Star.
London, England, 1809-11-27 00:00:00

THE [DM V. HARVItY,

Thomas and John Harvey were brought up to re.
eeive the judgment of the Court, for a violent assault
on Captain Peter O'Shoughnessy, of the 18th, or
Royal Irish Repinsent of Foot, at Minchinhampton,
in Gloucestershire, while on his route from GlouCes.„,
ter to the Isle of Wight, on the 4th of July last,. the,
pro<ecutor having been billeted on the house of. the.
Defendant, Thomas Harvey, who keeps a public.
house, called the Crown Inn, at Minchinhampton.
Mr. Justice (hose, in passing the judgment of the
Court, observed, that; as a publican, the Defendant
was bound to receive the prosecutor with civility, and
give him such accommodation as hit house afforded.
If he felt the billeting of soldiers such a hardship upon
him, be should relinquish a business in which hemust
be liable to such inconveniences. As to his condtict
in this transaction, it was not for the Court to say'
Nether he was a proper person to be continued a
licensed publican, that would remain with the Ma-
g:strates to consider on their next licensing day--But,
to prevent a repetition of such Offences, it was the
d-ty of the Court to inflict a severe punishment.—
They were then sentenced to three months imprison-
ment each, in his Majesty's goal of Gloucester.

• • .
iq L IlECONarittmeNer. •
DUN BAR V. THE GOVERNORS OF BETIILEM HOSPITAL.

SOY V. /MERTON* Lord ELLUNDOROU6O--" ti Air. Dunbar will7nto,l
Mr. Poor.r.a shelved cause against the Rule obtain... to enter into a Rule to take care of this unfortunate
ed by Mr. Marryatt in this case, for liberating from mail ?"
prison the defy dint, who had been imprisoned on Mr. SCARLETT.-• 44 He is, my Lord."
debts existing previous to the Ist February, when the Lord ELLEKBOROUGII then ordered, that the motion
Insolvent Act took effect. The cause to be shewn by should be renewed on Monday, and that, in the mean
*the plaintiff was founded on the 344 h and 35th lac: i time, the persons applying should file such affidavits
tions of the Act, which applied to the obtaining mo- fiom Medical men, as they could produce.
ne7, &c. under false pretences, and also to the ob-
taining bonds, bills, money, Ste. as agent for ano-
ther. -There were conflicting affidavits in this case.—
The affidavit for the plaintiff stated, that the defen-
dant offered to the plaintiff, who had lately begun
business, and had a small capital, to procure him
temporary supplies of money on the credit of his name,
Fin
consequence of which he procured from the plain-
tiff certain bills, .for. :some of which, amounting to
' upwards of ;CS% and which the plaintiff had since
been oblig.:d to pay, the defendant was now in custo-
dy. The defendant, on the other hand, contended
that the bills were granted by the plaintiff for his (the I
defendant's) use ; that he had paid them away to a
person of the name of Swahy, a discounter of bills,
who had only given him 420 in whole, for the bills
now claimed on by the Plaintiff, in consequence of
which, he (the defendant) was unable to pay the bills
in question... In either case, the Learned Counsel
contended, the' defendant fell under the clauses al- ,
luded to.
Lord ELLEN want:oil remarked that the objection
in such cases as the present was confined to the Jus-
tices, at the Quarter Sessions. If the Court were to
entertain motions of the kind, they might have no-
thing else to do. At the Quarter Sessions there was
an opportunity of examining the parties ore tenus,;
which that Court had not, and that was by far the
preferable mode of ascertaining how the matter ac-
tually stood.
Mr. MARRYATT, for the defendant, said he was
willing to meet the case on its merits.
Lord Eti.:,:nottoucl•+44 Your Client probably
stands for character. We are not, howevir, to hear
the merits of a case where the party has no locus standi
is judicio."
Mr. POOLER wished to know on what clause of the
Act the present application was made?
Lord ELLENDOROUGH asked, ifthe question had '
arisen in any other Court ? It was proper that there
should be an uniformity of decision. -The Court would
therefore consult with the other Judges on this point,
As the defend int, hOweare:, was iapnson, they should
' hear him on the merits in this cast.
Mr. POOLER having re-stated his case,
Lord EiLENBOROUOI4 asked, if, as agent, ail re-
ward had been stipulated to be paid ? Being answer-
ed in the negative, his Lordship remarked, that to
constitute agency there must be a reward. If this
could not be shewn, the plaintiff did not clothe the
defendant with the character mentioned in the Act
of Parliament. As to the other. point relied on by
the plaintiff, that was perfectly plain. The defendant
could not, under that statement, be said to have ob-
tained under false pretences; but by false promises.
Rule made absolute.

The Brighton coach was upset on Tuesday, near
Ewel, on its way to town. The accident was occa-
sioned by one of the wheel-horses falling, and break-
ing the pole-piece, when the fore-wheel went over its
neck, and killed it on the spot. The passengers did
not receive any injury, but the coachman was severely

bruised. .
Thursday, the 16th inst. as Mr.Novcrley, waterman
and Mr. Nicholas Crowiturst, shoemaker and slop-
seller, Sheerneis, were out in a boat, it suddenly upset
in a sqvall of wind, and they were both drowned ;
they have each left a wife and children to lament-
their loss.
iAnother melancholy instance of accidents by fire
occurred at Ramsgate on Thursday evening, thel6th
`inst. A child about six years old, son of Mr. Hal-
t cove, of the Ship public-house, during tile mom m.
tarp absence of its mother, took a lighted candle from
the table, and went into the yard, when the wind
blowing the flame to the little innocent's clothes, it
Was burnt in so shocking a manner, as not to survive

more than six hours.
'rite following are the particulars respecting the
dreadful outrage committed in the neighbourhood of
Tootue Bridge, in Ireland, on the 9th instant . ""•
44 About midnight five or more armed men entered
the house of Alexander M'Culloch, a respectable far-
mer. They had taken off two w►ndows, by which
means they got in unnoticed. Every possible resistance
NV.IS made ; but the villains succeeded, in conseqUence
►if their number and preparation, for there. were none
in the houte c.►pable of opposing them, but Mr. M.Cul-'
1 loch and his son, a youth of 16. The father they
murdered, having stabbed him in upwards of twenty
places ; btit his death appears to have been occasioned
by blows upon his head with a hatchet. His son, who
bravely assisted in endeavouring to repel them, has
been severely wounded, but hopes are now entertained
of his recovery. The house-keeper has likewise re-
ceived some blows on the head, but their barbarity
did not stop here. Children, who from their age were
incapable of offering any resistance, they have wound-
ed in the most inhuman manner. They then pro-
ceeded to plunder the house of every thing. portable ;
1 but failed in getting money, unless a small sum,
as cash to a considerable amount has since been,
found in the house. . In the . morning the neighbour-
hood was alarmed ; search was made, but no ►ntelli-
gence of the perpetrators of . this horrid deed has yet
been received. However, it is hoped that the exer-
t t'►ons of those gentlemen who have already used the
most -active endeavours for their discovery, will at'
length succeed in bringing them to deserved punish.
ment."

Prisoners committed to the County 3.til of Maid
stone :
Richard Pitt, alias Mkeael Pitt, alias Rickard Carney, cltarged
on suspicion of stealing, on the 7th November, from the dwelling
house of Christopher Wm. Collier, in St. Nicholas, Deptford, a
linen shirt, a gold breast-pin in the shapa of a key, a woollen cloth
coat, a woollen waistcoat, and a pair of kerseymere breeches, the
property of Gild Young. He also stands charged by the oath of
John Omer, of Chatham, bookseller, on suspicion of stealing on
the all% day of November, prom the dwelling-house of Thomas
Pollitt, the Blossoms Inn, Lawrence-lane, in the City of London,'
a pocket-book containing a £lo,a £3, and a .£l. Rochester bank,
notes, a .CIO, a A'2, and t 2. or 13 LI Bank of England notes,
with stveral note; of hand, to the amouat of about .i.'.6t30, &c. the
property of the said John Omer.
Jerome 1-logo, alias Corono Osouao, removed ily habeas corpus
from Rochester, charged a ith the viilfulni urder of Francois NV oit-
kowiack, in the parish of Uillingliam, in the county of Kent.
Joseph Dori itt,andW ni. Sheelah,removed by habeas corpus from I
the city of Rochester, charged on the oaths of John Judall and
IRobert PoNvc% Bilbee, with bating on the :;7th of September last,
1 on board his Majesty's skip Uahaina, in the river Medway, felo-
niously committal an unnatural crime.
Benj. Hubble, charged on the oath of Mary Hazledon, spin-
I. ster, whit committing a rape on her body, at Sevenoaks, on Mon-
' day the 6th Inst.
1 There was but little stork on Norwlhh-bill on Saturday sea-
-1
i night, compared to what is usually exhibited there. In consequence
of Hempton-green fair, tl:e show of lean beasts was very model.-
ate; but what were offered to sale demanded the attention of the
1 buyers, being in good condition. There setts no fat beef, and very
I little fat mutton. A few store sheep were shewa, anti a grim er
' quantity of lambi, bu t not many sales were effected. Lean pigs were
as dear as the preeedioa.week, and rather scarcer. A few cart
horses were shewn, and those of a batter sort than are generally
t to be found at that Mart.
i At Setch market, on Monday qu'anight, there was a plenty of
good fat beef and mutton. The I.nres:r w?.; sold at from 25. to
ns.fitl. per stone, and the latter from 71 to 7 td. 1.”. z. pound.
SEA-COAL' METERS' OFFICE, LONDON, NOV. 25.
1 CARGOES, SOLD, and mum

Mr SCAULETT moved for a writ of Habeas Corpus,
directed to the Governors of Bethlem Hospital, en-
joining them to bring into Court the body of James
Tilley Matthews, who had, in the year 1796, been
committed to that Hospital as an insane person, but
who, it was pow sworn, both by the Officers of the.
Parish on the•application of which he bad been com-
mitted, and by certain relations of Mr. Matthews, to
the best of their knowledge and belief, that he had
'regained his.sens?.s. •
The Learned •Ceunrl stated, that on its coming to
the knowledge of the relatiyes of the Prisoner that he
wis in a convalescent state, they immediately-made
application to the Governors of the. Hospital, and re-
ceived for answer that they could not liberate the Pri-
soner, as he was 44 one of their worst lunatics." The
conviction of the persons who made the present appli-
cation being dirtcdy contrary to this statement of the
Governors of the • Hospital, they ordered additional
inquiries to be made as to the sanity or insanity of the
Prisoner, which tended to confirm their prevous
impression as to his having regained his reason:—
They, accordingly, made a second application to the
Governors of the Hospital, for the liberation of ithe
unfortunate man, and, in answer, were informed that
he was a state Prisoner. The Learned Counsel held
in his hand an affidavit by a Gentleman, who was a
respect Ale Merchant in the City, of the name of
Dunbar, who swore that his wife being a relation of
Mr. Matthews, and having learned that he had re.
covered the use of his reason, that he ,(Mr. Dunbar)
was willing to undertake the management and care of
him. He also swore to a consersafon which had
passed between himself and Mr. Haslam, Surgeon
and Apothecary to the Hospital, who having acci-
dentally :hewn Mr. Dunbar some writing, he time-
diately knew it to be that of Mr. Matthews, andlrai-
ing mentioned his name and situation, Mr. Haslam
stated that he, Mr. Matthews, was as much in his
senses as Mr. Dunbar was, and that it was a thou-
sand pities his friends would not take him out." .
Lord EtLeenonoutat asked, why we:, not the visit-
ing Physician applied to ? There must be clear evi.
dence, to induce them to call a person of this descrip.
don on the floor of that Court.
Mr. SCAIZLETT said,Dr. Monro had been applied to'
by two medical Gentlemen who had visited the tin-,
I,atunate man at the request of his friends. He had
appointed to meet with them that day, in consequence
of which he (Mr. Scarlett) had requested permission
of the Court to postpone his motion to the end of the Temple's wall's End
Term. He had since learned, however, that Dr.
Monro had postponed the intended meeting till Wed- Wortley
nesday, being one day after the determination of the I
v4lArilington
present Term. He (Mr. Scarlett) was therefore im- Belwaick's Wall's-End
pelled to make his motion even with the imperfect Bell and Co's. Walls-End
evidence now in his possession. East Tantirld, small
Mr. Justice Gito-e remarked, that the Governors Charlotte Malts
of the Hospital could have no object in keeping_the c Hartleylam
unfortunate man. They must rather be anxious to ! st, w. Coat
part with him to make room for others. Cinders
Lord Euxenonouoit was convinced there must be I Yorkshire
some mistake as to the answer said to be retuned by i Scotch Coal
SUNDERLAND.
the Governors. It was hardly possible to conceive Eden Main
any reason they could have for acting amiss.
Hedsworth
Mr. SCARLL-TT asked, had they any right to keep' Newbettle Moor
this unfortunate man against the will of his relations? Prim
's'
Nk ear" Virall's End
He had now been in this unhappy confineitent for
thirteen years.

NEWCASTLE COAL.
Barricr. .
,Denton
Eewick M.Litt. •
Bigg's plain
Ellison
Coxiodge
' Heaton Main
Hebburn Main

NW:law:, Wedni.,.
Nov. fiO. Nor. '4.
1 75 0
2 72 Of 1
1 71. U I 1
1 70 0

3
- 1

H.lyw•ell Maio
Cotlingwood
Northumberland
Coitingwood, small
l't rcy Main
Eontop
quarry Hill
South H..bbut a
East Tanfield
Culler Coats Main
Wall's End

74 0
74 6
.74 0

-- 1'

-- 1

71 6

74 0

6.5 0

•2o
70 1.)

2
1

4mm•
IN•1•11

75 0

! •
i

74 3

75
76 •
56 0

66 3

42 0
Go 6
62 0

70 0

73 •Q

7, 6

73 6

73 0

Friday,
Nov.
2 ^l
68 I

75 0
7.5 0

93 0

71 0

I.

71 6
,71 6

Ships ......... Si • ISV

.

• St