Star.
London, England, 1824-10-26 00:00:00

MIDDLESEX SESSIONS, OCT. 25.

The CHAIRMAN opened the Court at ten o'clock, and
the Jury having been sworn.
Josiah Taylor was put on his trial for keeping a
gambling-house, set forth in the indictment as a corn.
mon nuisance.—The prosecutor not appearing, the pri-
soner was acquitted and discharged.
Josiah Phelps stood indicted for having assaulted
Matthew Burn, a half-pay Captain, resident in Islington.
Mr. ALLEY stated the case for the prosecution. The
difference between the parties hadsits rise in a misunder-
standing as to the nature of the material of which a
monument, in the Church-yard of Islington, was com-
posed. The monument was erected to the memory of
a Gentleman, the friend of the prosecutor, Capt. Burn.
The contract for its erection was entered into by the
widow of the Gentleman with Mr. Phelps of Islington,
and it was agreed that it should be of black marble.
On inspection, however, the widow of the deceased was
led to believe that it was nothing more than common
slate, covered over with black paint ; and on this sup-
posed discovery Captain Burn went to remonstrate with
the lefendant, at his residence in Islington, where the
assault was charged to have taken place. The parties
had cross indictments against each other. Mr. Phelps
stood accused of an assault on Captain Burn, and Capt.
Burn was in turn charged with having. maltreated not
only the prisoner, Mr. Phelps, but also his daughter,
Miss Marianne Phelps.
Captain Burn was called to prove the case. He
stated himself to have been in the army all his life,
and to have been assaulted by Mr. Phelps on the 23d
of October.

Mr. Punters. for the defendant, cross-examined the witness.
Had you anything to do with the ordering of your friend's tomb ?
—No; it was ordired seventeen years ago.
Mr. Pam:as—Aye, but you were alive seventeen years ago ?
l'es, I think I was.

Mr. Pints:es—The tomb was not yones, I suppose'—No, I'
don't suppose it was ; if it had been I should not be here now.
The next witness for the prosecution, a Mr. Frost, gave his evi-
dence rather favourably to the prisoner.
Mr. Puma% observed, that the case for the prosecution was
dearly/rest lineal—(A laugh).
The Learned Gentleman was proceeding to make a statement
relative to the tomb, when he was interrupted by Captain Burn ex-
claiming—' 'Tis false as hell."
Mr. PHILLIPb'S statement was frequently interrupted
by Captain Burn, who declared that it was all a fabri-
cationound that his Counsel, Mr. ALLEY, failed to con-
duct his case satisfactorily to him, by permitting such
assertions to pat: uncentradicted.
Mr. At.t.tv—Then, Sir, here's your brief for you—you may
conduct the case yourself.
Captain Burn was persuaded with much difficulty to refrain from
further interruption.
Mr. PHILLIPS proceeded—The Captain squeezed and
shoved his client to such a degree that he was nearly
making him a fit subject for as neat a tomb as his client
could make, had he not been interrupted by Mri.
Phelps who exerted herself to terminate the affair, fear-
ing she might be a husband out of pocket—(A laugh).
Mr. Phelps the prisoners then mounted the witness box, and
Captain Burn passed into the character of prisoner.
Mr. Phelps swore that he was assaulted by the Captain. Miss
Marianne Phelps confirmed the statement.
The CHAIRMAN summed up. Verdict—Mr. Phelps Net Guilty,
Captain Burn Guilty. Judgment of the Court—Captain Burn to
pay a fine of .ElO, with permission to speak to the prosecutor.

A New Yank Paper of September 21., says—" Miss
L. K aux made a very successful bit in Beatrice on Wednesday
evcning. The audience were delighted with her perfprnaance."