Star.
London, England, 1807-01-29 00:00:00

POLICE.

PUBLIC OF7ICF, BOW-STRBIT.MURDERSo--0/1
Tuefday evening James Sherring was charged on
fufpicinn of the wilful murder of Timothy Mechin,
at Tomin, in the county of Limerick, in the month
of Dezember, tßos.
Wm. Kelly, of George yard, St. Giles's, faid that
he had known the prifoner from his infancy ; that he
frw him at Tomin Fair in December, t Rog, at which
time a very great riot rook place, and Timothy Me-
chin was murdered. The witnefs had been informed
that the prifoner had been concerned in the murder.
He ;Ailed the deceafed after he was wounded, and
ditcovered that he had been feverely cut with a fword.
He died the following morning.
The deceafed told him that the prifoner and five
others had been concerned in wounding him ; one of
the name of Kenan had been executed for the of-
fence, having been conviEled at the Affixes for the
county of Limerick. At the time the deceafed told
him of the perfons who had wounded him, he was
fentible he was dying, and defired him to bring a
clergyman to him, as he was Cure he could not live
longer than the next morning.
John Gorman, alias Connor, was charged yeP.er-
day with being concerned in the fame murder.
Wm. Kelly laid, he knew the prifoner very well in
Ireland ; be went by the name -of Buck Gorman,
and is cne of the men whom Mechin defcribed when
he was dying to have been concerned in murdering
him at Tomin Fair ; that he knew the prifoner bad
been indieled fur the offence, but had fled from Ire-
land after the execution of Kenan.

Mary Bentley was charged with being concerned
with Elizabeth Gudfrey in the wilful murder of Ri-
chard Prince.

It appeared from the evidence of the widow of the
deceafed, that on ChriLimas Eve a quarrel arofe in
the apartments of thefe women, where a man was
accufing them of having robbed him ; the watch
was called, and the girls were taken to the watch-
;mule, but difcharged next day, as the complainant
did not attend. Thefe women then went to the
apartment of the deceafed, loaded him with abufe for
his condo& ; and Elizabeth Godfrey ran a knife into
his cheek, near his eye—of this wound he died in a
few days. They were committed for re-examination.
Wm. Wainwright and John Matthews, two youths
about lateen years of age, were charged with cut-
ting a fquare of glafs out of the fhop window of Mr.
Warne, holier, in the Strand, about five o'clock on
Monday afternoon, and haling a quantity of flock-
ings and other articles. The charge being clearly
proved by feveral perfons who watched them, they
were committed for trial.

ACCIDENT AT COVENT GARDEN THEATRE.--TORG
day a young man named Davis, of a very humble
defcription, was brought before Mr. Ju(lice REED,
and the other Sitting Magi Orates, charged with ma -
licioufly throwing a glafs bottle from the two fhilling
gallery of Covent Garden Theatre into the pit, on
the preceding night, and dangeroufly wounding Mr.
James Shephard, a gentleman retident in Milbank-
areet, Waiminiter.

Mrs. Lethby, one of the women belonging to the
Theatre, Robert Gamefon, and R. Ghrole, all (,f
whom were in the two fhilling gallery, and fitting
near Davis, being fworn, hated, that they faw hat,
with two others, his companions, fisting in the front
feat—ail the three appeared to be intoxicated, and
were rather tinily the whole evening. Davis was
helping his companions with fame fpirituous liquor
in a (mail glafs, poured from a pint bottle which he
held in his right hand ; he fometimes relied the bot-
tle carelefsly on the top of the baluftrade that di-
vides the gallery from the other part of the houfe,
and fometimes held it out carelefly beyond the bal.
luftrade. They fuddenly miffed the bottle from his
hand, heard it fall on fomething and fmack—they
believed upon the iron which fufpends one of the
chandeliers, and immediately they heard an alarm in
the pit, and faw a gentleman there with a handker-
chief applied to his head. A Peace Officer came
up to the gallery immediately afterwards, and Davis
was pointed Out to him as the perfon who dropped
the bottle, and he was taken into cullody.
Mr. Shephard's brother Paid, that he had accom-
panied his brother to the play ; that they fat about
the firth feat from the boxes ; and that on the corn.,
mencement of the pantomime he heard fomething
crafh like the breaking of a bottle near him ; faw
his brother inflantly applying a handkerchief to the
top of his head, from which the blood gufhed in all
directions, and heard him exclaim, "I am a dead
man."

Mr. Anderfon, a furgeon, raid, he had examined
and duffed Mr. Shephard's wound, which was ex-
tremely fevere, and his fituation was fuch, at prefent,
as not to admit of his pronouncing with any certainy
as to the refult.

The plifoner Davis, who teemed a roof- fimple
Welchman, denied pofitively that he had dropped the
bottle, but laid it fell from one of his two compa-
nions, named Prendergaft.
The Magiftrate, however, remanded Davis into
cuilody, until the fate of Mr. Shephard fhould be
known.

THAMES POLICE. OFFICE.—John Augurlns, a black
man, was yeflerday brought before JOHN Hartator,
Efq. charged on the oath of Richard Dalby, John
Maxwell, and Edward Eraant, with the wilful mur.
der of one Peter Williams on board the lhip Corn
Planter, lying off Bermonclfty Parifh, on the tsth
infant. He was fully committed to the County
Gaol to take his trial at the next Affixes.

THIRTY THOUSAND POUNDS certain for the Fir ft-
drawn Ticket the next D..y of Drawing, Wednefday,
4th February.—Thcre is no inftance to he found in
the hiliory of Lotteries, of fi Rich a Wheel as the
prefent, viz. Two Prizes of 30,0001. each, zo,oool.
and Two of 5,0001. each; Fur of (,cool. arid
numerous other Capitals, &c. The undrrown Ti..kets
and Shares are on Salt at HGDGEs and Co.'s Offices,
Cornhill, Oxford.firtet, and Sc. James's_flieet.
A MOST RE:4ARKABLB CIRCUMSTANCE.--Wt a
Capital Prize drawn on the Fourth Da; : the Wheel,
therefore, is truly valuahle : it is not only This ty
Thoufand Pounds for the Firft Drawn Ticket on
Wednefday next, but there is another Thirty Thou.
fand Pounds to draw ; likewile zo,oz:ol 50001.
rood. and geol. Prizes. Ticke's and :ihdres are
felling by HORNSBY and Co. at tlysir State Lottery
Offices, z 6, Cornhill, sz, Charing Crofs, • and Et.
Margaret's Hill, Borough, warranted uudrawn.

LAW INTELLIGENCE.

COURT OF KING'S BENCH, JAN. 23.

Irelterday being the fuft day of Hilary Term, the Judges pro-
ceeded to Weßminlter hall, and opened the Court, with the ufual
formalities.

In the Court of King's Bench the acctiftomed repots of the
Convids furring on board the Hulks and in Langfton Harbour,
ware made. They were deferibed as orderly, and free Rim fick-
nefs. The Court was then occupied in receiving Juilification of
Bail, and at three o'clock the regular hand. commenced.
Mr. GARROW moved, in the cafe of the King, in the protieu-
lion of John Collins againft Bertram, that the profeeutor be made
to pay the defendant's colts. He laid the peculiar eircumftances
of the cafe juftificd the application he bad raade to the Court.—
It appeared that the defendant had given his evidence in an
Arbitration c: ufe, and that the prnfccutor, who was a party to
that cattle, hid preferred an indidinent againft hint for per-
jury. The defendant pleaded rot guilty, and when the trial
was about to be brought on at the &Mons the pruLcutor lodged
a Certiorari in the office, and moved the indidrnent into the Court
of King's Bench. The caufc was accordingly fct down fur trial
t•eforc his Lordlbip, but on the laft day but one of Cue Sittings the
pear tutor moved to put off the trial, and the Court contented to
lei it (tend over till the fubfequent day The Defendant had been
2t the taperer of bringing fitteen wittiates into Court, and to his
mortification be found on the fuht quent day •bat the proteentur
had withdrawn his record. Mr Garrow added. that there was no
doubt of the indictment having been vexatioufly brought, as the
profecutor had declared that he would, if poflible, ruin the Defen-
dant.

The Court erprelfed a doubt, whether they could makeup or-
der oldie fort moved for.

Mr. Grotr ow cited a cafc from 3d Burrows, r 304, which autho-
riCed the motion.

Lord ELLRNIOROI/Gli Paid he was at a lofs to guefa on what
ground the Crown could be called upon to pay culls, when even
on an acquittal the Crown was exempt. The cafe cited, how-
ever, was a limn ouc, and it was fit to be confidcred. Rule to
flow caufe granted.

TN! WINO IL JANIZI PICR[TT.

Sir VICAR! Cuss moved, that a criminal information mould
be filed againit James Pickett. one dilate Overfeers of the Poor
fur Penryn, in Cornwall, for grof,ly mifeonduding Ithaca( in the
-execution of his office, by Improperly admitting the names of va
rioua perform to be placed upon the face of the rate, who had no
claim to Such location, but who were merely introduced for the
porpole of prccuring the return of a Member to Parliament for
that Borough, and for refuting the fame indulgence to others, who
were inclined to vote in an oppufite direetion. By the conftitution
Of the Borough, the right of polling was veiled in the houfe•holders
paying (cot and lot, and rated to the Parini, and who had refided
the:e for a period of at lean forty days. On the sth of July kit,
the name of Mr. Vincent Martin was introduced by his &lire upon
the rate, although he was not legally entitled to that privilege, that
he might fupport the Candidate whole caufe Mr. Pickett had el-
poured. When, however, Mr. George Travifs, a gentleman of
an oppofite interett, applied for the fame purpofe, perroiffion was
rtfufcd him, without any reafon ►eing affigned.
Mr. illftiCC LAWRINCII..." But it will come to nothing at laft,
for his admiffion upon the rate will not make him a good voter."
Lord ELLEN salon st—.. It puts the oppofing Candidate before
the Houle of Commons upon proving theft: eiretunitances. You.
only move againft Pickett ?"
Sir VICAR? Only againft himony Lord. But your
Lordthip is aware, that on the face of the rate, Mr. Martin is a
legal voter."
Mr. Juftice I.x BLANC...Js Yes; until you prove the contrary.
Petbaps the other Overfeer fupported a different Candidate, and
ikewife admitted illegal voters."—Rule to Lew cattle granted.

SATURDAY, JANUARY 24.
Capt. Towers was brought up to receive judgment
for writing a certain defamatory libel to one of the Ma-
giarates of Ipfwich, contemning his authority, and
treating him with perfonal fcorn. The fags were,
that Tome of the brother officers of the defendant had
committed a breach of the peace, for which they
were taken before the profecutor, who refufed a bail
that was offered. This irritated the defendant, who
immediately wrote a letter to the MagiQrate, con-
taining epithets of the moll abufive nature ; among
others it called him an apothecary magitirate, and
refietfted upon him in various points of view. It ap
peared, however, that the defendant had nn fooner
written this libellous letter, than he repented of what
he had ddne, and therefore endeavoured to a ithdraw
it from the pat office, but without effete, the letter
bag having been fealed. Difappointed in this attempt,
he procured the interceflion of fntne of his friends
with the Magillrates at the Seffions, but the profecu-
tor was inexorable, and infiaed upon proceeding
againft, and bringing him up for judgment. He was
found guilty, and upon being fira brought up for
judgment, was committed to the King's Bench by
Lord Ellenborough, who feemed to confider the of-
fence as of a very ferious nature.
It was urged in favour of the defendant, that he
had done every thing in his power to conciliate his
profecutor, and to mark the contrition by which he
was aCtuated ; that he had already fuffered two
months imprifonment, which of itfelf w.:s a fufficient
atonement for Inch an offence.
Mr. Jullice GROSS expatiated upon the neceffity of
affording Magiarates the protettion of the Court,
whenever their authority was abufed ; pointed out
the dangerou► tendency of fuch condua, as that
of which the defendant had been guilty, and then
proceeded to pals the fentence of the Court, which
was, that the defendant thould be further imprifoned
for one month, in cullody of the Marthal and the
Marthalfea, and enter into recoguizances for his fit-
tore good behaviour.

TIII KING V. COLS, FAWKES, PUT!, MAN. AND DTNERS.

Sir V. Glees moved fora *to !Farrar:to again('
feveral of the principal Burghers, Commonalty, and
Others, of the Borough of Thetford, in Norfolk, to
know by what authority they executed their office.—
He Rated at conliderable length the conflitution of the
borough, under a charter from Queen Elizabeth, and
took ferious objeflions to their Icveral elections and
appointments. Mr. Fawkes had been tithed under
the following circumftances :—On the 14th of Jane-
ary, 18oz, the Corporation was fummoned by Mr.
Islingay, the then Mayor, to meet anti record the re.
fignatiun of one John Thendorick ; but Mr. Cole,'
the Deputy Recorder, not being able to attend on
that day, a notice was fent to Common the Corpora•
lion for the 16th inßeed of the 14th; when Mr. Min-
gay, after recoriing the retignation of Theodorick,.
laid, that as the Corporation was all prefect they
might as well proceed to fill up the vacancy ; and
Mr. Fawkes was accordingly defied. Bat his elec-
• Lion was objeted to by four of the Corporation, on
the ground that they had not notice that the meet-
ing was for the purpofe of filling up a vacancy ; it
being the ancient ufage of the Borough to give no.
Lice of the fpecific purpofe of the meeting. Mr.
Fawkes being thus made a member of the Corpora.
%ion, afterwards became Mayor, and officiated at
the election cf other Members of the Corporation,
who being defied by a Mayor himfelf not duly defi-
ed, were not legal Members of the Corporation. Ore
of the Burgeffes had been elated, as upon a vacancy
wiling by death, when his predeceffor was in fad
alive. Mr. Cole, the Deputy Recorder, was appointed
by the Duke of Grafton, the Recorder, but with this,

fpecial refervaiion, that he fitoald a& as Deputy in
all things except the choice, appointment, nomina-
tion and ele&ion of Members of the Corporation.
Sir VICAR,' Guilts contended that by this appoint.
ment, he either became only half a Deputy Record-
er, and could not Alt as Deputy Recorder, at Elec-
tions, nr his appointment was bad altogether. The
latter he thought was the better opinion. Sir Vt-
car.y having awed the objections againti each per-
fun leve-al other gentlemen at the Bar moved againil
'individual .
each lidual of the above Members of the Corpo-
ration relpedively.—Rttle granted.

JANUARY 26.-.-POWELL V POACH, AND OTHERS.
Mr. ,Gaartow moved for a rule to thew caufe why
the nonfuit Ihould not be fet alide and a mew trial
granted.
This was an affirm upon a bill of exchange drawn
at Liverpool by Tyler and Co. on a bode in Lon.
don under the 6rm of Taylor and Co. accepted by
them payable to the order of the Defendants, and by
the Defendants indorfed over, and then indorfed to
the Plaintiff. When the bill became due it was regu-
larly prefented for payment, and a check on a banker
was left for the payment of it, and accepted iti pay-
ment by the prefenting clerk. When the parties
went to receive the money at the bankers the check
was dilhonnuted—it was found to be a fwindling
tranra6tion between petfons who were coruaeled to-
gether in the making of bills. The holder of the bill,
the Plaintiff, immediately gave notice to the Defen-
dants of the difhonnur of the bill, and was told
that if he would bring the bill on the morrow it
would certainly be paid. Upon the trial, the Plain-
tiff was not in a condition to produce the bill itfelf,
and for that reafon he was nonfui!ed.

Mr. GARROW now urged, as he did uoon the tidal
before Lord Ellenbornugh, Chief Juflice, at Weil-
minfier, that as no other petfrm could make any title
to the bill, nor have any right to fue upon it, no per-
fon except the Plaintiff having given due notice of
the non payment, he was entitled to recover. He
Paid that the Defendant could not be damnified.

Lord ELLEN BOROUGH, Chief Juflice.—All that de-
dends upon the proof to be made in another cafe,
you do not teem to have tiled the means you had of
procuring the bill.
LAURExcs, Jullice.—Was there any proof of the
acceptor's running away, or any Attempt to fubpcena
him ?

Mr. GAR aow.—There was no proof of an attempt
to fubpccna him.
Lord Et.t.tx sottonc H, Chief Juflice.—Then you
are in the common cafe of an indorfer bringing an
thion upon a bill of exchange without producing it.
Mr. GARROW then cited the cafe of Turner v.
Mead, i St. 44, which the Court thought to he very
diftinguifhable from this cafe. And he Rated that
the praelice of taking checks in payment for bills
which was very general, if not univerfal, muft be en.
th ely flopped, if the Plaintiff could not recover in
this cafe.

Jtißice Lova ce.—lt would be •ery well to put
an end to that proeice. They take a check of any
pylon whatfoever, whether they know him or not,
inttead of their Ay; refuted.

WARRINGTON AND OTHIIII V. JOHN FAAVOR AND

OTHERS.

Sir VICARY GIRAS moved for a new trial, and to
fee atiLle a nonfuit. This was an aCtion upon a
guaranty of a debt from perfons of the fame name,
viz. Mefrrc. Farvor and Warrington, which was as
follows : " We engage to guarantee you for any
goods that Farvor and Warrington may purchafe,
to the amount of toool. to be paid for by a bill at
fix months." For the Defendants it was infifled that
this guaranty ought to he (tamped as an agreement ;
and cf that opinion was Lord Ellenborough ; but
upon Mr. Garrow citing ihe cafe of Currie v. Edin-
lion, 3 Term Report 524, his Lordthip, upon the au-
thority of that cafe, over-ruled the obje4ftion.
Sir VICARY contended that that cafe was diflin-
gnifhable fr::m the prefent ; becaufe, there the gua
ranty was made upon the immediate fate of the
goods. It was in fa& a fide by a broker of cotton,
with a guarantee that it was worth fo nuich ; and
Lord Kenyon laid it was made upon the fate of the
goods exprefsly, and that they would not have been
fold had it not been for the guaranty. Mr. Jultice
Buller alto (aid, " This was all one entire contra t."
Sir Vicary alto took a further objeetion, that the
goods were to be paid for by a bill at fix months,
and, although Mellis. Farvor and Warrington had
become bankrupts, yet it was nccefrary to demand
payment of them : but no filch demand was made.
.
Lord ELLEIISOII.OUGH.—" As to the firfl point, I
think if it applies to the fate of goods, it is no
matter whetl'er to fpecific goods then fold or not, the
cafe of Currie v. Edinfion is in point. As to the
other ground, I think there was fomething in the form
of the agreement which rendered it unnecefrary to
make the demand on the buyers.—Rule Ay; granted.

HISRERT 4.. WARNER.

In this care, which we reported at Alfi Prism, at
Guildhall, the Sittings after fait Term, and which
turned upon the effea of a filar fale by fample, to be
taken with all faults, Mr. PARK obtained a Rule Ay
for a new trial. He contended that a fample drawn
fix months before the Pale was not a fufficient fample,
and that the buyers ought to have hada fample drawn
recently.

MURDER.—B. Hutten,of Moufehole,near Penzance,
upwards of fitly years of age, was committed to the
county prifcit at Bodmin, on Thurfday laft, on fuf
picion of having murdered a poor woman of nearly
the fame age, on the night of the ttth intlant. The
woman's name is Catherine Polmear ; the was (tabbed
through the heart, as the lay in her bed, by a long
(harp inttrument, fuppofed a dagger, carving-knife,
or fplt. Hutton appeared in good fpirits on his way
to ptifon, folemnly afferting hi, innocence.
Exectrion.—Yefterday Herbert the ioldier, con-
vieed fome time fince of a robbery in Hyde Park,
attended with aas of cruelty, was executed in the Old
Bailey, oppotite Newgate.—He wore his uniform,
and teemed not very deeply impreffed with the awful-
nefs of his lituation ; nor did he excite much commi-
feration in the furrounding crowd, which was not
very numerous. '

I?efierchty fe'nnight Thomas Smith ard George Steven-
; fon, from the neighbourhood of Newcatile, convicted
of honk Reating, were executed at the welt end of the
Tolbooth, Edinburgh, purfuant to their fentence.
They were very penitent and refigned : after they
had mounted the drop, and juft before they fell, they
! [hook hands and killed each other.