Star.
London, England, 1801-12-14 00:00:00

DECEMBER I 1.-BURTON V DAT.

This anion was brought to recover damages for
an affault. The Plaintiff is gardener to a Ql.,iaker
of large fortune who reticles at Wa'worth, of the
name of Smith, and the Defendant one of the Wal-
worth Volunteers. The affray happened on the
evening of the loth of Oftober. The village was
generally illuminated to celebrate the ratification
of the preliminaries of peace, but Mr. Smith think-
ing fuch profane rejoicing incontinent with the
pure principles of his fett,refufed to put out lights.
He was apprehenfive, however, that the mob, if
left to themfelvss, might not thew a due regard
to his temples, and gave it in charge to his
(errant, the Plaintiff, to Rand before the door to
explain the nature of his creed, and to pray for
the ufual generofity of the Englith populace.—
Next door lived Major Byrne, Commandant of
the Volunteer Corps, and as his houfe was moll
brilliantly illuminatrd a great crowd had collated
te admi re it. Every thing ne verth ele fs remained very
quiet,and the corps having fired a fry de joje, peace-
ably diffserfed. Unfortunately Mr. Day, the De-
fendant,lagged behind,and as he was at lan tardily
withdrawing,jhe was met by a brother foldier of the
name of Cooke. Said Cooke, " I have been too
late ; I with you would giie me your gun, and let
me have a fire. Is the loaded r Having got the
piece into his hand, he took a fire immediately, and
in his eagernefs to thew his loyalty to the King.
not having fufficiently regarded his futijeas, tinged
Mr. Burton's fate with the Rath of the pan. The
Gardener thus infulted on his poll, was exceeding
wroth, and fwore that if any one thould fire in that
manner again, he would inftantly knock him down.
To Mr. Day, this threat famed an infult to the
fervice—and, running up, he told Burton that lie
had a right to fire wherever he chofe ; and that,
if he thought fit, he would fire before him and be-
hind him, over his head and under his feet, by his
right ear and by his left. And to thew that thcfe
were not emnty words, he again loaded the piece,
difcharged it within a (mall diftance of the Plain-
tiff's face, and exclaimed, Now touch me if you
dare." Burton fprung forward, feemingly with
an intention to fore him, but was prevented by
the klow,tor which he now fought a compenfation.
The Volunteer, when he law him advancing, turn-
ed his firelmicb and knocked him down with the
butt end of it. He (hewed fume inclination to re.
peat the blow, but the bye-Randers interpofed.
' Sir SIMON La &atm charged the Jury to con-
fider who had beets the aggreffor. If the dif-
charge of the gun was really meant to annoy the
Plaintiff, he would be entitled to a vertlia, as that
was evidently an affault—but his pofture of offence
afterwards was likewife an affault; and if the Jury
were of opinion that no drank had previoully been
made, they would find for the Defendant.—The
Jury withdrew, and remained out confsderably
above an hour. They then delivered a verdict for
the Defendant.

A female ravage has been found in the Foretts
of Gallicia. Her thin is hard, brown, coarfe, but
not hairy ; the thews a moll einlent arerlinn for
fcaffined meats; the (peaks a kind of language of
her men, that is totalh unintelligible. They arc
endea,nvirinr ter ci' ais.: her.
An :iirrars Xorn t. . f an extraordinary appear-
.ance, was ken at Edinburgh, be wcen eight and
eleven o'clock iu the evening, on the sth

Frr the LONDON' C.,I7:ETTE, Decanter is.