Star.
London, England, 1826-10-09 00:00:00

MARLBOROUGH-STRRET.

In consequence of the statement made by Mr. Butler, respecting
Lieut. Archdall's bail, which appeared in this and other Papers St
this day week, Mr. Withers attended on Saturday, before Sir G.
FASSANT and Mr. CONANT, to make an affidavit, as a counter statn
ment to that of Mr. Harmer.

Mr. Withers said, the statement of Mr. Harmer, going to the
public without a contradiction,' was likely to prejudice him in the
eyes of the Guardian Institution, whence his son was taken into the
service of Archdall. The affidavit of Archdall before the Judge,
stated, " that in consequence of posting bills, and statements ih the
newspapers, the minds of the Jury at the Sessions would be biassed.
they being persons of nearer equality with plaintiff than defendant."
He bad employed himself the greater part of the week in making
inquiries and looking mend the walls of Westminster for any of
the bills sworn to, and could find none. If he bad kno-vn of such
an affidavit being sworn, he- should have attended and opposed it.
He could tot help complaining of Mr. Harmer abandoning the pro-
, socution now it was removed into the Court of King's Bench; he
supposed it to be, because he bad not money to support a prosecu-
tion in so eapensive a Court. His request was, that the Magistrates
would allow him to swear the affidavit, for the satisfaction of his
friends, that he had in no way colluded with the defendant.
Sir G. Faanarrr—Mr. Butler stated here that he attended the
swearing of the affidavit before the Judge, and ihewed all the letters.
So much had been said and published on both sides, that he could
not see the utility of this affidavit. One side makes one application
and the opposite side another, till the case is fritter:d away, and
•nothing lett to go before a Jury.
Mr. Coin/am—lf Mr. Harmer has neglected your business, we can
have nothing to do with that; you must employ another Solicitor.
Mr. Withers said be had.
Sir G. Faaamer—You had better indict him at the Szssious.
The affidavit is of no use.—The application was refased.
Johnson, the informer, has again been unlucky in the wording of
his infot mations. The first called on Saturday was against Isabella
Yat:, for that she did, atc. &c. in .s his house, which Mr. Virgo,
the Solicitor, submitted was fatal to a conviction. Johnson, to save
paying the witnesses in case the Information should be dismissed,
made a virtue of necessity, by withdrawing the complaint, " because
he saw Mts. Yatt was a widow !"—The second information was
against John Gwilliam, of the Fox, in Great Windmill-street, for
" permitting gaming in your house." Mr. Virgo made the same ob-
jection, which was allowed by the Magistrates, and the information
dismissed.—'the third and fourth were against Thomas nice, of
the Cross Keys, in High Holborn ; one was f.,r late hours, and the
other for suffering dominoes to he played on the 29th September.
Mr. Virgo saw a fatal objection in the information for gaming, and
wanted that beard first; but as the option lay with the informer,
that for late hours was taken.
Aaron Rawlings, Johnson's witness, proved the case, and that
Mr. Price told him " he was obliged to be particular, as Johnson
wanted a little business to do." •
Mr. Virgo submitted the averment of the .infarmation had not
been made out. The informer had not proved that the persons

seen coming out were mot travellers, which was the °fen: :or.. tn.
plated by 'la. Legislature.
Johnson submitted his own witness, who had had bread an•;
cheese, and gin and water, could prove that the persons w: re nu: al:
travellers.

Mr. Virgo objected to Johnson offering fre►h evidence after clos-
ing hie case.

Sir G. Faioarrto Mr. Virgo—lf you insist on the witness prop.
ing the persons not to he tratellers, what do you say to your obre_
lion the other day, when you proved those to be journeymen who
were st Ated to be travellers?

Mr. CONANT—If we are satisfied that th-1 were nc.t travellers,
any thing else is of no consequence.
Mr. Price was convicted in five shillings and costs.

The information for gaming, which 3lr. Virgo said could not
stand, Johncon said he should not call, " as the defendant had beer
convicted in the first."

To the information against John Cistle, in Mu;eum.street, fur
late hours, Mr. Virgo offered the same objection as iti.the last, sub.
mitting that the Magistrates had no jurisdiction, as the centric:tor
could not be returned in the words of the Act, unless the perwons
were proved not to be travellers, anl that the onus probaruli of the
lay with the informer. There was no offence committed aides; the
house was kept open for "other purposes than the entertainment
of travellers' and for them a publican might keep his house ()per
all night. _

Sir GEORGE FARRANT-TI the Magistrates permitted such a pies,
every publican would keep his house open, and say, " well, I do*
for what travellers may come."

Mr. COMA NT thought it entirely in the discretion of the Magic.
trues to determine who were travellers and wh.) were residents{
otherwise they would never be able to convict for keeping kite hours.
The case was proved to his satisfaction. The penalty wmuid he one
that they need not return ; but, nevertheless, if Mr. Virgo pressed,
the return should be made; but in casts where returns were made,
the repetition of the offence doubled the penalty.-10% fine, and
3s. 6d. costs.