Star.
London, England, 1806-04-19 00:00:00

PARLIAMENTARY" PRUCEEDINGS.

HOUSE OF LORDS. FRIDAY, APRIL IS. •
The Deputy Warden of the Fleet, Mr. Newman, Keeper of
Newgate, Mr. Kirby, Keeper of Ciltfpur Brett Compeer, and
Mr. Teague, Keeper of the Poultry Compter and Ludgate Prifon,
sentenced Accounts of the Number of Debtors confined in took
Ptifons,.which were ordered to He on the table.
In an Appeal from Scotland, . Henderfon se Earthy and
Others," the Solicitor General wan beard on behalf of the Appel-
lant ; after which the farther amide:ration was poftponed till
Monday.
Theo,oannool. Loan BID was read a third time and patted,
and a Mellor ordered to be fent to the Houfe of Commons, to
acquaint than therewith.
Sir J. T. Duckworth's Annuity Bil:, and the nature: of the
Ordnance's Regulation' Bill, paffed through Committees, and were
reported.
The Hoofs refolved KW Into a Committee on the Welt lodia
bderantty Bill.
Some verbal amendments were made on the BM. on the motion
of Lord AUCKLAND ' • and after a few word. from Lord
SHEFFIELD, the Houterefunted,aod the report wan ordered td
be received on Monday.
Tetet. 01 LOAD Tient:Warr MBLTILLI.
Mr. GILES acd revere' other Membera of tho Houfe of Com.
moos, brought up a Meffage, containing a Lill of Witneffes to be
produced to the Trial of Lord Vinount Melville, and requelling
that their Lordihips would take measures to summon fuch Wh-
ite.. to attend OR the 29th Whitt, and to bring with them filch
looks, Papers, and Document., as were marked againft their re-
fpcdtive names.
On demotion of Lord WALSINGHAM, a Melrageoras or.
dered to be fent to the Houle of Commons, containing a compfi-
ance with the shove requeft.
Lord WALSINGHAM Oro moved, that Mr. Wyatt &told at'
tend the Houle on Monday, to itatit'what propels had been mask
In the preparations foi the Trial of Leers Vitemord Melville,
and when the Stung up of the Court was likely to be finillueL—
Ordered.
It was likewife ordered, on the motion of Lord WALSING,
HAM, that thej.orel Chancellor Mould fend letters to the Pars
of the Blood Royal, and the other Lords, informing tbcm of the
day filed for the trW of Lord Viicount Mely.lie, and recalling
their attendance.—Adjourned :di Monday.
,
HOUSE OF COMMONS.
On the motion of Sir JOHN NEWPORT; a new wrt was or-
dered
for the donjon of a Member for the county of IVicklow, 1
in the room of the Right Hon. George Ponfonby, who bad ac-
cepted the office of Lord Chance:tor of Ireland.
Mr. John Too, front the Office of Chief Se cretary.in Ireland, pre-
rented an Account of all rum. of Money ailed from the Fechequer
its Ireland, purfuant to aided:es of the Route, and not made good
by Parliament. Laid cn the Table.
On the motion of Mr. GILES, it was ordered that a Mettle be
fent to the Lords, containing the names of the witaffes to be ex-
amined on the trial of Lord Melville, and defiling that the Lorna
would iffue fummonfes of attendance to rub witnettes on the 29th
of April.
Sir W. CURTIS prefeoted a petition from the Ship Owner. of
the Port of London, engaged in the African and Colonial Trade,
aphaft the Bill now pending for preventing the Importation of
Slaves Into the Colonies of Horde States.
On the motion of Mr. FOX, a new Writ was ordered for the
County of Galway, in the room of Denis Bowes Daly, Efq. who
. . Sas accepted the ad of Jolla Mutter Matter General of the
Fords in Ireland. •
On floe motion of Sir JOHN NEWPOR r, the lrilb Bank Note
Duty Bill, end the frith Houfe Duty Repeal Hill, were read a fo.
tend time, and ordered to a Committee of the whole Houle. on
Monday next.
Mr. GOULDING gave no t:ce, that on Monday next be would
move for certain India Papers.
On the motion of Mr. VA NSITTART, the Apprainment Du-
ey Bill was read • (ceond time, and ordered to a Committee of
the whole Houfe on !Woodsy.
Mr. N'ANSITTART moved, that the Houfe at its riling do ad-
journ to Monday. Agreed.
On the motion of Mr. VANSITTART, the order of the day
for the Houfe refolvirtg 'dolt Into a Committee on the Property
Bit on Monday was Offeharged, and the BM was ordered to ife
recommitted on Wednefday.
The SECRE GARY at WAR moved for an Account of all men
Salted on the Bettina Eftabliflament, including Regular% Militia.
and rentable., fur limited fervice, between, the years 1774 and
allio, flatting the minder rolled In each year.--Ordeted.
The paper was then brought up by the SECRETARY at WAR,
and ord. red to be printed.
On the motion of Mr HA.V/THORNE, an Aecotint was or.
dervA to be preterite,' of the number of effeetive men In tureign
and provincial corps, daring the years tBo3. Igoe, sod a Not.
Mr. ALEXANDER brought up the repeat of the Committee
of Supply on the I .orgltode, and the retaliation was agreed to.
Mr. ALEXANDER alto brought up the Report on the Wit.
netts Evidence Declaratory Bill, and on the Three Milian. Ex.
coquet. Bills bill, which were agreed to, and the Bills were or-
dered to he road a toted none on Monde!.
On the maim, of Mr. VANSITTA KT, the Houle lefolved it.
Rif into a Committee on the Tea Duty Lill, when revere! an.end•
meats were agreed to, and the Report to be received On Monday.
The Committer of the whole Houle on the Tobacco Duty Bill
wax ponponed till.Tuefday..
II /MITI CIIPAINAL PACC/IDINGI.
Mr. Serjeant DES C rote, agreeably to notice. to move for leave
to bring in a 8.11, for preventing all Interlocutory or .:,/..rt, pro. ;
aedinp in criminal matters, from being publithed ii the nee-
rpm No man, ha declared, had a greater difpofitivn to forret
the liberty of the pref. than be had-enore could more all wmfly
with that that lib, ity flonuld be extended to he orn.oft prafuteie
limits. No man, however, who was i trirmi to the pick, no ra
clonal and liberal ptiociph.. but would with to fee it kept wirhio
bras fair and fad/factory boated.. It was well known that out a
cafe occurred In which the evkleoec, tuppaling it to be even of the
malt uniatlsfadlore and doubtful nature, diet not find Its way into
• toe newtpapers, thereby prejudging the public mind, and there
was too good raafon us fuppofe, often even that of the Jur% Who,
it was to be feared, could not always dire(' themfelvea 14 the pm--
Judea.. they lad imbibed in confcquence adore partial aatenienta.
The granite alluded to wan adnowlodged by molt of his Ural/ a
sr the bar to be improper and illegal ; end, In evidence that it
van ,Keened to be iamb, two Editors of Papers In the County of
Suffix bad la::iy beat fubjeded tole martils itopenblement for

7 ---
,iziataly
a loan alma. it might be aka. why, in fuel eireunannent,
bring IS gal am? Hie lawn pae-•aceaufe the law wms rot
Maven. " It Wile. Ble'niitiortune to be CelinGli in
two lONS eauplaksbedadsoature had bees meek to sod
Wu; by cafe otOsheoll Wilma, and the mew noon
leas Ate.; Is Web atlas ado It was funatted toast, in
me& moll be preaseed for the injury end* made
dill MO &pried to Moue. His anfwer was, as It World'
be in avy other cafe of the kind—lt was tamable
inj ale& could be procured without increang the odium
and fufpl which formerly csißed gala them.--The Attorney
General, Wile cafe now Rood, could not properly complain, the
law on this pant not hang falcieutly espikit. Neither be, uor
*be party likely to become the adult of this fufpkion, being in a
'equity to cOOl plain, die qiu film was. who mutt ? .The Learned
lingeat's bbjeat was to give a penahy of 100 t to any patio who
salad profecute in Inch • cafe; and as be knew the public to be 1
1 fo &firma bt hearing natemente of this kind, end proprietors of
I newfpapers inclined to Rand at no crance or trouble which could
I gratity the public darlofity, hepropoled conferring a power of pu •
*lb* a violatL,n of the Mt by imprifonment. Not only wen
isposeeinge before,MagiArates, in cafes of felony, Irnpropee Gib-
*de prematurely to meet the public eye, but there Jewell° cafe.
which occurred in the Courts In Weftminfter Hall, to which It
one his meaning that the prefent Bill Mould extend, and which he
poseelved to be equally improper as .ex twee Ratementk Tbek
were motions for criminal informations. Such applications pro. i
needed merely on affidavits on one fide; and the fads, as wen- 1
ing on the face of them, very frequently ea yenned:lg to trill,
turned out quite otherwife. It was, in fuels teem highly Ingo-
per that the °Vervain**, the Judges on thole expose and Ids-
cicala ftatanents, theidi be matey pews called on, probably,
afterward*, to deckle es the maim of the cafe, and who thereby
ran every dibet hub, their indultam& on the fubjed perverted.
Hier M. 161,4* lost it minis the publiThing in newfpnere.
, not ohly et allor4ftioathders ldaglftrates, but criminal Mier-
main* Ow* flar io Wellaisiter Hall, thereby prevailing the
aIiaRIRS dabs ail patty Mao meeting the public eye Oil the safe
, Ihnoliii flirty tow before aka* sod Ji±rt He "me=
*Ad bgeonolog far Iwo to lirittiOatan to pima '
At *la Notorpopera se at totem sod loterbanorp Cabalist Prot
111Pbele•
• Tina cooties was Seconded by Mr. D. ERSKINE, (fon of the
Lewd Cancan), end leave was gins aeconliugly.
INDIA ..
Mr, PAULL then Gad, that before be proceeded to tat mention
of which le hadgiveo notice, be thought It sonffsery macquaint
the Houfe, that *pas for which be ad moved, sod which bad
been ordered by Houk ten months ago, had am yet been pro-
duced. He thee ere moved. that Returns of the Pvervordered
on the nth and i of March, aor, be forthwith laid before the
Houle.
1 Mr. H. ADDI OTON obferved, that the papers ordered.were
1 of fah a us nature, that it was not poilible to lay that
fpeedUy before Houle. No defigned delay, however, had Gas
Critpastas'Was on the fubjedt had been fent to the Ilia
and so blase could attach either to the India Heide or the
Board of Contrast
After tome further cementation on the (Aka, in which Mr.
PAULL, Mr. ADM II GTON, aad Mr. Gamer ,toek a part, the Be.
turas were rebore!.
A May from the Lore iiiiamatti the Houfe, that their Lord-
illiPs _bite_ Oats voinkfaeolliamosiog Witneffes on the trial at
Lord mom. amen llft *Mb eke of the Commons, and that
they had hyoid to eroogf UMW Low Bill without any
ameadien* .
.. ~ .
_ _ _ _ . .

—Mr. ARTHUR WELLESLEY rote, to fay that he was not in
the Hoek, when SD Han. Gentleman bad given notice for Teel-
day, or certain charges wink the Marquis Wrikfley. He tbeuld,
therefore, new feel obliged told's. amid he fate the fpeeilic ea.
tumor the charges he Makin to bringlotward. •
Mr. PAULL replied, that be &could then lay the Inundation for
a chills of profuk expenditure of the public money, and of the
improper application of it to the purpofea of perfonsi fpkodour.
The HOl3. Gentleman was then pi oceediug to thew, that loch
charges might be laid, before any proof had been adduced on the
folded of them, and quoting from a fpecch of Mr. Burke, in the
cafe of Mt. tialtingu, when he was called to order by
Cord TEMPLE, who appealed to the Houk, whether any
printed mount of debates in that Houk could be read by any
Gentleman as part of his frech t
Mr. PAULL then rote for /he purpofe of moving
for certain Papers, refpeaing the Nabob of Ferruc•
kalOad. With this Prince Lord Cornwallis, on his
arrival in India, had concluded a Treaty, by which
it was Ilipulated, that he lhould ditband the whole
of his own troops, and receive into pay Britilh troop.,
for the protection of his country. This Treaty was
guaranteed by the Ealt India Company. In fBo3
Mr. H. Wellefley was fent by the Marquis of Weller.
fey to r.erciate a new Treaty, and one of his initruc-
lions was. to demand an annual tribute from the Ra-
jah. This would form the ground of one charge
againa the Marquis Wellefley. He then.proceeded
to thew, that he was not the nnly acenfer of Lord
Wellefley. An Honourable Gentleman M f r. - ~. T. .RAN-
crs), in a fpeech publiffied by hitnfelf, and to which
his name was affixed, had charged the Noble Lord as
being the aggreffor in the Mahratta war. He then
moved, that the following Papers be laid before the
Houfe— .
Copy of a Treaty entered into between the Marqub Corn-
wallis and Axoph UI Doltish, Rajah of Ferret:lmbed.
" Copy of initrudions given to Mr H. Wadley. an his mill.
Bon to the Rajah, by the Marquis Wslialley. and an account of
what had been done in the eourfe of that million."
Mr. ADDINGTON laid, that the Honourable
Gentleman might have Paved himfelf much trouble,'
and the Hunk a good deal of time, had be merely
moved for the papers in qiiellion, without entering
into fuels a long preliminary &twit un die fubjeft.—
He had not the flighted with to oppnfe the produc-
tion of the papers ; neither Ihould he fay one word on
the fubjea of the charges that had been advanced.—
He fhould only requed the Houle to keep themfclves
free from every bias that might be produced by what
had been laid, and to facrifice loose time in invelli-
gating the documents now moved for.
Mr. W. KEENE thought, that in the manage-
meat of an immrnfe empire like India, it was poffi-
ble ihat a Governor General might, for the falvation
of the country, be obliged, in tome intlance or zoo.
doer. to violate the Aria letter of the law,. and yet
deferve the thanks of the country. He had himfelf
been thirty-eight years a Member of Parliament, and
had heard almoft every thing that had been laid in
that Monti upon the affairs of India, and hed'read il
all the documents that had been printed, and he
thooght that no Member was qualified to vote a ten-
fore on the Governor General for any particular;
tranfattion, without having fiudied very much in de-
tail the whole fyllem of the India Adminillration,
and the various Treaties which were coninided with
the native powers, and alto the manner in wh:ch
thole treaties were obferved by the native powers.
Mr. FRANCIS felt hire elf particularly and per-
fonally called upon to trefpals for a (port time on the
attention of the Houfe. He had been a Member of
Parliament in 1784, and in that capacity had oppofed
to the utmoß of his power, the bill introduced by Mr.
Dimtlas for the Government of India. He thought
it was etch ahiurd and iniqUitous, that the Govern-
ment of that great empire thould be in.the erfk place
• nominally given to t%enty•ltiiir Direams, and then,
that of thefe twenty :cur, a felat Committee of three
thould be appointed, for ma.,aging all the confiden-
tial concerns of the Company, and yet that neither.
' the twenty four nor the three thould, infaft, have any
real authority at all, but that another poeier thonki
controol their proceedings in every thing. When
theft unfortunate Gentlemen (a latish) had made
op their dirpatches, the; were often obliged to alter

` them htother perfons. In flartpit appeared to hint
that front this bill of Mr. Dundee. sod ilea fattens of ,
Goeermactst introduced in confeguepes of it, one
might well date the ruin of India:- There pear Cat-
tlemen fa latish) were abfolutely obliged to give un-,
der their fignatures, that which, hi their heart and
their judgment, they abhorred. As to the fpeech
which he had delivered in that hulk on-the sth of '
April, 005, he thU adhered to every thing which
had then fallen from him. Had be been afraid to do
his duty, had he chofen to (brink from the perfor-
mance of every proinife he bad held oat, he would
have followed the example of the. Treafurer of the
Navy, ( Mr. Sheridan) and abfented himfelf limn the
difcuflion. That Gentleman bad been pledged by
repeated promifes to this particular bufinef., and Cu
far from originating it, he chofe to abfeat himfelf nn
the prefent occafion. (A lomf coy of Order I Order I)
The SPEAKER informed the Hon. Gentleman,
that it was perfealy irregulerto make fuch an attack
on any Member in his abfence.
• Mr. FRANCIS continued, and faid, he was Cure
that the opinion of the Hon. Member was perfectly
unaltered on the fubjea. As to the lion. Gentleman
who brought forward the prefent motion (Ms. Paull)'
he muff tell him, that if he preferred his howlsr mid,
his duty to every other confideration„ he pigibt
proceed in what he conceived to be right, Numb
he was ahnoll fore of meeting no other reinwillbao
dereliaion and defertion. As for &ratios, ladwid,
the term would nos properly apply, u he had nem
met with any encouregement, but be might be
pered to fuffer in the opinions and affeMoas of
friends. As to his own fpeech upon the
war, it had met the molt decided approbation of
Right Hon. Friend (Mr. Fox) who had declared it a
.be altogether unanfwerable. If it were then alkali
him, why he did not proceed in the charges he thin
made, and why he did not impeach Lord Wellefler ?
he mutt anfwer, that he never intended to proceed.
or to bring forward any impeachment. He had d=
ready fufficient experience of impeachment in ihe
one he had been engaged in, and was not in fufficieet
health to undertake another. At the fame time, lie
thought the charges which he bad made whiff Lay!'
Wellefley for bringing on the Mahratta War were of
fufficient moment to warrant an impeachment; al-
though he felt a perfonal averfion to being any more
concerned in impeachment, he untold not fay, bit
that if a cafe of- trankendant enormity were ever'
made out, he might change his opinion.
Mr. FOX faidohat as to the fufpicions expreffed
by the Hon. Gentleman behind him (Mr. Paull), he
thought it enough to fay, that they were entirely
without foundation, and as to what had fallen &inn
his Hon. Friend (Mr. Francis), he was ready to
peat as often as he witted him, that he did entirely
approve of the (peach delivered by him on the
Ma-
hrattta War, but whether he had called it " unan.
fwerable" or not, was more than he could take upon
himfelf to recoiled. He had, for one, difapproved
of the Mahratta War, but he mull always abjure the
principle, that it was neceffary to impeach a Gover-
nor-General, whenever his condo& was difapproved
of. When a bad fyftem of Government was com-
plained of, the &tett remedy was to remove the
caufe of thole complaints. and adopt another fyftem
fur the future. He neither thought it neceffary nor
advifeable to bring impeachments for every ea of a
Governor-General- which he difapproved of, and he
could ark his Honourable Friend, whether be really
was convinced that impeachment was always the
moll judicious mode > It was his opinion that they
[braid generally be avoided, wilds when the cafe
was of fuch a nature as to make it dilhonourible to
i
the Houle and to the country not to proceed in that
manner. From the experience he had on a former
occafion, he would confider the impeachment of a I
Governor General of India for the general admini-
firation of the government as a proceeding in which
impunity was certain, and which could therefore]
produce no good effe&, except to thofe who were
catching at populatity. Ever fume the impeach-
ment of Mr. Hafting', he had always declared both in
that Houk, and to his friends when out of the Houle,
that he was rude to any mere impeachments of that
nature. There might be a particular fad for which
a Governor General ought to be impeached, but as
to the general adminiltration of his government, he
did not a ith to fee it made the ground of impeach.
ment. The Honourable Gentleman might therefore
apply what terms he pleated to his condo& ; he
might fay that he flirtink from his duty, or that he
fled from it, or any other harther term he pleafed to
adopt. It might be infinuated, that it was the change
of his fituation that produced a change in his conduit,
but he thould declare that in the prefent inftance,
the only change it produced was this that if he had
not been in his prefent fituation, he ilsould not have
attended at any of thole difcuffions; but being in
his prefent lituation, he felt himfelf by duty obliged
to attend daily to the butinefs of the Houle, and
it might be jullly complained of if he were to ab.
Cent himfelf on any impel tant difcutGon. If he were
in his former fituation, he thould not have delivered
any opiuion upon the fubjea ; but as he now found
'that the charge was to come on upon Tu:fday, he
fitould by that day confider -the fubjea, and epdea-
your to make himfelf matter of it. He thought it
a little extraordinary, that any Gentleman fhould ap-
pear to cxpett him, or thofe who aced with him in
office, to volunteer their opinions upon a queftion
before it was regularly fubmitted to the Houle. It
would be highly improper for them fo to do.• In a
charge which was to found a criminal proceeding, or
an impeachment, no honelt man would with to ufe
any other influence than what the weight of his argu
menta could naturally produce. If then, before the
queftion was regularly before the Houle, he were to
pronounce fuch an opinion as fume Gentlemen ap-
peared to with, it might well be complained of, and
would be like founding a trumpet,' to collect thole
who would not otherwife attend, and to produce an
improper influence on their minds. He (lieu efore
would not be drawn into any fuch declaration ; but
when the fuhjea &odd come before the. Houle, he
would then be prepared to give his opinion upon it.
Mr. FRANCIS and Mr. FOX mutually explained.

Mr. PAULL fields it was his intention to Loy the
thrge on the table on the day he had rnewtnned, and
to move Tome future day for its beWg Liken into
conlideration.
Mr. ADDINGTON sliced the H •n. Coitleman,

did he mean to move additioaal P.tpers to lapport
eharr,e
Mr. PAULL (aid, the eourfe prcppfid was, to

iii.
. ,
lay one charge en the table on Turfiliy, and two
more in the condi of the week. Ile should then
*ore for a day to be appointed, and he molt then
ek epare to prove the charges by evidence.
•Mr. GRANT could by no means agree with the
oMervations of an Honourable Member (Mr. Fran-
cis) about the fituation of the Court of l'Areiffors.--
la the stftsal cootie of affairs, they were 'die alive.
and efficient body, and not fo completely febardinate
as had been reprefented.. Whatever might be his
opinion of irapeaehnnints lb general, on &me °eel-
fions the chart eber. of thettatiOn Slialltel tequila*
that fublirunial Jake IlsonldcAme Wist or e..r lin
obtained. • .
Mr. JOHNSTONE dillittrited with the HON. Di.
reetairawbo4polto4aB, as it appeared, ithu= ring Lit
great occafion. the opinion of the Co
had been7eolitpletely overruled. He thentdinienae
the Mabratta wonsvicTveaty. with Onelef.and the
Treaty with the .1611P/OR Thia mare the andk ins.
portent traafailionnobials bed recently takes place
na India, and urarailealedif ogaist the opinion of
the Court of Disarm • •
'; lb. W. INUTFLOW/4 that to his kad*isdp the
o,Trsaltwit of the Not, who bad bees Moiled to
41 the rifest debate/ had Antelided Jo cetgriO the
Hoofs, and take pert in ;be amain, but' wall-
voted by indifpoTnion. • " .'- • ''
Mr. Paull's motions were this pat iatietizied:
, . . • ewe Taos.
_.
TMATTOSOIIaswat Wash/ if SO*
' ler ac'fiiied reeks, Of the Ilff MLA Istkdoes4. -
' A Soot esneorkeko dos kik plese benintb iiimillt ilisral
MAUSTON, wberather talked to Yet bhihNlNlllken s
polo Amp a/ Eke NIL : ,: -, :
__...
Mr. FOX dos pospareS. Ike the Ell 18.11161Walslos
Mosaloy. maim the Itionft Moll is re
Ttie isealikes telldest
114 been mama gala! Ike NIL lie Os
Madmen. Weft tele wookhutoppek Pk *WI
Caeasdttse
General T.A=bl aproki bkieK Ihriiiht: • •
General OASOOSONS 660. ihst be wilbedts ' ' bland:
mews et kook mom this .11.1mbhhh• 481.01 la II
wie=
leskt from Milk who Memiegml k, sod who
*batik* of Ike Sam Toed& Ho Irk 10.61.11,011116
'Amber, tf k was E..: tho Ftakssks Wail higusalllNlS
Tod* tobelemed dusk Conga I '
'ca___
Sir MX ISA. br Me the bandit
day or so Todd...
str WILL-tild YOUNG kid,. dot ha kaoh.4 .
1444
Weds, of very refpedeble hieskesee sod Wok ' , ,
son, m. which Mis NU woo pkorplygiormod et' Itunekbe
meadow/ as a boos to dm Wok MOM Re UM NlllMaire•
trel:fii:
elk li of a catesbis eftate,ba use of thexitweit=
Wm •Phiviliggfellaatit ingrbtrbesetteelli Not phi Mk
'won eglikoaen, sod Mani do isle Wed •
red 11.10.41Ralliegiaili:wostirsattasserd wave at tbeisme,
trY• ThaioddiStaidet is, . O =
h espglitre
appears* esbearstides tkvikrisi
• Omni OASCOWDIX eahlikreiditiVii Wei ile d.
Wrell= thr"le llof telig=able to Myths.
abcallark Time *4 to it ba *slit'
wee jbwnfere an . assort to the prelim reirssi.
tiichaihni every eosin lase.
.. • Qs CUILTIS fekl, dot be inkiest Poi ',Wm
, SOS* 11/1, busies h. wFs 040 selihr •Wrshot br auer
F, gay sillpeasb's me shwas. fame of whim bed emberhad wet
-idenare piaperer am the trade to Dessremend the etbor eke.
' l
.4Vio- A klkeessakdos then took place, .d it Wes* V apes{
iia
the! dole book be committed en bkiday.irma Ile
'•
Maim, . .. . . .
TIM EVENING 117.11 t.
.1141malipm•
LONDON.
, . SATURDAY, APRIL zo.
PRICE OF STOCKS VIM DAY ATONE O'CLOCIEs
i' . Cookie, for money, tinrirstkriOssobaat 3..
..mik
PRICE OF DAY.
Ikea solli ally hike loodepar laps
ka. Ct. Red Ann. S 9 bakelkok dot ter
3 per Cu*. C. 643 Plaeb. Illestpr sts seri
4 Ter c'elL,.. ?If Omits 13)010. *
per vent. Navy 93 3alf toreilikettAzipa
Len Am. ark 3.16 Cask kr ose,.
Report Rates, that a Paris paper of the 7th intent,
which we have not fees, contains the fobilance of a
Meffsge from NiroLsos to the Legiflative Body.
announcing that be bad made Come overtures to • the
Brttiih Government, to open a negociazion for pate
on the balls of the treaty of Amiens, which had beat
rejeaed. I
We have not been able to afcertain what degree of ,t
credit is due to this report. But whatever may be abn
ohjeas which the two Governments had in view by
the late interchange of Flags of Truce, we can safest'
theft have not ceafed to pafs betireen them. No late
than yelierday morning, at fix o'clock, the Cow.
saraav praam fell in with
A FLAG OF TRUCE .
from Calais, bound to the Downs, with dWpatcbm.
which were taken charge of by the COMBATANT, and
L Coon after delivered to Admiral HOLLOwAY, who
immediately forwarded them to London. The nature
of their contents has not tranfpired.

The WALSINCIHAM packet with a mail from 'Ar-
bon, which place (he left on the 6th inn. is arrived
at Falmouth ; the letters will be delivered on Mon-
day. The PRINCESS ELIZAISTM packet, arrived at
Litton on the ad, and the PRINCR Or WARNS packet
oh te 4th inft. from Falmouth, with mails.
The fleet of Ruffian, Swedifh, and Britiih veffels
which failed from the Nore on Thurfday, under con-
voy of the BONETTA BOIT of war, for the Baltic,
confined of about 160 fail, only fix of which prot
ceeded under the Briti(h flag.
Another fleet is to proceed on', the sad inn. from
the Nom, and a notification to that effeit was yel.
terday communicated to the merchants trading to
Ruffia, in the following terms, viz.
" The Governor of the Ruff t, Company Ma ken Larj
Howict, and has to acquaint the trade, that the Chips which will
depart with convoy from the Nore on the sad inR will haves con-
voy to the mouth of the Guiph of Finland ; and alto another cony
vuy will go to Riga, each to wait eight days, and then return."
" Merchants Seamans Office, April tt, d 06."

The Royal College of Sorgenni on Wednefday laR
adjudged the Jackfonian Prize• for tBos to Jon
Hyrtar, Efq. Fencharch Ureet, for the belt Differta-
don on 4, In'lncies of the Headfrom External Violence."

Niterle,lL mrztLieikwcf.
•

PINtAIICT, APRIL 15.—Yellerday the Heim:min
hired fhip failed on a cruize : and the under men-
tioned velfela put in here wind bound :
Ybe Heads, of Fowey ; the Union sod the Friends, of Ply-
mouth ; the Neptune, of Chldiefter; the Role, of Southampton ;
the Braden. of Poole; the Love and Unity, of Dartmouth ; the
Mermaid, of Newhaven; the Ely,of Loot ; the Peggy and BetkY,
of frowcy; the Liberty, of Bangor ; the Queen, of Chlcadter :
AI& the Diana privateer. of Weymouth, from a cruise, taken
frothing; the ReeordieftLynes t the Mines Royal, of Logsdon ;
• the Adventure. of • the Alfred, dß:Mord: the Fox, of
Le t the Vital, flannosth; the Abeam. of Cbvetly t the
Signet, of Bangor ; the Adventure of &My ; the Happy Return.
of Arundel; the Prlendalp, of Bridgewater; and the Union, of
Plymouth.
- The Anna Sophia, of. Papenburg, Capt. TUPPittl
from Rotterdam with RAZ and lissen,is put under qua-
tontine, for want of declaration to prove the produce
and mannfaiture. Wind blowing firong at N. E. fe-
veral veirels working in, bin names unknown.
Arut 16...--This morning the whole of the vefele
mentioned in my lail, failed for their refpeaive
ports of deftination, with the wind at N. and very
moderate. Arrived the Norway brig the Profperity
of and from Arrundall, Captain Natsom, with tins-
tier and deals, for this port.

• 'PALMIST'S, Anus. rd.—Arrived his Majeßy's
aftfOrnavraa, from a cruize; Thomas, LOBRITT,
riga Londoo 1 and Rendre. Mounties', from Li•
irelisol.—His Sliajeßy's fhip ' Pzovva, Captain
Ilatueocz; with a convoy for Plymouth and Lon
.. deft r Mr MeV" frigate LATINIR •s • ..—;--m-2 (Qt '
Pi s jury Wafts; Brawroos gun brie
Nousaar, for Plymouth, and Elio}, "
knows', for London, with fevered verde in coin:
rimy, paged this port io-day. The Arenas', with
the convoy for . Newfoundland and America' were
joined from this port by the Caledonian, Bean,
for America.—Wind N.E.
Pzywoirrm Aram 57.—Came in the Dud& bark
Elizabeth Catherina, Captain Toast Ant, from
• Barcelona, for Hamburgh. laden with brandy, de•
twined by the Lion privateer; Dantzick galliot Am.
phitrite, Captain H. CLeAN, from Brillol, bound to
Daenzick, laden with fugar and bricks, detained by
the Beefy privateer; his Majelly's (hip LAVINIA, of
Vigor's, from Milford, at which port (he was built
. a--ffie was accompanied by the Novel, of 18 guns;
ltumarantura Spanifh logger, laden with iron and
a, captured by the COLPOTS, of 54 guns; (loop
lintel from Modal; returning from carrying over
`- - ire! Vi LLLLL ovs and others.—Sailed the Eleo.
Captain Rosin ; and Roftock Catherine, Capt.
F
.... , Res, for Bergen.—Came in the Proffian galliot
' nom, Captain Jonson, from Lifbon for Altona,
Imam with fait and hides, detained by the Nice cut.
tier; Lion privateer, from a cruise t Sfunilb brig
.Dragon, from Bilboa, bound to Veracruz. laden
.with iron and Reel, taken off the Canary Ifles, by a
Apadron under the command of Admiral Sir J. B.
him—the was difinafted previous to capture;
• . -Pizazz, of ten guns, from a cruize ; Hamburgh (hip
• Johanna Elizabeth, BIIIIIIR, from Charleßovrn,
bead to Ha:amok-laden with fogar, detained by
4.le'll•rawico gun brig. Sailed the Danille tilelp
Kagdalina Frederica, DAMLos, for Denmark y ••ilnd
. • ovidentia, Tweeze:l4 for Dram.—Wind N.Zeto
PORTSMOUTH, APRIL 111.--The Foawaao gwa
brig has detained, and fent into this port, the Juifrow
tredriac galliot, from Bourdeanz hound
ed to Ham.
burgh with wine : the Fawna cutter hat alfo de.
tained Zemnsoph brig, from St. Martin's, bound to
Hamburgh, laden with fait; and the HARDY gdn-
brig, Gertrude galliot. from Caen, bound to Hain.-
burgh, laden with feed, &c. ; and the brig Sifters,
Captain HANKINS. Sailed the Msacuav and Ja.
NAM% frigates; I'EsPOUt floep of war; Tommie?
and STRADT gun brigs ; and the ANT khooner, on
a croize. Arrived the Aid, Selina, Pitt, und New
Cornwall tranfports from Cork ; the Young Charles,
Fiarcnaa, from Liverpool, for Hamburgh, detained
by the AS/11.0PB cutter.
DIAL, APRIL ,S.—Arrived the PAULINA (loop of
war from Portfmouth, and failed for Yarmouth
the flysarc frigate ; alto the Moaasr gun brig for
the French coati. Arrived the DIVASTATION bomb
from Portfmouth with a convoy, which are failed for
the River. This morning, aboio fix o'clock, the
Combatant praam fell in with a Flag of Truce from
Calais for the Downs.
Sx ttttt ss, Artie 18.—The Proffien fated Die
Vrow Maria, Jac H. Doris matter, with oats. from
Lier to London; the brig Zeeluit. P. MICHILIS,
with fugar, coffde, &c. from London to Hamburgh ;
the brig Albeßina Marianna, JOHN MOHAYT, with
coffee, fugal-, turn, fee. from London, buuod to
iDantzic ; the Jonge Alida Catharina, P. V. Fouls.
with coffee, fugar. cotton, &c. from London, bound
to Embden; the fmack Triune, J. C. OUWCHARD, in,
ballet, from Hull to London; the Unie, H. Wait-
stem in ballaft, from Haerlem to Harwich ; the
Gode Will, Cziti a err, from London for Embden,
in ballalt s and the julfrow Catharine, C. E. MTN,
from Lier, with oats, for London, are all !topped,
and fent into this harbour. Arrived the Enighdent
Psrrzasoa, from Udewella, in ballet; and the
Swan, GALBRAITH, from Hardenden, in Norway, in,
ballot! ; alto the brig Backhoufe, coal laden, from
'Shields, for London, having been on (bore, and
brought in by five Colchefler fmacks ; but the is fof-
ficiendy repaired to proceed to London this day with
). her cargo. Another convoy for the Baltic is en:idled
to depart about the 22d inft. but the (hips for Pt uffian
ports (of which there were a great number) have
',softly cancelled their charters, and are proceeding
to Ruffian ports, or to the North, for coals. There
are feveral (hips here bound to Hamburgh, Tonnin•
gen, &c. but they cannot at prefent proceed to thole
places. This day the officers and workmen of the
dock yard were paid their falaries and wages to the
3th December lall Wind N. W. light air.
• YARMOUTH, A PRIL ,B.—This morning arrived
the laws MAO of war, to join the North Sea Fleet.—
Sailed the Snipe, for Riga, with paffengers ; and the
Cenfor gun-brig, on a cruize.—Paffed through Oleic
Roads, a fleet of outward,bound Greenland (hips.—
Remain in the Roads :—Rotauca, Admiral Douo-
LAS ; Lino, and Ricutus men a war; and one
• tender and a cutter.—Wind S. E.
rßom LLOYD's LIST.
GII AVlStlin. Aram tB.—Nitta by the I nOuriry, Fertility,
Irmo l'oppcgiburg —S..ileil the VicilStude, Cummings, fur Ja.
1 eisie, ; l'i trident. Lyi.ch, (or Tcneritte ; Jane. Davi, for M-
r .Itari Melon Cock, Boon, fo r SW11121'11; Benjanila Franklin,
Weeks, for Seracrisour , FricuJihip,itailcrfoni and the Trestle,
Liao, for Sn.yrn..

-

OLD BellLEn

Yeherday eleven prifoiers were tried, three of
whom were capitally convict-d, viz.
W. Took, and W. Bevan. for a burglary in the
dwelling houfe of G. Wilcox, and Reeling a quantity
of boot legs. his property, and J. Stranger, for fleet-
ing two heifers, the property of W. Clark.
Hugh Mack, a ferjeant in the 38th regiment, was
indicted for the wilful murder of T.Kirby, a deferter,
on the 23d of March, at Barnet, io the county of
Hens, by finking him on the head with the fled end
and croffpike of his pike, giving him a wound of the
breadth of half an inch, and of the depth of two
inches. which penetrated his brain, of which wound
he languifhed, and on the 27th of the fame month,
he died, in the parifb of Sr. Clement Danes, in the
ebunty of Middlefex; the Prifoner flood charged on
the Coroner's Inquett with the wilful murder of the
deceafed in the county of Middlefex, where he died.
Mr. Gurney detailed the fads to the Jury. He was
aware that it was neceffary fometimes to enforce au-
thority for the porpofe of maintaining difcipline, but
if he was enabled to prove the fads, he did not fee
how the Jury could find any other verdict than that
of murder—He then called
Thomas Lee—" I am a private of the 4th Regi-
ment; on Sunday the 23d of March I was at Barnet,
together with fifteen or lixteen other parlous under a
I charge of defertion ; we were all handcuffed two
Nfisd tyro as we came through Barnet, our hands were
tied with a rope, and the handcuff (reared to the
ope; '*e were under efcort of an Officer, fetjeant.
fewest foldiers, armed; when we came to the
d Lion, at Barnet, the del halted; there
beets no orders given them to halt ; they halted
without order ; the officer came op, and aced who
`had halted the men ? they Paid they wanted their
pay to get fume fubfillence, for he had promifed not
to march them farther that day; he laid they &mid
and moil go to Highgate; they Paid they could not
go on without refteffirnent, for they had nothing lance
twelve o'clock the day before; that was between one
and two o'clock; the officer told them, " if they
would go to the next public houfe, he would halt
them and let them have Come refreffiment ;" they
went on until they paffed the next public houfe, and
when they law they were pall that they halted ; they
halted again without orders ; they Paid, " they could
not go, for they were not able to go on until they
had their pay, to get refrefhtnent," and the officer
laid they mutt go on to Highgate, and they con-
fented to go; hot the deceafedfaid he would not go
toHighgate withont refreffinsent, and they all Paid fo,
and the Serjeant (aid they were able to go on, and
that they would be able to go without refrefhment ;
that they mutt go ; there were Come words paired be-
tween the Serjeant and the deceafed ; the deceafed Paid
to the Serjeant he timid not be cruel to deferters; it
was not long fence he had been marched from the
Savoy as a deferter himfelf; the Serjeant damned
them all for Irith Rebels, 'and raid he wifhed he
had the pleafare of (booting them all, and then
the Serjeant came back and (truck this man, the de-
eeafed ; nothing more paffed before he buck him.—
I was within four men of him ; I heard the word
liar ufed before the blow was given; the deceafed
faid to the Serjeant, that he was marched not three
months ago from the Savoy as a deferter; the Ser.
jeant Paid he was a liar. immediately afterwards the
Serjeant Paid he witted he had the pleafure of (hoot-
ing them all ; the deceafed told the Serjeant he was
a liar, and immediately the Serjeant turned round
and (truck him, and there were all the words I
heard pats before the blow was given, the Serjeant
(truck him with the pike with both his hand,—
he (truck him on the head ; he gave him a hard
blow with the Reel end of the pike—it (truck the
fltull, and (tuck fo fail in it, that the Serjeant had
two or three pulls to get it out again ; the man
cried out he was dead : the blood flowed when the
pike was taken out ; the deceafed lay down, and beg-
ged of the officer to take off his handcuffs ; his wife
and children were in a cart behind ; the officer who
commanded the eikort, fent for a furg eon ; I did not
flay with the man, but marched off to London ; I
never law the deteafed again until he was brought
into the Savoy—l law him after his death.
Crofs-examined by Mr. Karat —He admitted that
the deferters halted twice without orders, but Witted
that the deceafed was not more obllinate than the
tell, in refuting to march, for they all halted alike ;
he did nothing more than the others; he pulled the
rope to make them halt as the others did.
John Cook, another deferter, gave evidence to the
fame died, entering more minutely into the parti-
culars of the march. He added that the deceafed,
as well as another deferter of the name of Young,
(wore they would be damned if they would march let
who would command them, until they had tome re-
freffiment. The crofs-pike of the Serjeant's pike
Ruck fo fall in the (lull of the deceafed, that it was
with difficulty he pulled it out again, and the de-
ceafed (lopped his head for the Serjeant to get out
the pike.
Thomas Webb.—l am a theemaker ; I live at Bar-
net. On Sunday the 23d of March lad, I law a
party of deferters matching through Barnet. I could
not cfillindly fee how many there were ; there was a
confiderable number more of foldiers than deferters,
and they marched dole together, with fixed bayo-
nets ; the Serjeant in front, and the officer who corn-
mend the aeon in the rear. The deferters halted
oppofire to the Red Lion, for the firtl time. Upon
their halting, I came up to them : they appeared to
be very much fatigued, and there was a general
complaint of the want of refrethment. I heard the
officer and the prifoner at the bar order them to move,
but promifed them they would flop at the lower end
of the town. They moved, I believe, too paces, till
they came to the tall public houfe in the town. the
lower Red Lion. I walked along with them. When
they came to the lower Red Lion. the deferters then
halted ; but whether they were ordered to halt or
not, I do not know ; I did not hear any order.—The
officer ordered them to move ; the prifoner at the
bar then repeated the fame ; the deferters moved on
for as much as thirty paces. or more; they then
halted without command ; I few the deceafed, for
one, rather check the tiring ; he pulled the rope back
for one, bin it appeared to be a• general complaint
I throughout the whole of them, that they could not
go en without refrefliment ; I heard the deceated fay
he could not, and would not go any further, until
he had had fume water ; Come words, which I did not
ifiltindly undertiand, pared between the detested

and the prifoner, bat they were violent ; inflantly I
faw the prifonerleave the front, and Of, towards tile
deceafed, and he !buck the deceafed with the (harp
part of the:pike on the top of his head ; I law it gals
through the hat, into the had, and It was with diffi-
culty he took it out again ; it was part of the guard
of the pike that entered—he Serjeant held it with
both his hands and-Rruck the deceafed as violently
as he could Rrike him, as he Rept from the front ; I.e
ufed violent words and Itruck him on the head.
Lord ELLENIOROUGH—CL Did he appear to you
to flrike him with great force at the time ?.—A. Yes,
my Lord, as if he was knocking down a bullock. I
then heard the deceafed exclaim, " 0, I am killed,
I ardkilled ;" when the pike was taken from the head
of the deceafed, I faw the blood !ream over his
eyes; he did not immediately fall from the blow,
becaufe he was fupported by the other deferters, who
were next him, who turned to him and kept him up;
I was there all the time. The Surgeon came there
in about a quarter of an hour, but it was fome:time
before the officer had the handcuff taken off. I law
the deeeafed put into a cart to go to London. The
driver of the cart was a perfon of the name of Saun-
ders. The deeeafed, after he was ftreck, was slicing
for fome water. No more pail that I faw or heard.
He was put into a cart in about half an hour.
Qt. Before the prifoner Itruck the deeeafid with the
Pike did the deceafed either Rrike him, or had he
made any motion towards doing it ?—A. Not in the
lean, I am perfeEtly fatisfied of that.
Croft-examined by Mr. Ku arr.—The witnefi raid
titre were three halts by the deferters, but I do note
know that every one of them was spina the order of
the officers ; the deeeafed rather checked the firing,
but that did not Rop them, for they were already
flopped ; the officer and the ferjeant required them
to go on, but they were all unwilling to go on till
they had fome refrefhment. At the time the ferjeant
Rruck, there were violent words by the ferjeant, but
I did not hear the deceafed utter a word. I cannot
believe any filch thing as the word liar was given be-
fore the Serjeant left the front ; at the time the blow
was given I was dole at the rear of the parties
did not hear the deceafed utter aay thing violent to
the ferjeant, and I was in'a cooditiou to hear but
there was a murmur through the line, and I might not
diftinely hear what pallid.
Mathew Smith—l live at Barnet. I am a baker
and headboroegh of the town. On Sunday, the 23d
of March, I law a party of deferters march through
Barnet, under the efeort of an officer, ferjeant, corpo-
ral, and privates; there might be twenty, or there-
abouts. They had their bayonets fixed, with the pri-
loner at the bar in front, and an officer dole in the
rear ; the ferjeant halted them between the upper
Red Lion and oppofite the Harrow ; I fuppofe it
might be about two yards from them. I flood at
my own door. The officer asked who halted them ?
and one of them replied it was the ferjeant ; the offi-
cer Paid 4, Go on, you mill go on farther." • They
went on till they came to the Lower Red Lion Inn t
I did not hear any thing Paid more then about flop.
ping. They halted about too paces off, oppofite to
the Red Lioo, in the road. I walked after them.—
I did not hear any word of command given for that
halt. There was a murmur that they had been
marched the day before, that they had no fulthflence
that morning, and they wanted refreibment 0-they
could not, and would not march any farther, till they
had foam. By word of command given by the °IS •
ter and the ferjeanr, they marched on a few paces
farther, and came oppofite to the flonemafon's ; they
then halted themferes ; they would not go any far-
ther, when they faw there was no other public houfe,
led they were very much diffathfied ; I did not lee
Aim of them more fir than another ; they were all
alike ; I was dole to the rear all the while behind
4e officer t the ferjeant then, after very bad words
were tiled, turned to the right, I think, and he up
with the pike and hit him. The deceafed was in
the centre : before he (truck him, I heard the words
of the ferjeant as he got the pike up," I will murder
you, you b--r ;" at the time the pike was up, I
did not hear any other words. He took the pike up
with both hands, and hit him over the head as hard
as be could hit him, and when the pike was in the
head, he made a pull at it, but he could not get it out,
and he was obliged to pulls it forwardsbefore he could
get it oat ; the guard part, I think they call it, was
In his head. The blood did not inflantly flow ;—it
was Come time before he dropped, and then the blood
sowed over the right eye ; the moment he was Itruck
be cried out—" I am killed—l am killed—l am kil
led ;" thefe were the words, and that was before he
fell; the ferjeant turned to the front, and never, in
my fight, came again to the deceafed.' The deceafed
eked for water, and a pint was brought him. I faw
them put him in the cart.
tZ Before the Serjeant Bruck him on the head
with the pike, bad the deceafed Itruck the Serjeant.
or attempted to (hike him t or, did you even fce his
hand np i—A. I faw nothing of the kind.
Crofs examined—He Paid the deferters all refilled
to go on ; there was a general refufal among them to
proceed without refreffiment ; there were words
among the deferters in general, there were none at
that time between the prifoner and the deceafed, nor
any thing while 1 was there ; immediately after they
refufed to go on, the ferjeant went to the front, and
the blow was given.
Walter Morrifon, a furgeon at Barnet, gave an ac-
count of the profellional affillauce ha gave to the
wounded man ' • the blow had fraCtured the bone and
penetrated the fkull; ire cunfidcted it a wound which
might caufe death, but he did not think that the re-
moval of the patient to London increaled the danger
of his life.
Robert Saunders, who drove the cart in which the
deceafed was brought to London, gave an account
of the manner in which he appeared, that he was
out of his fenfes, and his wife attending to him and
giving him all the comfort the could, wathing his
mouth and the like.
Peggy Kit by, the widow of the deceafed, was cal-
led in, and appeared with an infant at her breaft—
ffie gave an account alto of her attention to her hol
band in the cart, and until the hour of hi; death,
which was about five in the morning, on the Thulf
day. in the Savoy.
The Surgeon who attends the Savoy gave an ac-
t count of his examining the wound of the decocted,
' with another goofed-tonal man ; when he was brought
there they did not then think the wound mortal—the
man afterwards got better and recovered his teak*,
but became very ill on Wed/le:day night. and was

---
1 dead at five nn Thor May morning. He opened the
; head, found the brain had been penetrated an inch
deep; no doubt the wound was the caufe of his death.
oaravcr•
The fobflance of what the prifoner faid in his de-
fence Was, that the deferters. feventeen in number.
were delivered to his charge as a Serjeant at Litch-
field; that he had there an account of fey end of
them having attempted to effeft their cfcspe, and
others of them cl:clined it : that he was apprehentive
another attempt of the kind would be made, fo that
he was obliged to be rigid with them ; that the de-
ceafed ha.: been defcribed to him as a peel'. in who had
been (even or eight years in the late war, and of a
turbulent fpirit ; that he found him very refraaory,
in many inflances, fo much In as to render it need-
Cary to have him put in the cell, apart from the rest,
atone place. He was very refrattory at Northamptor,
the fame at Dunftahle, and alto at St. Alban's. That
he ill ufed the Serjeant, and frequently threatened to
take
pi way his life if he could get at him ; damned
him and the Officer too; that when he commanded
the eceafed to march he would not go ; that the
Lie errant was at one time obliged to come up to
the Ileceafed and draw his (word, and firike him
with the flat end of it before he would air ; that at
Bathet, where the accident happened, he hindered
the other deferters from guing on; he laid he would
not go on, although he could gn on as well as any
of them. He damned the Offiter and the Serjeant :
he Rept out of his way, and aimed• a blow at the
Serjeant, raying he would take the Se.jeant's life : he
lifted tap his pike to defend himfelf, and the deco sled
dyed his he-ad.-back, and the trots part of the pike
fell on the head of the detailed ; had the dereafe3
kept his rfition, it would not have touched his head
at all, and only the wooden part of it would have
fallen on his (boulder.
Thomas Wilfon, a foldier in the regiment, fup-,
ported the whole of this defence made by Serjeant
Mack ; be Gated that the deceafed was the worn
man of all the deferters, often refractory, and always
abufive ; refuted to march at command, and pulled
the others back. The Serjeant faid to the deceafed,
that he would flab him with the pike, if he would.
not move on, and not abufe him ; the deceafed faid
he would be damned if he would go any further.—
He damned the Officer and the Serjeant too, and
faid if the Serjeant came near him he would kill him
—the deeeafed Rcpt three or four yards out of the
line, and made a blow, and attempted to Like the
Serjeant, and then the Serjeant hit him with the
pike, and the deceafed drew back his head for fear
of the blow, and the top part of the pike happened
to hit his head : the witnefs really thought the Ser-
jeant meant to (hike the deceafed only with the
wooden part of the pike. There were twenty foldiers
with fixed bayonets prefent, and dole to the deferters.
Charles Gilbert, another of the foldiers, gave evi-
dence to the fame effect. -
William Price another of the foldiers of the Mort
gave evidence alto co the fame purport, and was con-
fident that, fuppofing the deceafed to have Aood his
ground, the pike would not have hit him on the
head at all, and the wood part only would have fallen
on his Moulder.
Lieutenant Wildlife of the 38th Regiment, who
had the command of this clam, gave en account of
the whole tranfadion, and fupported the whole of the
Raiment made by the prifoner in his defence : the
deferters had at fire travelled only eight miles a day.
on account of the roads being bad.; they had but
one day when at Barnet to come to town, for he was
limited to eight days, and that was the realm why
he would not let them (lay at Barnet, and be was
apprehenfive that a mob would coiled there, as the
deferters were murmuring; he therefore ordered
them forward, meaning to halt them, and give them
refreffiment at the neat public houfe to Bernet, on
this fide of it ; that the definers. many of them,
were riotous, but the deceafed was the worn of them,
Mid frequently abufeid and damned him, fo that he
was compelled to firike him with the flat part of his
(word once. Had frequently damned himfelf, and
Serjeant Mack, whom he called a deferrer ;—th
truth was that Mack had been once apprehended on
a falfe fufpicion of being a deferter when he was not
fo it : was fooliffily fufpeded that his pafs was forged,
when it was a true one. He gave Mack an excellint
character, and folemnly declared upon his oath that
he did not believe that Serjeant Mack intended to
(trite the deceafed on his head at all, nor that it
would have fallen on his head had he kept his ground.
but was the effeet of his changing his pofition when
the blow came.
Lord Ettamatiaouctit, in Cumming up the evi-
dence, faid. there was no doubt either of the fad, or
of the perfon by who% the death of Timothy Kirby
was occafimwd. He then oblerved on the different
degrees of homicide, from that which was junifiaWe,
to the lag degree of it which was murder. and took
a view of this cafe on the fubflance of the evidence
on both fides that was not unfavourable to the pri.
loner, leaving the Jury to fay, under whir head of
homicide this cafe ranged. It being, his Lordfhip
Mid, at all events a homicide. as there was no doubt
the blow was the crate of the death.

The jury retired. and remained out of Court about
half an hour. and brought in their verdift.—Guilty
of telanflaughter.

The Ducheft of Batman appears perfeBlT rem.
covered from her late indifpolitton.
The Right Hon. the Lord Spencer of Wormleigh-
ton, Marquis of BLANDFOID, has appointed ►he Rev.
VAUGHAN 'Noma', A. M. Fellow of Chriflehurch
College, Oxfcrd, and Vicar of Stoneley. Waiwicie
(hire, one of hi: Lord(hip's domellie Chaplains.
On Sunday mot ' g two Officers of the yid Re-
giment, in garrifun at Glafgow, exchanged a shot in
the Green. when one of them was wounded, but not
dangeroully, in the thigh.
The ecth Foot have embarked on board the tranf-
ports at Monkflown, near Ch,t k, for foreign fervice.
In the next fleet fir India, three ti,utand troops
trill, it is laid, be embarked at the lii.iii%rtianle for
Bengal.
The Sea Horfe tratviroq from the Cape of Good
Hope, has arrived at Cove. She had been put into
Wetlpoint, and there landed Lieutenant Dace oldie
orated, who was charged with dill:ranches trtint Sir
Davin BAIRD and Sir Home POPHAM, announcing
the furrender of Issues's army. and their being
embarked, and on their way to England, on boara
ten tranfpnrts, under the command of Captain Bur
yr &rump, of the Royal Navy.