an
appetite like that of the Athenians of ()Limbo were always
desirous of something new, and to be satisfied must be
continually fed. Notwithstanding this, I still think that a
little consideration should have taught the persons 1
allude to a different lesson. Of all things in the world,
to publish a confession must be the most ill-advised, as

it could not be known whether it would or would not be
adduced in evidence, until I, or some one in my shoal
tion, officially gave an opinion upon the subject. Upon
this, however, I shall now say no more. From what has
passed, and from what may pass, I hope a little tender
consideration will be produced in those persons who
might have meant well, but who in this instance have
I think gone too far; for that much mischief has accrued
from it, no man can now rationally entertain a doubt of.
—Now a word or two as to the crime itself, as charged
in the Calendar. I find it charges John Thurtell, Joseph
Hunt, and William Probert with the crime of murder—
s serious and an awful crime, under s% hatever circumpl
stances it may have been committed.• In this case I do
not know what the intention may be; whether topless*.
cute the three as principals, or one as in the first or second
degree, or one or two as accessaries before or after the
fact. In the three first, the legal result to the individuals
is exactly the same, however the form of the indictment
might induce a different qpinion in uninformed persons.
I need not tell you, Gentlemen, that the principal in,
murder is the man who commits the act by which muri,'
der follows; and the principal in the second degree,'
by aiding or abetting, is equally guilty, though he may,
,not be actually present. If any one about to commit
a crime obtains the assistance cr uses the privily of ano-
ther, the person so lending himself is a principal in the
second degree; for he as it were keeps watch and ward
in order to afford the guiky principal the means of
effecting his object. An accessary before the fact also
may not be on the spot, but Who, before its commission,
assist in its furtherance, by aiding. comoselling, or ad-
vising, he by the fact becomes Ito. 4n accessary after
the fact is he who with a, guilty knowledge receives,
harbours, or entertains a principal felon or felons, Whe-.
ther any distinction, and what, may be made in the case
of these parties I cannot tell yon, Gentlemen, but you,
will no doubt attend to it. According to what- I have
read in the depositions, the crime charged appears to
be marked with great atrocity. Like most-eases of rout-
der the proof consists of circumstances. Who could tom.'
mit such a crime in the face-of day, or who even so coq-..
mittiag it, but fancies that he doesit is Secretand is enve.
loped in darkness, forgetting that that Eye from... Which
nothing is hid is watching 'his foul deed!. To a mind
accustomed to reasoning, circumstantial evidence must
be more satisfactory than the positive evidence of one
or two witnesses; because, if the same essential facts
are got at (the differing as to trifling circumstances)
from thirty or forty persons all chiming in together, and
each forming a link to connect the whole—it must be
much more convincing than the positive testimony of a
few people, upon whom the Jury must rely. One ch.
cumstance, Gentlemen, I have discovered upon reading
the depositions, to which I must request your particular
attention. I find that a person is either removed, or to
be removed here as a witness—this person is a female,'
Mrs. Probert--and as the wife of the person accused, I
have no difficulty in stating that if the three persons,
Thurtell, Hunt, and Probert, are jointly indicted for the
same crime, her evidence cannot be admitted if, she be'
his wife. Ofthat I say nothing, because I know nothing,
and 1 wish to say nothing improperly. If the in-
dictment be of the description I have stated, she
cannot be called to convict her husband, *nor be
heard in exoneration ofhim—the law not permitting
a wife to be an evidence upon a criminal procedure.
I have now, Gentlemen, little more to say. 'I am afraid
you will think I have already detained you, tod long;
but I have done so from an anxious desire to leave no-
thing undone to satisfy you. In investigating this sub-
ject, you are aware that you are not to try the case—
you are not to inquire into the truth or falsehood of the
charge; you are not to inter into all the pros and cons,
but you arc to see if there be probable cause to put the
accused on their trial-. You are not the trying Jury,
and if you were to take that province upon yourselves,
you would be taking that right from Others, who might
in the case of any difficulty, hare the benefit of my ad-
vice, if any benefit they could derive front it. You
will now, Gentlemen, have the goodness to proceed to
the business of the County. As I said before; air ob-
ject and that of my Learned Brother has been todis-
patch the general business, and in furtherance of that
motive I shall not now detain you longer.
The Grand Jury then-bowed and retired.
PROBERT ADMITTED KING'S EVIDENCE.
The charge of the Judge (with reference to Mrs. Pro.
berg, as well as some other circumstances which bad
occurred in the course of the day, altered the intention
of the prosecutors, and new indictments were imme-
diately prepared for the Crown. - -
It *as said late in the day, that the change in the
proceedings of the prosecutors bad been determined
upon before the Court met this morning ; that instruc-1
tions had been brought to Hertford at two o'clock thfsl
morning, after a consultation at midnight on Wednes-1
day with Mr. Gurney and Mr. Selland in town.
At ten minutes before three o'clock, Mr. Baonatca,
one of the Counsel for the prosecution of Thurtell and
others, entered the Court, and addressed the Learned'
Judge, as follows : 44 My Lord, I am instructed to move
pair Lordship for an order to carry William Probert.
ore of the persons charged with the murder of Mr.
.Weate in the month of October last, now in the custody
of.the jailer of this county, before the Grand Jury, is
orsletthat he may give evidence touching the circum-
stances stf that offence. My Lord, Ido not make this
.apislicsuiries• esp: essii on my own responsibility, but
aft fortianthy the opiainn of a persOn much

' ject—l allude to the individual vs whom the amuse-
ment of the prosecution has been confided." ..
Mr. Justice PARCI::-.4 I do tot mean to say anything
that can be interprdted as Battery towards you, Me.
.lirodrick; but I am sure, that if you did noethink the
application essential bathe purposes of justiee, yeaviduld
'ins! have matte it. The thing,. however, is so much a
matter of course, that I can have no objection to grant
the order."
Mr. BRODRICK repeated, that the application was
not made solely on his 010.-responsibility... It was
thought essential to the ends of justice that Probert
should be admitted a witness fortheCro,wn,andyn-that
ground only the motion had been deterthiried on. There
were many circumstances which it was not then necessary
to state, which .rendered.this course necessary.
Mr.Jnstice PAIIK said, he knew nothing whatever of
the circumstances of the case; but certainly, upon the
-ap-plicatiotrmade, the order in question should beg ranted,
anti Prohert should be t•tken befote the Grand Jury.
The Clerk of the A ssize•then proceeded, in obedience
to his Lot dship's desire, to prepare an order for Probert
to be carried before the Grand Jury. .
Mr. Wilson, the Governor, with a face of gladness
(for he had some partiality for Prober* proceeded to.l
grobert, and told him that he was about to conduct him

co the Courthouse. Piohert—" For GOD'S sake, Mr.
Wilson, what am Ito he brought for?" Mr. Wilson—
" I can only say that it is not for any harm. In short
lAm delighted to inform you that you ate to be re-
ceived as King's evidence, and I am now to Wing you
before the Grand Jury for the purpose of being. ea-,
strained." Probett was so overpowered with his feeitor
that he was scarcely able to stand., He was coudeett
in a chaise to the Court-house, and appeared in• the,
most dejected condition. He had scarcely arrived when
he was summoned before the Jury. Mrs. Probers was
brought down to the Court-house about.the same time.
Mr. Nicholson communicated to her the intelligence
that her husband was admitted as a witness, but the dis-
played no marked degree of pleasure at the intimation.
At six o'clock, Mr. Justice PARK having gone through
the cases before him, adjourned the Court to his lodg.
ings, to which place (it was intimated) the Grand Jury
were to be conducted on their forming their decision.—
The other Court was shortly afterwards adjourned by
Mr. Justice HOLRoYM—MT. Justice PARK stated, that
he should come into Court in the morning precisely at
leight o'clock. •
INDICTMENT AGAINST THE PRISONEES.
At three o'clock it was publicly known that the In-
dictment against the prisoners had been completed.
Afteriong and assiduous consideration it was deter-
mined to indict Jolla Martell as Me Principal in. the
commission of the murder, and Joseph Hem as an Ae
eessary before the fad, and•to admit Probers as
•it Evideatce for Me Crown. The Bill was then taken
'into the Court, in which Mr. Justice Houtoyo was pre-
siding, and all the witnesses were sworn to give evidence
before the Grand Jury. Probers and his wife did not
meet on this occasion. •
• The following is a copy of the Indictments e , ~ •
;41 Heatroainnten to •Wer.—The Jurors of oar Lord the • .
upon their oath present, that Jobe Thurtell, law of the parhlil
`Aldenham, in the county of Hertford, labourer, not having theatre
of Goo before his eyes, but being moved and seduced hy the insti-
gationtif the Devil, on the 24th day of October, in the Year of our ,
Lean 1823, with force and arms, at the parish of Altlintham afore-
said, in the county of Hertford aforesaid, in and upon William
Wm*, in the peace of Goa and our said Lord the King, then and 1
time being, fehroiously, wilfully; and of kb wage *forret bought,. did
make an assault, and that the said John.Thurtell, with a gertain pistol 1
of the value of los. which be the said John Tkurtelrin his right hand
than and there held, the said William Weare, in or upon the left
side of the head of tint the said William Weare then and these felo-
niously, wilfully, and of his malice aforethought, did strike, force,'
and penetrate : and that the said John Thurtell, by such striking,
thrusting, forcing, and penetrating the pistol aforesaid, in, upon,
and lino the left side of the head of him, the said William Weare
as aforesaid, then and there feloniously, and of his malice .afore-
thought; did give unto him, the said William Wear., in and upon
the left side of the head of him the said William Weare, one mortal
fracture, of the depth of two inches, and of thewidth of one inch,
.Of which said mortal fracture the said William Weare did. then and
there die. And so the Jurors, on their oaths, aforesaid. do say,
that the said John Thurtell,:him, the said William Weare, In marrow
and form aforesaid, feloniously, wilfully, and of his malice afore-
thought, did kill and murder, against the peace of our said' Lord the
King, his Crown and dignity, and the Jurors aforesaid, upon their
oath aforesaid, do further present that Joseph Hunt, late of the
Parish of Aldenham-, in the County of Hertford,aforesaid, net hav-1
lug the !ear of Goa before his eyes, but being moved and seduced
by the instigation of the Devil, before the felony and murder was
committed by the said John Thorson, in manner and form afore-
said, that is to say, ea the same day and in die year_ albsesaid, with
force and arms, at the Parish of St. George: Hanover-equare in
the County of friertfotd, Barmaid, him, the said Jobe There'll, to
do and commit she felony and murder aforesaid, In manner and
form aforesaid, atatickanty, ildeniously, voluntarily, and of his ma-
lice aformlniaght, did ado op and move, abet, procure, command,
bite, counsel, and direct; mutest the peace of onr. said Lord the
King, his Crown and dignity- . .
" SICOND Coost.--.And the Jurors aforesaid, upon their oaths
aforesaid, do fitrtime present that the said John Thurtell, here-
tofore thatis to say, on the same day and in the year aforesaid,
with force and arms, In the perish of Ahlenhasar is the county
of Hertford aforesaid; in and upon William Wean, in the peace
of Goo and our said Lord the King, and there bein, feloniously,
wilfully, and of his malice aforethought, did Make an assault;
and that the said John ThurteU, with a certain pistol of the
e of ten shillings, which be the said John Thurtell held
• f tits
right hand, then and alert, to wit, at the pariah of Al.
ham, in the county of Hertford • aforesaid, had and held
• mid William Weare in, upon and into the left side of the
bake him the said William Weaie, then and there to wit, at
112 of Aldenhant, in the county of Hertford 'aforesaid,
• sly, wilfully, and of his Mabee aforethought, did strike,
• forte, andlenetrate • and that 'the said John Thurtell, by
durnald last-mentioned striking, thrusting, flitting, and penetrating
the pistol last aformid, l_ ,11 upon, and into the left side of the head
of him the said William Weare, as list aforesaid, then and "there, to
wit, in the parish of Aldenbam, in the county of Hertford' Aire.
said, feloniously, wilfully, and of his malice aforethought; did give
unto him the said William Weare, in and upon the left side of the
head of the said William Wean, one mortal &await Of the depth of
two inches, and of the width of one inch ; and'Otat the isid John
Thum% with a certain knife or the value Of sixpence, Which the'
said John Thurtell then and there, QS wit, at the parish Of Alden-
ham, in the county of Hertford aforesaid, in his tight hand lied and
held, the said William Weire In and upon the left side of the neck
of him the said William Weare, then and there, th‘seit, at the parish 1
of Aldenham, in the county of Hertford aforesaid, feloniously, wil-
fully, and of his malice aforethought, did strike, woiiiid, cut, mid'
penetrate, and that the sald John Thurtell, by stith strildni, woria:
him cutting, and penetrating, the said Villiant.Wedre, in, and
the.left side of the neck of him the said Win.'Weire; Olen and there;
to wit, at the said parish of Aldenbam, In the eottelf of Heilf
aforesaid, feloniously, wilfully, and of his malice aforethought,. de
' give Unto him the said Win.Wearv, in and upon' the, aid! ott •
neck of him the said' Wm.Weire, One mortal weimcf 'of the depth
Mr shore, of the width erste Web, ind Of the length M two Mats, ,
width said last mentioned Mortal fmciure,ofwilich said esnrtireeeiwt,
..said William Weir; did then and ,tiste, to wit, at did; irtithael
at
Aitienhain, in the eountfitliereirtkituria44 ''Al 14 tiel Auer, aforende„apon their Oath slores4 !di; !ay; 'chit' tae Mat
john ,Thurtell, him the said William llVdie; In Warne' and firsiit
rest aforesaid, feloniously, wilfully; anti' of Ws mace 'aftsietlearritit;
.flee and there, to wit, at the paiish of, Autophon, in the county 61
jlienford, did kill ;ad murder, y, noi peace. or. our ea id ' Lon
1121410112, his Clown and dignity... And; the Jurors aforesaid, upo
their oath aftsmald, do forn"it moan that thoolid Joseph He
before No Illotao*Okl_ felony ,00liintrder was emiunktra by
sill .fol* 0 lb. mama- aunkftienkfogynittoood, tr-
.,....Atel 61111 41.11,14101) 1181 Ancl jet the ep2. -L- t., ....
and cruse_ '"Ii• ••... A.,- --• . - " '

co do and commit the felony and ms
and form last aforesatid,rnaliciossly,
his malice aforethought. did Stir up.
hire, coon& I, and direct against t:
Ring, his Crowii and dignity."
FINDING OF A TaUE BILL

HERTFORD, THURSDAY .14
the information of the favour
case had taken being comm
evinced very little emotion

lloi,t was ioformed of t

FlAnmEn, and was a good din
too, feels somewhat indignant
cf mercy to his client should
favour, and the rather induce
ring's evidence instead of Pri
In addition to the oral test
Grand Jury, a large and well
scene of the murder, and its n,
before them, from when-..e thr
judge of the evidence which v
contains'a representation n a o
the grounds, pond, ont-horisr
as to form a sort of picture m:
While Probert was on his I
Room, he pased Thomas Thu
hands in a cordial manner.

more in.imate with Thorn;ts ti
he had given his evidence, wa
John Thurtell, on heaths:, t
mitted as a witness, express;cl,
was equally surprised when
Hunt was to be tried with h
with Thurtell nearly the wliol
nesse', who were in number
been reduced to sixty-one. 1
afternoon in the apartment
Room, where their names wet
' Mr. Lone. Among them NI
ther to the deceased ; Mrs. Pt
Fuld, nf the Artichoke, .Ehtr
Mr. Nicholls.
.Probert wax fifry-See nista
and was immediately succeed
also a long time under Aamii
affected by some part of her t
necessary to get her a glass of
the last witness called in.—',
were examined.

When thf Jury had finishe
nine o'clock,-they were condui
Court to the Judges' lodglogs,
livered the Bill. having f, and
JOHN THURTELL JO
. Among the vitnesses for, th
and Ituthven, of the Bow-strei
and Nicholls, and others from
dei s by a summary proceedini
such of the London thieves au
think this a proper place- at
ferrying on their depredations
The defence of Hunt will t
sign alone. It is cajculated
the evidence fur the Crown wil
The Court-house has-been a
cnodation provided for the Gen
port the proceedings. Two
.r
erected, syld the liberty of acce
cured tinder the direction of
the,police. Double the num,
been sworn in by the High SI
during the trials, and a considi
constables are, tn be in attends;
EVENIP

.1,614D4

FRIDAY, DECEM
Tilii FIT!
STOCK EXCH A NG
Consols termed this morning at 1
main steady_ op to this hour.
vo Rill G N

Very ilttio is doing tbls morning in
Bonds, whit* opened at 111 to 27.. 7
scarcely a bargain los been' done.
.Current Prioni New Spanish not
Wan GO, Poyaladito.

PRICE OP STOCKS Al
Bank Stock 225-3 per Cent
3% per Cents. 971 -4 per I
Imperial 3 per Cents. 82%—
Exchequer Bills (CLOW) 49
In‘ia for Acct."269l4—Con,

We have devoted a large p
that subject of intense and app
at Hertford, for the murder of
given a faithful and connected
the proceedings, up to the laces
been received. The withdrat
against Probert,
,and admittic
will, it is supposed, prevent the
for the prosecution calling so n
have been necessary to establish
parties, by a more remote cbeit
deuce: but as a n2otian would
Opening this morning, for si new'
the arguments of Counsel ai
affidavits Will occupy a consider
-We. bad written thus ler wbe'tt
' from Hertford:. .• ,•.'
•
tr • yih.)l ,
,-•
Ford, rittat
The interest excited thii mo
At eatly'as TOtir O'clOcAclhe di
besieged by an anxio. Us crowd
teeti that they Were 64eJ24
freMenaans, aid it WZO saute til
bt
from the jai to iht\C67ro:haus
raci4e.i.)iirt);:e ttrkilitios, to
ludikt et:engin into; C 4
At eitlik4i;ck.,Precisely. th
Micill/40411;IF:e.tatID,

on which he intended to found a prelittinary argument
against proceeding in the trial. •
241 r. Jailor read the indictment, charging John Thur.
ten with the wilful murder of William Vl'eare, and Jo.
opts Mont with being an accessary before the fact. (See
a copy of Indictment in a preceding part.)
On being severally asked to plead to the indictment,
they both distinctly pleaded " Not Guilty." The decla-
ration of Hunt was more firm and confident than that
et Thurtell..
ldr.Jessoe then read another indictment, Gn the Co-
roner's Inquest, against John Thuriell.Williara Probett.
and Joseph Hunt, to which they ...everally picaded Not
At the request of Counsel, the pri.,i)ners were pro-
vided with pen, ink, and paper; and Thurtell made
reparations for taking notes with as much calmness as
Übe had been a Reporter on the trial, instead clef the
individual who was most deeply involved in the mo.
mentous proceeding. Neither Prot), rt nor Hunt shewcd
any disposition to take notes. Probert is by no means
the gentlemanly-looking man he has been represented;
his features are very vulgar.
Mr. JAY, Mr. FENtoN, and the other Gentlemen who
had signed the affidavit, swore to it in Court, and Mr.
Asensws gave it in to be read. •
The following is the commencement of the affidavit,
and the principal points on which it dwells:
"Jobe Allen Adamthwaite, of Delman, in the county of Mid.
apes, Gentleman. and George Jay, of the city of Norwich, Gen-
tleman. and Francis Tarrant Fenton, of Austinfriars, in the city of
Leedom Gentleman, and John Ilelme, of Austinfriars, clerk to the
said Francis Tarrant Fenton, severally make oath and say, and
fan this deponent Francis Tarrant Fenton, for himself saitb, that
he, this deponent, on Thursday, the 13th day of November lam,
mited on Mr. Nicholson. the Under-sheriff, who returns the Jury
Sr the county of Hertford, for the purpose of giving an undertak-
leg to the said Under sheriff to pat in bail for a Gentleman who
bad been arrested on net attachment of privilege at the suit of An-
dra. Vansandom for fin ; this deponent nib, that he at the same
tins offered the undertaking of the said George Jay, of Norwich,
who is a most res 'getable attorney and solicitor, and possessed of
pad propetty, and who bath been instructed by the friends of the
hid John Thorsen, with his concurrence, to defend the prosecution
pending against him for murder; or, if necessary, that be, this do.
pones, and the said George Jay, would execute a bail-band for the
aforesaid Gentleman ; but the said Mr. Nicholson told this deponent
that he knew very lick of this deponent, and nothing of the said
Gee. Jay, except that be was concerned for John Theca.% the mur-
derer, and that he considered that circumstance of itself suthelent
ground to decline to accapt his responsibility, or words to that effect.
AM this deponent further nib, that he, this deponent, remonstra.
ad with the said Mr. Nicholson.= the impropriety of a professional
ma speaking in such terms of mocha professional man for siting
h a defence which, after he had been tailed upon to undertake, he,
this deponent, considered him bound to undertake; and that he,
ale said George Jay, was employed by the friends of the said John
tauten, and not by Thurtell himself; bat the said Mr. Nicholson
aid that he thought even TburteWs own father cnilbt not to inter.
be in such s case, but least, John Thema to his fate, or wort
titbit effect. And this deponent saltb, that he further reason.
;mei with the said Nicholson on the impropriety Maprefendonal
-tact calling a prisoner a murderer, until he bad been preyed so &c-
-arding o the laws of his country, and before a peeper tribunal;
ima which the said Mr. Nicholson said that he was so tabbed of
is guilt of Jan Thurtell and his companions. that he should not
captain if they were banged without trial, or words to that effect*
AM this deponent 'alb that be bath late./ been much at Hertford,
sad has had a deal of conversation with individuals residing there,
sod of the rank or elan of people out of which Common Juries are
prerally elected, who all repressed themselves so gadded of the
guilt of John Thurtell and his companions. that this deponent is
urinate it will be cutely impossible for the said prisoners to have
*kr and impartial trial in the county of Hertford aforesaid, at
dine A;SiZtl.
The affidavit then proceeds to state the difficulties of
the defence, or: account of Mr. Fenton being in the first
instance refused permission to see the prisoner—the in-
troduction of new witnesses to the prisoner, from which,
and other interruptions, the mind of the said prisoner
beenme so disturbed And discomposed, as materially to
impede the deponent in preparing his defence.
The affidavit dwells at considerable length, on the
injury done tc the prisoner, by the ex. parte statements
in the r.ewspapers, by the publication of Hunt's con-
fetsion, and the proceedings and depositions of wir-
nesses on the Corcr.er's Inquest, as well as pretended
anecdotes of Thurtell's fotmer life.
The performance of the Melo-drama at the Surrey
Theatre, entitled Ihe Gamblerr, representing the prin-
Opal scenes of •Lile murder as detailed in the newspapers,
is nest noticed, and *Mr. Fenton the deponent declares,
dist the said entertainment, or performance, is evi-
dently calculated to prejudice the public' mind in the
regard to the trial about to take place of the said John
Theta), for murder."
The affidavit next complains of an account of the
murder which had been published, on which a Role
*iii for a criminal information had been granted, and
that mother wort of a similar description had been
*hiked Farad that in each of the said works are con-
wised humerus not upon oath, the plain deduction
from which is, that the said John Thurtell, who so stands
40nimitted, as aforesaid, was guilty of the murder, of
which he so stands charged ; end also that he bad in.
*wiled to murder one Mr. Woods and one Mr. emu-
'tont, in the said annexed books mentioned, and bath
ken in other respects a person of infamops character;
and to the best of this deponent's judgment the said pub.
litations respectively are calculated to create a very
4rtiwig prejudice in the public mind, and to prevent the
Ilia John Thurtell from having a fair trial for the offence
ft* which he so stands committed, as aforesaid.
Mr, Justice PARK suggested to Mr. Andrews whether
it was necessary to read the affidavit as to the injurious
impression the e-Tarie statements of the Newspapers
were calculated to make? He had already stated bow
e disapproved of them, and there was one person at
kast, in Court (himself) who had never read theaaticles
alluded to. . -
Mr. ANDREWS said he felt it his duty to read them.
Ir. Justice Paax.—That is quite enough. The cell-
ist's...en must fall where they ought to 141.
r. ..!ssiecis rceeeleakso read the affidevi:.

• Another. alfidavit stated, that on the Monday after
khe aiuidiT-§OB6 carriages passed to Gill's.hill Cottage,
and the deponent states his bel-ief that. it had a very
prejudicial effect on the public mind,
.and inflamed it
against the accused : and expressed a firm belief that
John Thurtell could not have a fair and impartial trial
in the County of Hertford.
Mr.ANuttew3 requested the Surrey-theatre Play !ill Co
be read, which was done by Mr. JESSOP, commencing
with the long introduction, with the wise sentences about
the good effect of such representations : the title of
Ldgerley's Pamphlet, and several anecdotes from it
reszecting the St. Sebastian's anecdote, the air gun, the
Wading-street business, the lurking of Thurtell about
the County Fire Office, to shoot the Director—the sa-
-1 tempts to murder Wood at the housein Manchester-build-
ings, the sharpened bayonet found at Mr. Walker's, &c.
Mr. ANDREWS then rose and addressed the Court,
and expatiated on the affidavits. The purity of the ad-
ministration of justice, he said, is the pride and boast of
EnglanJ, but how could it be purely administered if
the Press stepped in betwern the accused and the Count ?
Under such circumstances, no man could have a
fair trial, for the Press was an engine of such power, that
it swayed public opinion. Day after day had t!:e Preis
been sending forth to the world statements which he
would not have dared to utter in Court. Mr. AN•
DREWH left speaking.
•.. • .
SECOND EXPRESS, ELEVEN O'CLOCK, e.st.
Mr. A NORMS has concluded his speech; a long argu-
ment has arisen on the motion for postponing the vial,
in which Mr. CHITTY takes a leading part.
THIR D -EXPRESS.
THE TRIALS POSTPONED.' -

Hertford, Five Minutes before 12 o'Clock.
After the arguments of Counsel had been continued
at some length, Mr. Justice PARK retired for a few
minutes. On his return the pleadings were resumed.
Mr. ANDREWS was followed by Mr. PLATT and Mr.
CHITTY; and Mr. GURNICY replied to their arguments,
contending against the postponement of the trial.
Mr. Justice ?wax then proceeded to observe on the

Eguments of Counsel, and uid, that under all the
surnstances of the case, he felt it ha duty to adjourn
the Commission to the 6th of January nest. The trial
is therefOre postponed to that day.

By the arrival of the Agnes in the Clyde, papers from
Demerara to the 21st, and letters to the 25th of October,
have been received. The colony was tranquil, but Martial
Law continued in force. George Town was decidedly
military ; and detachments of troops were continually
seat put to penetrate the bqshes and search for the fogi-

insurgents. One general expedition, composed of

190 Indians, exclusive of militia, under Lieutenants Leis
and Htt.Hooss, from Carnoeny. and Boerasirie Creeks,
which moved in four separate directions, discovered a
straggling encampment, but, from the houses being far
asunder, the runaways, on the signal of alarm, escaped,
with the exception of one man, who was wounded and
taken. Thirteen others, said to be old absentees, are
represented to have been brought up from the West
' Coast, and committed to the custody of the Schout. Ten
of the East Coast fugitives, active in the insurrection,
were still missing.

The Courts Martial were still proceeding in trying
the slaves implicated in the late rebellion, eighteen of
whom were convicted. Fires and conflagrations had
frequently taken place, but they were all believed to be
accidental.

The trial of Smith, the Missionary, commenced on
the 18th inst. and it .was expected to continue three
weeks. He is charged wits having. long previous to,
and up to the time of the rebellion on the 18th of
August, promoted discontent in the minds of the Negro
Slaves towards their masters, thereby intending to
excite them to rebellion; that he concerted the re-
bellion with the Negro Quamina, and aided and as-
sisted in it ; that he, knowing of the intended rebellion,
concealed it, &c.

The following further particulars relating to the
Colony, are copied from the Glasgow Courier :
Thu Demerara Gazette of the 17th October contains
an important document, namely, the triennial registra-
tion of the slave population and the Report of the Re.
gistrar upon it to the Governor. It is not complete, but
so far as it goes, it is, we think, very satisfactory, anda
complete refutation of the bitter falsehoods:propagated
against our Colonies by their enemies in this country.
The great length of the document renders it impossible
for us to lay any part of it before our Readers till
Thursday. In the number registered, 56,000 (for only
so far has the Registrar been able to proceed on account
of the rebellion), the decrease during the last three years
is only 1875, in a populatioo half of which are African
Negroes, and these in the proportion of 16,258 males to
9746 females, the sole cause that there is any decr ease
The rest of the slave population are Creoles, and it is
curious and satisfactory to observe, that in these the
number of males and females are equal. The increase
by births is 552% and the decrease by deaths, under ten
years of sae, is only 1278, which is also very satisfeitory.
" The Registrar in his Report decidedly charges the
Missionaries as the cause of the rebellion. When we re-
member that Demerara is governed solely by the Kiwi
land Coeacili and that every public officer in it is ap.
pointed by and dependent upon them, we may be very.
sure that the Registrar stood on sure grounds befeire he
ventured upon such a serious accusation. .Hie words
are--' Far be it for me to accuse the Missionaries.
, wrongfull; : but unhappily there tan remain no doubt
thotvgh it tr..y net appear to what an alarming extent
they may have ittn carried, that efforts to create dis-
affection among the slaves, have originated, .and have
'tong been silently attending themselves in and from
that very part of the East Coast inhere eke Hissiosearies
hew bete froa orcrovesee to every other putt of,
theCollonyi and it his Iteentetained whit twaaidei,ble

proof, that the present insurrection was accelerated, iv
NOT ritODUCED, by infhtoinsatoiy harangues and letters
to the slaves, 'holding out false aid mistaken hopes of
emancipation-10 theps, against the avowed discounte•
nance of every such hppe, by.the highest authority in
the kingdom. It wlnla be satisfactory could 'Eason
IN Enauer, who entourage these men by their very ge•
neinl hostile dispositinq against West India proprietors,
have the opportunity of personally aseertaini.ig the pro-
gressive but silent amelioration and augmentation which,
have been going on in the condition and happiness of
slaves within the last twenty years,'" kc.
•

The' Trench Papers of Tuesdat base been ioeteired
Actounts from Madrid state, tlrat on the 2J ult. the
fist Council took place of the Ministers appointed by
the Rbyal Decree of the 19th.; 1t opened unier the pre-
sidency of the Km himself. It lasted' fro.n midnight
until two o'clock.

The Royal Guard is to undergo the purification pre.
scribed by a special Ordonnance.
The Madrid Papers at length speak onton the sub-
ject of South America, by which it would appear, that
the monk Minister of Spain can play the braggart.
" When the revolutionists of the Seine and ere Thames,"
imys the Spanish writer, " speak of the independent
natibas of Peru, Mexico, Colombia, &c. they hold the
samtlanguage as they were desirous of applying to the
inffercndent nations -elf Naples, Piedmont, and Spain.
When a respectable ftroe approaches to take cognizance
of the places subject to these Sovereignties of the People,
itoihing it to be (-band bat; a mass of factious persons
viho•ir dissipated like smoke; It will be the same in
thellew World. The faithful offspring of the mother
coontty, the devoted !objects of the Bo nt bons, are there,
'min their European dominions, a vast majority—a fact
which •the future will demonstrate."
Tn the future we leave the demonstration. If Spain
can bring South America again under subjection, let
her do it. Europe will at least allOw her fair play in
the attempt.
It is stated in Paris, that the Km} has signed thej
Ordonnance for proroguing the Chambers, but that it
will not be made public till after the fete.

The Duke of YORK arrived in town yesterday morn-
ing from a visit to the Ear! of Viauxau, at his seat in Hertford-
shire, where bis Royal Highnes. had been since Monday with a
shooting party of distinguished personages. The itoyal Duke trans-
acted business with his bisassyr yesterday after his arrival.
Yesterday the LORD CiusweELLoa and the Earl of
Imams had audiences of the livo.
Count Lreves entertained a distinguished party at
dinner yesterday, at Ashbornbem House.
Colonel LIGHT, the companion, of Sir RozonT
kw, is residing at Itassell's Inn, Stooehoose.
A more fierce gale than that which prevailed during
the whole of yesterday Morning, has rarely been experienced, and
we dread to hear of Its emseinweees on the coast. In vations parts
of the metropplis considerable damage has been done to buildings,
but happily vie have not heard of any fatal personal accidents. In
the Green Park the large tree, near the fountain, at the west end of
the Noon, was blown down; and in St. James's Park some of the
trom were stripped of their larger branches.
• Colonel BERKELEY and Lord W. LENNOX left Berke-
ley House yesterday for Goodwood, the scat of the Duke of Rica-
MOND, to attend the nuptials of his Grace's sister, Lady Citsstotts
Loom, and Captain Bakitmxt.
M A RRIAGS IN HIGH Ltat.—Yesterday morning were
married at Chichester, the Hon. Captain Bouratae, (11. N.) to Lady
cpiutzorts Loma, sister to the Duke of Ercnsonin.
Dauer LANZ THEATRIL—Mr. BRAHANI continues
to lie indisposed. The Hypocrite, T.heDerrf Lover, end Tkeeztartvz,
were the performances, and they seemed to afford Infinite antuse-
mast m the audience.
CAPTAIN GEORGE HARRIS.--The honourable ac-
quittal of this gallant Ulcer will be in the highest degree gratify-leg
to a very sonorous body of his friends, as well as to the members
of his protesaioo. Captain Haunts is the ma of the late -Tama*.
Musts, Esq. Chief Preprietor of Covent-Garden Theatre, and
the brother of the Gentleman to whom the greater part f the
property has descended.
Letters received at Trieste, from Missolonghi, under
date of October 22, state that the Pacha of Scutari and
OMEn Yawns, with 12,000 or 15,000 men, were then five
leagues from the town. The place was in a good state
of defence. ANDREAS METAXA was Civil Governor,
and Carrara wrests BOZEARIS, the brother of the modern
Ltoninas, had posted himself before the town with
'5,000 men, to observe the Turkc, who had not ven-
ivied on any attack. MATROCORDATO was expected
with twelve sail and some Hydriot troops ; and neva°,
'the Bey of the Maiuntcs, with 6,000 men horn the Mo-
res. It was expected that:4 serious engagement would
soon take place:
Letters received by the packet from Lisbon, which
sailed on the morning of the 26th ult. state, that the
Pvettiguese Governmeot had received intelligence of
the nitcourtoons treatment of the Brazilian Commis-
sioners on their arrival at Rio de Janeiro, and were
placed by that event in a state of considerable per-
plexity, since on this negotiation the hopes of acquiring
any authority whatever in Brazil were founded. The
alternative of employing an armed force, is said co have
istesaated itself to the Portuguese Ministry on the first
receipt of this intelligence, but we do not learn nor be-
lieve that any intention of that nature can at the pre-
sent moment be seriously entertained. It wastionci..-r-
- • in Lisbon that great efforts were about to be
made by the Brazilian Government to increase its naval
strength, and that orders had been transmitted to the
United States for the building and equipm:nt of five
Iprge frigates,
• There was a meeting yesterday of the Committee of
the Foteign Stock Exchange. The Committee have
now, it is said„ given the privilege to Mr. WitTENBALL,'
of publishing the list which bears his name under their
authority, and assume thereby the right of excluding
y securities from quotation io that list which they
may consider brought forward under circumstances un-
winthy of public support. A notice of a motion had,
been given for admitting into the listof prices sanctioned
by the Committee, any securities, of whatever nature
they might be, circulated by an ickndwledged Govera-
mem •••••A motion which was generally interpreted
a wish to obtain that distinction for the bonds
GI/ERHARD ; but it was abandoned for the present,
,its being represented to the mover that some negotiii-
thin was on foot with the. Spanish Governmei.
recognition of the Constitutional Bonds, which iglit
impeded if any sanction, either directly or indis,:ctly,
were given to Mr. GURSHARD'S -contract. The right
which the Committee now assume for the first time,
naming what securities shall be quoted in the -
rieed list, as it will without doubt be exercised hodoor-
ably and impartially, will be a valuable protection.
that portion of tlse Public who make investments
foreign securities.
. Wedoesday night the Rose public-house', situate'
site the *Dames Poiieg-cdfice, was broken into by
villains, who gut iatu.sbe.tap,wed other meM4
basement. They o4tiiued from 'the till money
#ll.ollllt of E. 50, priaupally sihir, with
*Aker Pert.ids Pg.*l4.:o%**ther s$ clear 4 r

.Liwui.i

OLD BAILEY—TiIIs DAY
• -


Cti?lkriae &Hirt ants put to fair ear. of'a'indictment
charging her with the wilful murder of her female
The circumstances of this dreadful transaction' have
so recently been laid befure our Reader, in the Ph-
lice Reports, that further detail is unnecessary on the ••
present occasion. The .witnesses called, particuhrly that
Medical Gentlemen, gave it as their opinion thot s
wretched woman was insane; :yid the Jitel. After SID
able summing up, brought. in a verdict accordingly.
•
GENERAL rtiLV.4.
Oeveral Mat* slept at the Atoyal /Intel, Plymouth, on Sunday
night, but left it on Monday, sod went to private lodgings in Stone-
henge, where, we understand, be irftends • to'reside tor some time.
On Mender evening he went to the 'Mitre at Plymouth. The
lame wet crowded its almost every part. The PelfGre'enoel were
for the benefit of Mr. Harvey, the stage-manager, and wereby de-
sire and under the patronage of the worthy Oumnunder-lu.ebief,
rSir John Cameron, K.C.B. who arrived at an early hour, and was
revered with must enthusiastic bums of applause from .at parts of
.die house. On General Mina's arrival, which was a considerable
time after, the audience waved their Irsts,aud gave three cheers. As
.sonn as the liaise ceased, a person called out—" Shiglitlihten, in
',showing your respect for foreigners, do rot forget your King—let us
love Gad sere the Ifni." The Orchestra immedlstely COM-
1110110ed the national air, And performed it in grand style. Three
hearty English rounds of applause followed. Belem the audience
had time to scat themselves, some person in the boats called
for " See the Conquering hero conies,"' whlch• the Orchestra
'lnstantly played. Clapping of ha•eis folltrieed, and the perform-
ance, which had been suspended ail the time, was then resumed,
and proceeded without further interruption to the conclusion, when
Ride ilritaratia was called for and played, the audienv: .tanding,
uncovered, and joining in It, the same-Rain !sods !re the Pti.:;. Mina
teemed to take considerable interest in the performances throughout,
which were Virginias and the Hight-rod .71A-1--hoth were admirably
performed. He was dressed•in a plain suit of coloured clothea—
He is rather a stout dark courspiesimed el4erly looking clan.
assesimeesesekesi
NC A 11.141.

•
This morning a detachment of the 7th Posßeers marched through
town, on their mute from Windsor to Chatham.
Thursday last, the ROxburghthire Regiment of Yeomanry Ca-
valry concluded their period of permanent duty at Kelso. The
deportment of this corps in quarter/I, end their attention in the
field, have given the most general satisfaction to the neighisnurhood,
to their Officeri, and particularly to their Inspector-General, Sir
Timms, Baaniroan, K.C.B. who expressed himself highly pleased
wins their movements, the correctness of their appointments, and
of the excellent state of their aims. On the arrival of the Regi-
ment at Kelso, the greater part were received by Sir Jolts Score
Douai...is', Bart. who entertained them with an excelltn dinner,
where cordiality and conviviality reigned until a late I oar. The
day succeeding, a mesa dinner was eats:dished, when the chair was
taken by Sir WILLIAM Pump; an 011iiir of the Corps, who dis-
, anguished himself so gallantly in the .2 Dragoons (or (sueen's
Rays). ills roasts weremf the mast spirited and loyal nature.--
frequently alluding m the dress of the corps, which his ILtzeerr
bad expressed himself an highly pleased with, to 'Sir Wts.uass,
when staying at the Palace. A Bail was given by the Regiment
to the County in general, and Races were made the succeeding
day to their breaking up, for all horses' regularly drilled with the
corps. A pane, richly wrought by Lady .Score Deeek.ase, Gen-
raining twenty-five stwereigns,•was added to the Racing iitalld--•
and a saddle was given by Sir WILLIAM 14.LIUTZA

NAY AL INTELLIGENCE.
-.10-

From the Board of the New England Coffee-house :
" Liverpool, Dee. 3, 11123.

" It blew a tremendous gale the whsle of lan night, from the
'Westward, but this day is rather more moderate. The following
vessels were driven on shore in Bootle Bay t—Mercury, Havens,
from Boston; the Relvidera, Hossos;from Charleston; and Cum-
berlanal, ASHBRIDGE, from Quebec. The Mercury was got off this
daja tide, and brought into dock. The 13eividera and Cumberland
remain on shore, but are expected to be got off to-morrow." •
• •jbe Ann, I3ssaas, from St. John's, New- Brunswick, is on shore
on the .Alapling Sand, with loss of two anchors. •
The Margaret, Tams?, from Quebec, is on shore on the Mapling
Sand, and bilged.
Extract of a letter, dated Santa Cruz, Tentriffe, Oct. 11, 18:13.
to a Gentleman in Edinburgh On our passage hither we spoke
with a brig bound to Seville from Honduras, with two passengers,
who bad gone out hither on speculation, with sixty others sent out
by Maccasctoa. 'Who all died there, excepting these two, not having
anything to subsist on. It was in latitude 51. 14. where we spoke
to her. On our arrival hither we were placed iii quarantine, on ac-
count of having spoke the brig from I landuras, they are so much
afraid of the fever. Tenerlffe belongs to the Spaniards; they
term themselves Const!Tot)nalists, and have taken eight French
prizes. There are many French privateers cruising off this island.
Provisions are very high here. Wine aal.s a pipe, and fruit as
dear as at home." • . • •
The Cattaatornt, Captain Mat.l,4a, proeeeds but slowly towards
the completion of her crew. it is r‘ifi! said, that although to be
victualled (usually the last stage of preparation) on else 10th, she
will not proeeedto lea until towards the close of the moods.
, We understand a few transports arc takeu up in the Rivet—Ljeut.
Tostoos, Id.N. is appointed agetri of one of them:
Armour% Dec. 3.—Wind S.Si W.—Arrived the Albinn, Hata,
from Bt. John's, New Brunrwick ; soil -Harriet, Curti; faun
London. • .
Poessatfpnlferlheilry:_)Final S. S.'tv —lt Iskie fteMenSitus
storm last night flit* 5. tr.' Arrived hisMajesty'kettiter wris,
from a ernise, with forty-five nibs, crept tip off the Isle of Wight.
The shipping all rode Wt. except tits Fame, for Ustion, wltich
drove foul of his Majesty's ship Quinn Quasi:tem and carried away
her main-topmaet and topaail-yard.
DEAL, Dac. 4.—Wind W.S.W.—Last night, at nine o'clock, it
came on to blow very bard from S.-S.W. increasiag withamadnned
violence to a heavy gale, which lasted till nearly day-hems—The
Marquis of Hastings, Brothers, Ante*, Fleetwood, JuUus.Wielans
Lnshington, John Buschman, Heart of Oak,llope, Waterloo, and
several others names unknOwn, lost anchors and (-ablest The Has
'merlon gaMOt Sophie, Warreno Master, front London to Faro,
grounded on Sandwich Flats, where she now nee a complde wreck.
Cause down from the !liver and remain, the William Lushhipoo,
Suneaun; Woodpark, Peas:ems ; Julius. Jaessom ; William Brian,
UlLeeffAll?; Humber, Honuson ; Active, Metres; Pettier George,
PARKER • and John Barry, Ram, outward-bound vessels. Arrived
{ the Hyperion, Srernensess t. and etas, News. from St. Jam*, New
ursswick, and remain.
CUSTOM-HM:4E, DIXEMBIZR 4.
Sean Eseass4 haulms-711e Fricada, and Providence, from
Lisbon ; and Neptuni,from Ostend.
CLEAanal Otrriemoar—TbeWaterloa, for 'musket; and Imposter,
r Rio. • • . ".1: 0.
Enemas OSSltAlNlPterkt.kiarturit for goteramiNOn4 Ann,

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happy nature ,/FprieSe, from Bristol; Zealous, Wood; 111011da,
Pollan; Jane, Wylie; and die Heury, Caved, from Loudest new
Manly, Clark; sad the Sally, Durk, from Nerweasck; Behisbehiss,
front Dartmouth; Nepters. Dawson, from the Clyde; Lancashire
%Kit, i -sad pp; *e_y_nolds, Vannes, from Liverpool ;
Moaning Star. froftßridrort Matitb Merthant,'—'; and
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inners! Mt Japers, yr U 1114111•, 11. tn. • vv...-• • ...
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as Brews, Diadem, Archer, from Liveirpool; •At Bt. '. .
"e Pa' Minimiser, Awls Lotstio4. At New fousa WC
latul, Jae , c,
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sent, On from Billow,. At Basisatkise, Duke ul Ttirliftelessitrdii
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to A. Witter Dania et
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the time,

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...,r. _

escaaed otinisludent.

_ - 4
IfEMORIAL IN BEHALF OF BIEGO.
The following is the• translation of a Memorial pre-
sented by an English Gentleman at Madrid to the
Duke of Angouleme on behalf of Riego :
Madrid, November 5.
MONSIKINIWR—AII the Journals cf Europe affirm
that General Riego, together with three of his compa-
nions in arms, of whom one is an Englishman,bas been
delivered up by the order of your Royal Highness to
the Spanish Authorities ;—in fact, to those Authorities
which are but the emanation of your power; and the
Madrid Gazette has further announced that they have
been delivered up by a French General o the son of a
cousin-german of mine, who conducted them to this
city, where they are detained in prison au stcret—for on
the very evening of the day that the Madrid Gaunt of
the 50th of October said that the cause
.of Riego was
judged, the Officer on guard skewed me an order
which he had in his possession, enjoining him to keep
the whole four I absolutely without communication
with each other." Riego was tried in obedience to a
decree issued by the Regency—that Regency which
was appointed by the declaration of your Royal High-,
ness, on the 25th of May, and he was defended by an.
Advocate who was forced to undertake his eau* and
from whom I learned, for the first time, that Riego was
one of the body-guards of Charles IV. in the month
of March, 1808, and that at that memorable epoch,
he disobeyed the Prince of Peace, who was then,
Prime Minister, and Chief of the King's Guard, in
order to gratify his son, the Prince of Asturias.—
Those who are fond of ttacing the hand of Pawn-
na.sant in all things, may perhaps be able to find it in
the consequences which were the result of this event. It
WAS then. indeed, that a real military insubordination,
supported by an infutiated populace, and under the di-
rection of a Grandee of Spain in disguise, expelled for
ever from the throne of a father—though that father soon
after protested against his renunciation—in order to put
the son in his place. It does not now well become this
son to excercise too much severity in decidinglipon that,
which some would call military insubordination, but
which others would call a return to the first oaths of
:the army of Spain, taken at a time when it was aban-
doned by all its legitimate Chiefs. As to' what regards
the incense which the Ministers of the Altar and the
people offer up to the poisessors Of thrones, in viola-
. non of the express declaration of.laius Cunisf—" Nos
"Komi: Dzo servire et •Masaamini" (You cannot
• -verve Gmi and Mammon)--it cannot excite surprise, for
the instances of their changeable senility are foo-nun?e-
rous and too glaring to escape the unanimous censure
of xn.lnkind. I have just read, in the Moniteur of the
• ether.day, the reception which the Archbishop of Paris
gave his Majesty Louis XVIII. in the Temple of Notre
D.ure, alter" the mid just of wars" I cannot forget
that I have seen another .ArChbishop of Paris also give
a similar reception, in the same Temple, to Napoleon
Bintiaparte, after the peace of Tilsit, and that I have
heard the people of the good City of Paris say to-oat
another in the streets, chat it`wa: more wisest:s(t*
carter of Napoleon and his lacqueys of every Lind)
than any in the time of Louis XV. or Louis XVI.
from which I drew the conclusion that it %vas ne-,
cessary to rob some to be applauded by others.z--
These good people, it is seen, were not the children of
the Revolution, though they well may be of the school:
of the Count Montgaillard; and your -Royal Highness'
will not, undoubtedly, forget that the Pope himself, in
the same temple of Notre Dame, substituted for "
AIINE Saloum foe regent," (Goo save the King) " Viva,
',operator in elernuni. (May the Emperor live for ever).
If military revolutions break out in the Palaces of So-
vereigns, which 'end in dethroning or strangling them,
to the advantage of their successors, the great Powers'
of the earth regard them with cool indifference; but if
a revolution should break out, whose object was to place
sovereigns and their families under the safeguard of the
laws, instead of leaving them at the mercy of a merce-
nary soldiery; they at once desire to—
Voir cent peoples unis des boots de l'univers
" Prier poor la detruire, et lea moots et Its titers."
• See hundreds rushing ever sea and land,

T oppose its fury and re,strabs its band.
But if your Royal Highness considers that Riego has
been brought to trial only for having voted, as Deputy
of his Province, us appeared to him most conducive to
the interests of his country, and that many other pri-
soners of the same corps of the army, though taken by
Spanish peasants, after•being defeated by the French
troops, have been either marched into France, or re-
leased in Spain by French Generals, in obedience to the
orders of your Royal Highness, you will see that your
glory, and perhaps your honour, are interwoven with
his fate, and that of his companions in misfortune. One
of the: ncestors of your Royal Highness, pefore being
taken prisoner to Madrid, wrote " All is lost but ho,
nour." Take care, Monseigneur, lest that if Itiego, and
the three prisoners delirefed up with him, be illegally
'sacrificed, your Royal Highness may be able to my, on
repassing the Bidassoa, " All is gained but

- - •
• Monday se'nnight. at' a raeeting of the Proprietoreit
the Royal Bank of Scotland, it wss announced that tl
dividend at Christmas next was to be reduced frodi
' seven to five per cent. per annum. aid. at the same titter
- that a bonus of twelve and a half-per cent. would Ir
paid to the Proprietors. •
It may perhaps be recollected that about seven numbs
• since printed hand-bills were widely circulated,'
scribing the person of a little bay, about, ten years (AC
.shat had been decoyed away from its parents, whops,
is'Macher, residing at Knightsbridge, under very
mysterious circumstances. It was then ascertained that
the boy had been enticed away by a inan;whilst amasing
himself with his playiratn, and had never been Yid-
• • flad to return. Notwithstanding every method was re-
sorted to by the afflicted friends of thecluld to trace him
out, nothing was hearcisof him till Monday last, when,
to tbe.great joy and surprise of his parents, their long-
boywas restored to them. The child had been de-
coyed away by it "want of the name of Thomas Wool,
alias Biatoi, alias Car, well known as a writer in chalk
•on the London pavements. Wood had been taken ap
on a-charge of vagrattiy, and sentenced bribe Magi'.
Irate: °intim% Hall to the tread=mill. On conveying'
him-- pivot, the officers saw the littleyboy in the street
waiting know-the fate of Wood. They-secured the
boy, ‘O.manifested some rebictance to go with them,
• and theY learnt that he had been enticed away by World'
and employed ever since in begging in. the streets fey
. kis Ramis: Same • time back Wdod ea tripped- a hot
; from
_ffeststar.lnamerf I.l!qtaty. fitsimilartaantier 40
144 Mo
etoratisat's {on, attA.ladiltad Cato' his Wad. askry
- sirci vitae Arartataiialh-hossever, anti ceipi;aoa'
• • ItamtittVlitilliati.lat otadlaVand-salossd te his parsig'
with whom be still remising. Wood Wis protases** at
bat

.1
COLOMBIAN-ZOAM'
The William Gait, which has. arrived at Liverpool
from La Guayra, has brought intelligeneelo the 4th
October. The following article on the Colombian Loan
is extracted from the Caraccas Government Paper :

;

!ROSE TEM IRIS DZ
It would thus appear that the Loan of hlr.Zen is dis•
approved; most certainly in form, although it has not
been, and cannot be, in substance. The Executive of
Colombia has been authorised to do the same as this Mi.

nister did, for the credit and interest of his cornury: he
-mayliquidate the debt in. the manner he deems mos 4
convenient: be may conclude the business by arhitra.i
,lion, and he possesses authority to remove all difficultici
!which may present themselvesin the execution of this red
solution. With these powers, which are the same as Mr. Zen '
Imagined he possessed to raise the Loan, will theExe-1
cutive fail to do that which he did? Any restriction of
faculties in the arrangement of this affair, would have
been as injurious as this second operation is, in our opi-
nion, unnecessary and superfluous. It cannot be doubted
that the Executive has no alternative but that of ratify-
ing this Loan ; setting aside the acts of its author, whose
errors (if he bad such) should not row be visited on the
actual holders of. the Colombian Bonds, who are only
involved in the affair in consequence of a firm reliance
on the good faith of the Government, under whose au-,
spices Mr. Zen made his contract.
Can it be imagined that the Executive will adopt any
other line of conduct ; and by denying the creditors thus
justice which is their due, precipitate the Republic hue'
that state of discredit which Some injudicious and sordid
,persons would wish to bring on it ? No! the Executive,
u well aware, that it is not with such views that the Con.
Ogress has conferred on it such ample faculties, has con-
,aigned to its charge the adjustment of a question which
has been wilfully misrepresented, and the dissipation of
that alarm which has been excited in prejudice of tlee
estimation in which Colombia deserves to be held.
The errors of Mr. Zea are imputable to himself alone.
None of those whith- the Congress has assumed as ii
plea for passing this law can fall on the creditors, sincel
it was enough for them to know that the Minister of!
Columbia was-invested with unlimited faculties (as in
fact his credentials prove) to repose in hith their 'entire
confidence, by which they gave credit and honour to
our Government.

It is for this reason that we venture to state our opi•
nion that the Loan will be recognized and ratified in con-
sequence of this law. Justice exacts it, and this ought
to be the guide of Government, even apart hom ex-
pediency and public interest, which in policy is of still
higher consideration. And if such must be the natural
result of this resolution, why did sot Congress itself con-
vey the approval, rather thaw sanction a nominal and
Inoperative dissent? Why insist en the liquidation of
a debt, the examination of actountsotocr.the'prnduetion
41 proofs, Which have probably onergect in the ireasec-,
tions which Mr. Zea subsequently entered into prior
contracting the loan, in order to revive or ratbes its
inate• that opinion hich Cplotsbia.'did:Nt• that time
possess in Eistope, and which_ was necessary frog the sue-
sem of ,bee financial and diplomatic :flegoiiitions?—
What voucher cats justice be exacted from the
actual holder of an obliggiuson,which has passed throng's
a thousand hands prior-to reighing his ? kit possible
to exercise, in such extension and "colisplicatedeencerns.
the same system as in personal and private ones? This
would be a gross mistake, and productive of many p*ifa.
The Loan which we are discussing is now a were po-
litical question, which is not to be treated like a mise-
rable debtor and creditor's account, when great national
interests are about to be threatened by so pain y an eco-
nomy. And if this be the case, we ail; again, why has
the Congress disapproved of the Loan of Mr. Zea?—
What necessity was there fin so doing ? If the conduct
of Mr. Zea was improper, will it now be remedied by
this declaration? And if it was correct, and such as the
Executive cannot do otherwise than imitate, what was
the object in discrediting it? Such-conduct does not
seem to us the most likely to bring the affair to a cps-
elusion. Goo grant that the Executive may profit by
the faculties granted to it by Congress for the settlement'
of the affair; since, in, spite of the. errors of the law, it is
enabled to do justice to the creditorkand honour to the
memory of the illustrious Zea •• •
MIDDLESEX SESSIOSS, DEC. 4.

Tag PARISII.4II7 TOPSHAM, DEVON V THE PARISH OF ST.
-
• (TILES'S IN THE FIELDS. •
This was eir appeal by the former parish against the
latter, for hiving illegally removed two pauper children
named Fay, from the Respondent to the Appellant
Parish, which was stipposedtabe their legal settlement.
Mr. ANDREWS called the father of the paupers, who
swore he born at New Yoeir; in America, aad had.
never gained any settlement in England. ' • -
Mr. ADotin us. cross-examined him, in the etanie-of
'whith he declared he should not know his own father—.
( Loud laugh). He was quite sine be was not born at.
'Culmstock Deironshire.
John Fay, an old grey-headed man, sea; then con-
!fronted with the last witness, and swore he was his win
Jack, andthat he was 19 years younger thfie 'himself;
that be was born-at Culmstock, andinhe age orl9h.El
enlisted. into, the Marines with Serjeant Davy, and, after
eleven years absence from England, he returne44e.
Culmstock, where he married..
3iahn Fay, the son, protested the old man was not
rather., nor was he ever in the Marines: He had sera
on bOard a man of war, tine Eurydice. • .
. Caientax—ted maw, bow loot is k dace plusaftjaimace AO?'
Old Man—Thirteen years, Sir..
. Cuorassow--i-Are you sure he *Teta son? .
,
Old Mime—.l seas elms told so—(Laugh). ' '
Cuionstait—lt is very strange. Let the cue nimbi it di
Session, mod let some of the old Inhabitants (taildminkilt
brought forward to identify the Old Awed ma. • I ',./. ~
The appeal was thea.nskjeusned., „
. •
woa-
Atto.

IVESTNIINTER COURT OP REQUZSTS,KM.A.
Linz v. Stenos.—Thelitaintiff in this silk 104 tleen
a publican; and once kept the San, near the innitaaae 'of
Clement's Inn, till, like his predecessor, Phados, he
could manage it no longer; not that it appeared he had
set the world on fire, as the other did. The plaint!"
told his story, from which it appeared that Sparks was
one of the watchmen of Clement's Inn, and that for-
merly he had a companion of the name f Gunn; now
Sparks and Gunn could do nothing separately, as in-
deed is mostly the case, least of all could they drink se-
parately, and being warm sonls, and the Sun in their
immediate neighbourhood, .they patFonized Lince, and
built up a'respectable score at the back-of his bar-door.
It appeared that the potency of Minces bevy wet and
Mug ruin were the ruin of poor Gunn; for, alter having
been let of many time:dor trifling offences, he was at
length completely discharged by the Society of Clement's
Inn, .and, *for once, without Sparks. They were 'sepa-
rated, and eventually poor Gunn, for want of employ-
ment, went off for good—in plain English, he died. As
Imen pay no debts after having paid the great debt of
nature, Lince gave up Gunn's portion of the score, and
now sought to recover from Sparks IL 4s. being the
rest, residue, and remainder ; but Sparks stoutly insisted
he had paid it, while Lince quite as stoutly declared he
had not. In this dilethma, the Commissioners finding
too that Lince had suffered the thing to stand over four
or five years, althoughle could have found Sparks in
his box, asleep or awake, almost any night, they fairly
cut the Gordian knot, and gave Lince 12s. being half
his demand, and allowed Sparks; who pleaded poverty,
to pay it into Coutt at 4s. a month.

_~ _ c .

OLD BAILEY "SESSii%

!. 4,

.

Jarvis Streetox, 4 servant, late.
.in the employ of Mr.
Walsh, of Wentworth-street, Bryanstone-square, was in,
dicted for stealingstwo pair of stockings and some other
articles, 'valued at ss.
The properly being missed by:Kr. Walsh, and ci:-
cumstauces inducing a suspicion that the prisoner,: who
bad been allowed to
.come about. the, premises
having left his pliee,*ii the thief, he took out a search
warrant, when the thinks were band in took_
possession.
The Jury fostxl him &lefty... With a recommendation
'W
-mercy on account of bit preirious.good.Character, -
The ItEconpoobattrved that his offence Tsai so much
aggravated by his
.malicitrusle.44vonts to shift the
blame-on an innocent "felloir;teyiatt,, florn'arlinnt- habit.
defence he declartebe bad recii'iedthe invojiierty,`that
the judgment of the Clam wouldlit transport4tioa Int
seven .y ears, which helptonOpiced.ss*Ortlipaly.
The prisoner, who is a married- 111411 •WiL4 Lopil)4o
was removed ft cup ;
1111314 tOUIZT. OF a" .

• •
; :•• '

:1•?..,1 1 • . .THE enenaettea: - ..7 '7 . '?‘ a: . .
: 1;1 Lora S-Tostott.t..gave judgmelkt io • this . case.. It ,
*.suit, his Lottishiu said, brought 1)Y (wosailo!s agairis
the Captain of the ship . above minted, for wages. l'
the year 1819, the men were engaged to proCeecf wi
'tire ship to Jamaica,.which was done, and when arrive
there, they left the ship by consent, and were obliged t
sell their clothes to. procure. them sustenance on their
passage across the* country. The defence that is set set
is, that on the stay they left the-ship; 'they got intoxi
cited by a quintity of rum they..clancles:inely. pro-
*tired : they, it appears, were. not contented with such
ru.quantity,- but-required thp.Stevrard and Mate to give
ittliens More, which they very properly lefused;..aud
when the Captain cane on boatd, he was assailediti a
-similar Manner; he, hoi-tver, oilier/A:tett!! state ihey
'race then in, ordered them toil,- to betione.tnan,
named- Brown, who. a ppeated the IOOSt turbulent of the.
number, said he would not do sp, but woolsito on
shore ;- a degree of vanye4sation • then passed ketweett,
the men, which may be considered a mutt:lC.ll4 414-
gie question, however, in'the cam was, Whettliertheitheir
lied leave/rem the Master to quit the Shia'? (, Whe-
ther it was .not. desertion ? These. matters were ex-
tremely pernicious upon West India traders, as men
would go ot4 in vessels, and lnake it good harvest by
coming home in different ones? at an increased: ialary.
The, Act of Parliament sans,` this requires kittonger
check than any ether eireumstaMie whatever. It tsp•
pears that on Saturday aigbt,:a ben all the work of the
week was cpncluded, a bond} of ppm was demandedlT
the men, and. refused.. This .Wilf: not an unusual indu
gence,. but it was proved not to have the cesium of-
the Captain of this ship. 'file). had had as much rum as.,
was required, but how they tot it does not appear.t..lir
this state things continued untitiba Captain cannon
board, and even then it did not seem to abate. They
asked luni .for tjie. bottle, And . certainly not in very
proper 'terms, particularly when tefused. Brown, who
appears to have bon the leader, used such language,
that icraight with. justice be termed snotinf.—He clues
not come ferwerd'tteleim his wages, consequently he
is aware thatilsesea(trilty,-4 great misconducr, and
it ends in* 34 ejture of the whole. Beard, one
of the menclatimEng,it* not more modest, and u
.skstilar l *Brom': The Captain said, Iftirje
--Was. ' chi aright lease. the ship. • Brown '
if onviwietet pH wattlit g0,..8r this it,wo4l4ppeiw the '
sal
tifge4o, . . ."Ebt Cupifiabe was much i
:tated'a .wlVir alser,bettit matt be observed, that in •
discipline, passion must beledited ;:he (Lord Stowell)
did .not see that the Captiiri.in any manner remonstrated
.with,them, and
.probably they were not so farfinshed
aaith.iiquor, but they. *told' lope heard retwon,; His
,I,.orciship then took !;a:. y,ief of .. alli, tbe circon? .
coance-ted with this case; iiiik6 he consisfered on
have been strictli•inquiretifitato Eiy 'the 'PrOettin
a was proceedecTin.-- In thitease,- the; Prditini:
.foe:
....
mariners, said his Lordship, mest.havibeet},aware ttt
..j
the atiso came home in imutimr vew1,.40.1 uppa.mageit
ha twos also av:am:that 14 *la). of 'MU fiat beep
Ateittgli:**lvages up: to the day '
"of ' di
wail; 04 even qp to the 'tibia they got *either ;•.: i
... ... .