Star.
London, England, 1814-12-08 00:00:00

MAGWAY, ESQ. V. BURLEY.

This was an action to recover 60 guineas, the price
of a horse, warranted sound, but which, it was al-
ledged, was unsound at the time of .the sale. The
unsoundness was hi. being a crib-biter. A number
of witnesses were called in support of the plaintiff's
case ; but none of them proved crib-biting was con.
sidered an unsoundness. The horse had been re-
sold to a Mr. Christopher, and returned from him to
the plaintiff.
Mr. Serjeant VAUGIIAN was about to address the
Jury for the defendant, but the CIIIEF JUSTICE thought
there was no necessity, the witnesses for the plaintiff
not having made out his case. Plaintiff nonsuited.
DECEMBER 7.
ABBOTT v. BEANS.

The plaintiff is a coach-maker, living in the Kent
Road, the defendant a hop-factor in the Borough.'
The assault arose from the following circurust4ncec:
The defendant kept horses at the Boar's Head livery
stables ; and a man of the name of Gouch, who was
his rider, had lent to the plaintiff a fine horse of hts '
that had lately taken physic. The defendant seeing
the plaintiff upon his horse, returning to die stables,
seized the horse by his bridle with his left hand, and
violently pulled him off with his right.
It appeared that Gooch had been in the habit of
ordering out the defendant's horses, and riding them
himselt ; but there was no evidence of his having any
authority to lend them to any other person.
' Sir VICARY Gums observed, that there was a great
deal of difference between a servant or a groom
his.master's horses, and his lending them out to other
people to ride.. Unless it could be proved that Gouch
had express authority to lend the horse, as it was a
question in which very small damages could be ex-
pected in case the plaintiff should have a verdict, and
as the parties were both of them persons in a respec-
table situation of life, and neighbours, he thought it
would be more for their credit and future comfort to
compromise the matter.
• The parties at length agreed to withdraw a Juror.
ASSAULTS-••WITIIM V. LYON.

In this action for an assault there was contradic-
tory swearing. and a vist number of witnesses pro.
duced.

On the part of the plaintiff the case, which was
sworn to by nine witnesses, was this 1 that the &fen-

ciant, who is ti hiewer, hiving gone out in his gip,
had stopped At the door of a public how in Love-
lane, near t. ack-hill, where he beat his horse most so.
Merely with a stick. The plaintiff came out of the
ptiblic-liothe and remonstrated with kiln on •his
cruelty, when he told oim that if he did not keep off
he would serve him in the same mainer. The plain-
tiff called hint a bi :Ala fellow, and the defendant
struck him first across the hand Ind wrist, and when
the plaintiff was closing upon him zo avoid more
blows, he struck him t,. ice upon the head, each of
which blows brought blood. The stick was Rroducedi,
which w.:s a heavy knotted stick.
On the parr of the defendant, three witnesses swore
that when the plaintiff came nut of the public-house,
he called the daenJant ate approbrioos name, ant
threatened to Serve him as he served his horse: that
it was upon the plaintiff's-shaking his fist in the dc-
fend,ant's face and threatening him, that the defeat-
dant struck him his first blow over ail knuckles: and
that it was uo,in vile plaintiff's endeavouring to rush
in upon the defendant that the delendaia struck him
the blows upon the head. They also proved that the
defendant's horse was extremely restive, which was
the occasion of the defendant's sulking him so se-
verely.
_ _ _

Tile case then went to the Jury to determine on this
contrariety of evidence.—Vadict for the Plaintiff—
Damages £6O.

DARING OUTRAGE.—A violent outrage and rob-
herr was committed at the house of GABRIEL Flume,
Cherry-mount, county Waterford, within four miles
of Youghal, on the evening of the 29th of Novem-
ber, about six o'clock. As Dennis Fisher, son of the
above-mentioned, was returning into his father'i
house by the back-door, he was seized by three men.
each armed with two pistols slung in a belt, and a
short gun: they, with two more, armed in like mans
ner, who now joined the farmer men, immediately
wrested a gun from Fisher, which he was then tak-
ing into his father's house, and into which they f aced
themselves with him. When in the kitchen, they
asked Fisher where was his father ? who replied, he
was in the parlour with his family ; on which they
rushed into the parlour, where Mr. and Mrs. Fisher,
wish two young ladies their dauehters, and two of
heir grand-children, were. These miscreants, on
entering the parlour, asked the elder Fisher for his
arms; he replied, he had none. One of the villains
then advanced, and presenting a clicked pistol to the
head of this aged gentleman, in the presence of his
wife, daughters, and grand-children, de.iresi him to
kneel down. 'Phis Mr. Fisaer refused, adding, in a
detearr.ined tone—" if you mean to shoot me, I shalt
receive it stending." The villain then turnEd the
pistol trona the directian in which Mr. Fisher stood,
and disch 'yard it against the .Al!. Tits villains, at
this period, were oteserved in the act of refitting .
their sentinel, of wham, as it wierwards appeared,
numbers were regul trly posted for a considerable
distance about the house, aad especially on the road
to Youghal. They ail appeared to have equal com-
mands, and asked whick of the young ladies would
make tea ? The father replied, neither of them—
upon which one of the gang very deliberately took
up the kettle and male tea, to which the whole party
sat down, eat a large hot cake then at the fire, be-
sides all the bread and butter at table. T;ity then
commanded Mr. Fisher to shew them Vie Lela!, in
order to see whetner there were any more :oafs, ex-
clusive of the gun which th. y b.rd previously taken
from Mr. Fisher's son. This Mr. Fisher complied
with. They then asked far spirits, when they were
informed by Mr. Fisher that he had none, except a
little rum, which was contained in a decanter. This
they divided among themselves, and wishing the fa-
mily good night, departed.—They then went to the
house of Mr. Power, which they plundered of arms,
• and set the house on fire ; but it was happily ex-
tinguished.
Last week, the house of the Rev. Mr. Averall, of
Mothill, county of Waterford, was attacked by a
gang of armed rullians, who had the almost-untver-
sally-combined objects in view of obtaining money
and arms. It was not ascertained of how many they
consisted ; but two of them entered the parlour, one
of whom presented a pistol at Mr. Averall, and de-
manded his arms and powder. When he assured
them that he had neither arms nor powder, he was
compelled to attend them over the house, and to
open for their inspection every drawer, desk, cup.
board, &c. Disappointed in their primary, though
not exclusive design, they demanded the price of
powder which they thought they ought to have found,
and robbed Mr. of a small Lunt of money he had
in .his pocket-book.
LIMERICK, Nov. 30.—Last night a detachment of
Captain Wallet's Yeoman Corps came up with an
armed party ,of nightly disterhers of the peace, who
were going to attack houses in the neighbourhood of
Ballinecariga, near Pala:: Keary. The !chews fired
at the Yenta insy, which was 'calmed, and it is sup-
posed with etlect, as the military contiatied thing in
pursuit of the rulreens, who decetnped in all direc-
tions. One of them, who was wounded, is taken, and
is on his way to our comity jail.
Yesterday morning three men attacked Michael
Doogan at Sooty, county of Clare, and beat hint si
dreaelfully that the died.
tiluanata—Lit week, -- Hasson was attacked
near Lyng, on his way from liallyinullans fair, in
open (lay, on the King'. highway, and within view, it
is said, of sevetal persons employed in digging pota-
toes, and not twenty yards from houses, and was de-
liberately murdered by three (other accounts rear
live) rains, who appear to have lain in wait fsa.
him. One of them knocked him down with sine
heavy weapon, and the others continued to brat
with bludgeons until life was extinct, while t..e poi t.
toe-diggers stood alai)/ with their spades in their
' hands, seemingly regardless of his cries t, rm.rcy
and assistance. What is equally extraordinary, acid
very improbable, those who witnessed the ,',,.eking
scene deny all knowledge of the murderers; and net.
withstanding the 'must minions of the Magistrates,
they have nut yet been ideutiftid, iu *might:win:mud
wheie every individual is alrin,:.,t univ,rsaily known.
Hass ,n was reputed to have been en Orangematti.—.
Londonderry Joel nab.
Tnutsiley, tint ty fine ewes in lamb, the prcpaty of
Mr. Marc suN, 1314(1.41...1i, .“:ft: 11 1 Ili a Ilk •
doe, at A restord, by a cog. Only tau or th.ce of
them were bitten, but the timid Ain/mats were driven
into a dutch in the nie,di.w, and kept so close ult.
th..r Uldi they were smothered.

OLI)

• ..

Yesterday 1,14 yd was indicted for stealing a
ch i;se, value Ale), the property of .lohn Large.—The
prosecutor stated, that on the '2lst of August, ISIS,
the prisoner called at his s'ion fora single horse chaise,
he't' he sew one that he thought would suit him
ati.l obseived. that he had an old one et hich he wished
to have repaired, if the prosecutor thought it worth
the expence. Witness went to the Black Horse Li-
very Stables, in Gray's Inn-lane, where he saw the
old chaise. He did not think it was worth repairing.
In about half an hour after, the prisoner returned, and
said, h' would take the chaise which he had already
smn, on trial. If it were too heavy, he declared his
intention of having a new one built. In either vise,
the witness was to allow him ie6 for the old chaise.—
lelove s nt for the chaise the same afternoon ; and,
in the course of a week or ten days afterwards, he
ee.ited oe witness. and stated that it would not snit
I.i n, at the same time he gave an order for the build-
in;; of a new one. The prisoner was permitted to
niake use of the chaise in his possession, until the new
one vas completed. On the 15th of September, the
witness received a note from Lloyd, calling on him
to finish the order as speedily as possible. On the
Monday following, the prisoner sent a messenger to
say, that he wished to have the chaise next morning.
It 'was accordingly delivered to him by one of the
witness's men—witness being then in the country,
and not having left any order that it should be de.
rained. The chaise which was lent ought to have
seen returned—but it was nor. Witness, on learning
the prisoner's character, proceeded 'to the Black.
Horse, in Gray's Inn-lane, where he found the chaise
he had lent, and he took it away with him. Next
morning, two persons, named Flack and Paste (the
latter the. proprietor of the Black Horse Livery-
stables), came to his house, in his absence, and stated
that they had purchased the chaise which witness had
lent to the prisoner. He never got the new chaise
back. The prisoner represented himself to to a
laws cr residing in Symond's lun, and the name of
Lloyd was un the door, where he supposed he had
chambers.—Cross-examined.— He never complained
of the circumstance at any Police Office till the priso-
ner was apprehended.—William Preston, the prose-
cutor's servant, delivered the chaise to the prisoner's
order. An old chaise was to have been returned ;
but he did not receive it.— Paste, the owner of
the Black Horse Livery-stables, recollected the bar-
gain between the prosecutor and the prisoner, in
August twelve months. Prisoner had an old chaise
at witness's yard. He remembered a chaise being
sent to his yard, by the prosecutor, for Lloyd. The
latter used it for a month or six weeks, as his own.—
Ht, then sold it to a person of the name of Flack, from
whom witness purchased it.
The RECORTAR shortly addressed the Jury, obser-
ving, that as Mr. Large had recovered the chaise he
had lent, there was no proof to make out a fraudulent
conversion of the property on the part of the prisoner,
wl.o was Acquitted.
M. B 1 own was indicted for stealing two loaves, the
prreerty of R. Robe!ts.—The prosecutor is a tailor,
in Clerkenwell ; a woman passing saw the prisoner
tale two quartern loaves out of the prosecutor's front
shop, on which she gave information. He went with
the loaves directly opposite, and offered them for sale
to a green-grocer, for 10d. Suspecting they were
stolen by his asking so little fir them, she would mat
buy them. He was taken into custody, and confessed
having stolen them.—Guilty.
111. Connelly was indicted for stealing three spades,
the property of D. Sullivan.—The prosecutor is a
labouring man, and lett the tools in question under
some straw at a lock on the Regent's Canal, where he
was at work. The next morning he missed his
shovels. He saw them a few days after at Marl-
borough-street Office, when the prisoner was in cus-
tody of a watchman, who had taken him that morn-
ing about four o'clock.—Guilty.
Sarah Morton and Harriet I.utterlow were indicted
for stealing a.broach, a bracelet, a pair of stockings,
and some remnants of lace, the preperty of Elisabeth
A. Alders, widow. The prisoners were servants of
the prosecutrix, the first as cook, and the° other as
house-maid. Morton had left the service of the pro-
secutrix when the articles mentioned in the indict-
ment were missed ; but having left one of her boxes,
the key of which she had entrusted to Lutterlow, it
was searched, and the articles found in it. Verdict—
Both Guilty.
The following were also convicted of felony, viz.-

Ann Andrews,for stealing a watch ; 1. Jones, for
stealing 300 lbs. of lead ; M. Martin, alias P. Thomp-
son, for stealing a blanket (fined one shilling and dis-
charged) ; J. Murphy, for stealing two pieces of.
st,ne ; Ann Moorman, alias Mawman, for stealing a
velvet gown and fur tippet : S. Welch, for stealing a
decanter and a quart of rum ; D. Williams, for steal-
ing a cheese ; and Elizabeth Harvey, for stealing
divers articles of wearing apparel.
• Grosse Eyre, late a Mirlshipman in the Navy, was
tr7ed for sie.ling a watch and seal.
Thornaa Tiri:er was butler to the Hononrable Miss
Fortescue. He said that on the 19th of October, the
prisrner, with whom he bad, some acquaintance, had
come to d: ink tea with him in Holles-street ; they
went after tea to a public-house for a little time; the
risoner got up suddenly, went out, and said he
should he hack in a few minutes ; he said at the time
be had a dreadful pain in his face; went out and
Levu- returned. In the mean time his wife sent for
him, and when he came home, he frwtd her in a
state of gre•it anxiety, in consequence of the theft in
question.—Mrs. Tipper said, that soon after the pti-
s..ner went out with her husband, he returned, corn-
pained of a swelled 'face, and asked for a piece of
flannel ; she gave him a piece ; he said that would
not do, and begged of her to go and get a larger
piece ; she went up stairs for that purpose, and when
she returned the prisoner was gone. There were four
watches in the table drawer, and she immediately
missed them, and sent for her husband. This was
between five and six o'clock.—A pawnbroker in Ox-
ford-street, said, the prisoner came that very evening
about seven o'clock, and pawned the watch laid in the
indictment, for which be got 15s. The pawnbroker
had seen the prisoner often before, and knew his per-
-1411 very well. When the prisoner was taken into cus-
tody he confessed having taken four watches.—Guilty.
George Parker and Benjamin Goold were tried ; the
first for stealing twenty pounds worth of timber, and

the other for receiving the sale, knowing it to be
stolen. The principal eviden e against the prisoner
Parker, was that of an accom Ake It appeared in
evidence that the waterman w io,e business it was to
• waft timber on the River, had the care of a raft of
timber at Limehouse-hole ; thiat he marked and left
it there on the night of the 7 h of November. The
accomplice, whose name is Baylii, stated, that he and
Parker, who were apprentices to a waterman, went
on the night in question, and cut away four pieces of
timber from this raft, and brought it to a wharf at
Limehouse. The evidence of the accomplice was
corroborated by several other persons who bad seen
these parties in, company with each other near the
place and at the time in question. The prisoner
Goold was a Carter, and had been employed to take
away the timber, and the chief circumstance of suspi-
cion against was, that of his having equiv.•cated
in his ans‘ve-Ts when the Police Officer stopped his
cart v. et:, ,11- timber in it, and having given a false
accoom or t!.e rtace he was going to, the person who
employed him, &c. and of his having denied that he
was the driver of the cart. On behalf of Parker se-
veral persons gave him a good character for honesty.
Goold called his servant to prove that he had merely
been employed as a carter to take away the timber.
He also received a very good character from a great
numblejof persons. The Jury found Packer Guilty,
and Goold Not Guilty.
Mr. COMMON SERJEANT then addressed the prisoner
Rarker, and told himahat, had the timber been taken
frem the ship before it was removed,his offence would
have been capital, and his life would have been for
felted ; the depredations on the river were so ma-.
mous, that no mercy would have been extended to
him. For the offence.of which he had then been con
victed, he should be sent out of the country for seven
years ; during which time, as he was a very young
man (only 21 years of age), it was to be hoped he
would reform his conduct, so as to become hereafter
a useful member of society.

Monday night, about ten o'clock, as Mr. Hinckes,
of the Volunteer, Baker-street North, was returning
hone from the City, he was accosted, a sh-rt distance
from his own house, by sever.ll ru flians, who wantonly
kneeked him down, when he remained senseless for
some consider ably time before he could proceed home.
Several of his teeth were lett on the ground, and taken
up on Tuesday rrorning by one of his family.
Monday evening, as Mr. Corney, of Stanstead,
village bet ween Hoddesdon and Ware, was returning
from the former place, he was attacked by two foot-
pads, armed with bludgeons, who, it is supposed,
knew he had been at Hoddesdon to receive a sum of
money, and way-laid him. They tripped him up, when
one of them held him down, while the other rifled his
pockets of bank-notes to the amount of upwards of
£lOO, and his watch, &c. when they made off up a
lane. Mr. C. made the best of his way back to Hod-
desdon, and procured assistants, who went with
torches, &c. in pursuit of the robbers, but were unsuc-
cessful in their search.

Between twelve and one o'clock in the night
Saturday, as a pe!ion, who called himself a purser
in the navy, waetravelling from Canterbury, where
he had arrived in great haste from Dover, towards
Sittingbourne, the chaise was stopped at the bottom
near the blacksmith's forge, at Harbledown, by a
tall man, dressed in a long white gaberdine, • wno
first presented a pistol to the post-boy, de)ring him
to stop, and then proceeded to the chaise, and robbed
the person within, of specie, it is coti]eciired icu etn
gold coin, to the amotin, of eh% after which he or-
dered the boy to drive on. On the same evening a
Frenchman, who had landed with the other pa,!en-
gers, was robbed at Dover of a considerable sum in
doubloons, by a person who came over in the same
packet from Calais, and .had insinuated himself into
his confidence, and who from the description given of
him, there is a strong presumption is the one who
was thus robbed by another thief.
We mentioned yesterday, that the body of a man,
supposed to have been murdered, had been found on
Saturday evening, near the wall cf Greenwich Park,
on Bla ckheath. An inquest has since been held on
the body, before JOSEPII Caurratt, Esq. one of the
Coroners to Kent, which, after a laborious investiga-
tion of two days, was unable to satisfy the great pains
and public anxiety that this case has produced, ilia!,
muchlas, notwithstanding a great number of witnesses
were examined, and every diligence used, the Jury
at last were obliged to find a verdict Killei by
a gun-shot, fired by some person or persons unknown."
It appeared before the Coroner, that the name of the
deceased was THOMAS Pu INANE, about fifty years
age ; that he was retired from business, and accus-
tomed to walk about the Park and Blackheath for
his amusement ; and that a bullet from some fire-
arms had been shot tl.raugh his head, from temple
to temple, about five o'clock on Saturday evening, as
is supposed, (the report of a gun having been heard
at that time in the Park by several persons) ; but the
body was not found until near eight o'clock, when
two vagrants who were going up the main walk to
the Heath-gate discovered it quite dead, near the
corner of the Princess of Wales's Inclosure, and gave
an idiom to the towns-people, who fetched the body
away the same evening. Suspicion having fallen on
the parties who gave the information, they were de-
tained and examined beore the Jury, but nothing
could be fixed upon them; nor, indeed, could any
clue be discovered to lead to the least explanation
of the mystery. No fire-arms could be found, nor
any bullet-mark near the spot. It is very strongl)
suspected, however, that mischief was intended to
the Park-keeper, who has lately. exerted himself very
much in preventing disorderly persons remaining all
night in the Park, for which he has been threatened by
sonic of them, for whom the deceased might have
been taken as he was returning from the heath on
that evening. This, however, is mere suggestion, and
unless a reward which is to be offered by the parish
of Greenwich, shall produce some further evidence
than could be obtained before the Jury, it is feared
the authors of this fatal and melancholy event will
not be discovered. The deceased was a single man,
and there is not the slightest cause to think that he
destroyed himself.
SUDDEN DEATH.—A few days ago a housemaid
belonging to the Countess de FRONT, in Nlontagii-
squat e, was found dead in her room, to which she had
gone only half an hour befOre in perfect health. She
was a faithful servant, and had lived with her Lady.
ship above '2O years.