Star.
London, England, 1819-05-01 00:00:00

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LaW INTELLIGENCiF.

COURT OF KING'S. BENCH, APRIL SO.
akartcLes or THE PEACE.
At the sitting of the Court, the Earl of Darnley
exhibited articles of the place against Robert
. Esq. The'said articles stated, that for a long series
of years Mr. Blifh had been in the habit of annoy-
ing 'the noble exhibitant, by throwing himself in his
way, making provoking gestures, and endeavouring
to provoke him to fight a duel.
Some time back the Noble Earl had exhibited ar-
ticles of the peace, in which Mr. Bligh was held to
bail for five years, d..,ring which he ceased to annoy
tie exhibitant, but the term for which he was bound
to keep the peace having expired, Mr. Bligh repeated
his outrageous conduct. He had followed the Earl of
Darnley from London to Paris, from Paris to Italy,
and from Italy to England, pursuing the same 'course'
of contempt towards him. When he was at the
Opera, Mr. Bligh was before him, staring him in
the face,' and frequently applying his hands to his
pockets, as if drawing something out, which was
understood to be a pi,tol, as Mr. Bligh went about
armed. Unable to avoid the annoyance, the exhibi-
tant was• again obliged to apply to the Court for its
protection.
The Court ordered the articles to be filed, and the
defendant to enter into sureties for five years, biatrelf
in £6,000, and two in £3,000 each.
Till XING 0. METER, wooLs, L. LEVI, itaisim

AND OTHERS.
Mr. SCARL.ETT applied to the Court in this case
for A new trial. 4 The defendiaiitwere convicted re-
cently at Guildhall, of a conspiracy so. deA-aud divers
persons, by purchasing goods with bad bills. The
first ground on which he Made the application was,
dint the Jury, after having,ken sworn to try the
prisoners, had been allowed 110 disperse, without
coming to any decision. He cited several cases to,
prove the verdict given was not legal. The Jury, on
the first day of the trial, were: allowed to leave- the
box, and the next day came again impressed with
prejudice against the defeudants. He contended that
there ought to be a new trial.
• The COMMON SEW/UST and Mr. DZISMAN fol-
lowed on the same side.
The CHIEF Jr.:trice said, if there had been any
doubt on the legality of the verdict, the Court would
have granted a new trial, but they had not the least
doubt. The trial, the first day, continued from nine
in the morning to eleven at night, and had the Jury
been able to hear the evidence to the end, it would
have been jnjurions to the defendants, as they could
not haute expected, under the circumstances of ex-
haustion, a proper attention to it. On the whole
view of the facts there was no *round for a new trial.
The other Judges agreed with the Chief Justice,
andthe application was refused.
•Mr. "Guither then moved that the defendants,
Woolf„ Month., and Lewis Levi, who were in Cant,
do stand committed.
The Court accordingly sent them to Newgate.
COSSISTORY COURT, APRIL 30.
LADY MAIAIRT AGAINST LOAD MiIUISZT.
This was a suit for restitution of conjugal right
instituted by the Honourable Octavia Spinelli,
cess Dowager of Butari, if Sicily, commonly called
Lady Herbert, avian Robert Henry Lcird Herbert,
sop of the Earl of. Pembroke. By the lied, it ap
peered that the parties contracted a clandestine mar-
riage at Palermo, on the 17th of August, 1814, and
that tlie Lady arrived in London in the month of
March, 1817. Of the thirty-nine witnesses examined
in this matter, the greater number were so examined
in order to speak to the identity of the parties. The
marriage was proved by the Priest who solemnized
it according to the rites of the Roman Catholic Church
or Sicily.
Sir WILLIAM Scary, having defined the nature of
the. present proceedings, gave judgment. He ob-
serred that the parties in this cause were neither of
them minors ; Lord Herbert being upwards of 21,
and therefore competent, in the eye of the law, to
take the step he had decided upon ; and the Lady.
Oataria Spinelli, although somewhat older than him-
self, was yet not of an age which of itself implied
any incongruity in the match. It appeared that Lord
Herbert, being in the year 1214 in Sicily, was intro-
duced by Lady William Bentinck, into the family of
the Prince de Butari, whose palace was the great
retort of all the English Nobility who visited- that
country, and who were always received with the ut-
most hospitality. Of that hospitality Lord Herbert
was a constant partaker, being frequently with the
family once or twice a-day, both at Palermo and in
the country. He appeared to have sedulously en-
deavoured to gain the favourable opinion of the
Princess, whose husband dying in June, 1814, she,
according to the testimony of her sister, the Duchess
di. San Giovanni, clandestinely married Lord Her-
bert, after an ardent courtship, as appearedbjettr
correspondence ; among which was -first a s
promise of marriage, and next a letter after mar-
riage, in the following strain :
" M y Angel! My Angelic Whie!..--When I cease to think of
&realm, I hope the Museum will that mo.
My dear Angel; I_am here imprisoned
-,(1 in a few days I And you will have to go
likewise be imprisoned there for Ave years;
• right when the matter is brawls tO a ene-
my angelic Oetavia! I have had an inter-
Gentleman, who tells me (though this is
shall soon be released. Be of good heart,
r love and affection will never forsake you
being I will be your dear husband; for
me ; and with as muck certainty as that
you. Farewell, my dear Angel Jim
suspended at the head of my bed,
commented on this part of the evidence,
manner in which the marriage was cele-
Learned Judge remarked, it was not for
consideration us to the propriety
either side, the only Vesdon was as
f the marriage. It was established
marriage was valid :in the country
place, according to the rites and usages
was a goodone here ; and thb wait
sort of jut gentiune ; for; however
might he, however meagre in sub-
they conformed to that standard,
recognized them as perferly van
evidence aR to the facts attending
present case, established the caw
for.ns having been complied with,
, of Several Judges of Palermo, an-
papers before the lioart, deafly dctcr-

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led6ed
of its civil jurikdictiort—a
incompetent, and in which no principle could be
one moment made out. And at whose suit ? Net
at that of the father, the party contemplated by the
enactment ; but at that of Lord Herbert himself; who
had avowedly infringed it. From the whole of the
evidence, the Court thought the Lady entitled to her
pray er ; and therefore decreed Lord Herbert to re-
ceive her as his wife with conjugal affection, and to
certify to it, by the first day of Michaelmas Term, that
he had complied with its injunction. .
Lord Herbert is at present abroad, not having vi-
sited England since the year 1814.. The suit was
commenced in 1815.]
OLD BAILEY SESSIONS, APRIL so.

Thomas Dart and Marian Gmftlu were convicted
of having in their possession a quantity of Bank-notes,
knowing them to be forged. •
Bartholomew Broughton was capitally indicted for
burglarinusly breaking and entering into a certain
room in the dwelling-house of John Lomas, proprietor
of the White Horse Inn, Fetter-lane, and stealing
therein one Bank note for 1001. four for 101. and five
for 51. the property of George Shulliebotham.
The prisons is a young man, about 25 years of
age, of a very genteel appearance. During his trial
he was in so weak a state as to be unable to stand at
the bar, and a chair was procured, accordingly. •
Mr. George Shufilebotharq being called, stated,
that on the 24th of December last he came to town,
and put, up at the White Horse, Fetter-lane. On the
31st of that month be had received of his brother,
Mr. Thomas Shuffiebotham' a 1001. Bank note ; and,
at that time he had other Bank notes in his posses-
sion, amounting in the whole, with the addition of
the 1001. given by his brother, t 6 2001. On the night
of the 31st of December he went to bed at ]about 12
o'clock, having this money in his pocket-book. The
servant of the house cane for hu candle—the took it
away, and shut the door afterwards. His pocket-
book was then within his coat, which he hung on the
back of a chair in the room. When he rose the next
morning, at about eight **clock, he found that his
pocket-book had been taken away
The chamber-maid of the White-Horse Inn stated
,that the prisoner, (who styled himself Colonel Best),
dept the night before the robbery in the next room
to that of the prosecutor.
A shopman to an optician in Piccadilly proved that
the prisoner changed the £lOO note in payment for
a sextant.—Other witnesses completely brought hours
the charge against the prisoner, and he was found
Guilty—Deng.
Nearly 90 Merchants, Officers in the Navy, and
others of high respectability, gave the prisoner a most,
excellent, character. He was recommended to mercy
both by the prosecutor and Jury, and the RICOIWZR
said the request should be attended te.
As soon as the prisoner had been removed from
the bar, Mr. Acuse on the part of the prosecutor said
*that he understood the sextant, purchased by the pri,
maser witlithe prosecutor's money, was in Court, and
that Leadbeater, the Marshalman, held a quantity of
,plate, watches, &c. which had been found upon him
. at the time ofhis apprehension, and he now demanded
that the whole of this "roperty be 'delivered to the
prosecutor.,
Mr. Putcvm (one of the Deputy Sheriffs.)—" My
Lord, I claim the prisoner's
,property on behalf of
the Sheriffs."
The sextant was now brought forward to the Coun-
sel table, and each party were preparing to possess
themselves of it by force of arms, when the Recommit
pronounced an order that it should be delivered to
the prosecutor. The Deputy Sheriff, however, called
upon his officers to secure it, and a struggle imme-
diately ensued between them and the prosecutor and
his friends. For some moments it appeared very
doubtful which party would carry off the prize. The
IRecorder looked on in silence till he saw Mr. Sheriff
Roberts descend from his seat on the Bench to the
assistance of his officers, when he called out in a pe-
remptory tone, " Mr. Sheriff, I desire you to desist.
1 have made an order upon it, and that order ought
to be obeyed."
Mr. Sheriff obeyed the Recorder's order, and the
prosecutor was then permitted to tie the sextant up
in his pocket handkerchief. A long contention then
followed about the plate and watches inthe possession
of Leadbeater, the Marshalman. The Deputy Sheriff
insisted uptin it that they were the property of the
,Sheriffs.—Mr. *LUCY, and the Solicitor for the pro-
secution, insisted that the prosecutor ought, it:pa-
lls:4 to have them. The Recorder refused to make
any order upon this part of the property. Leadbeater
appealed to him repeatedly, but to no purpose. The
Recorder inflexibly persisted in his non-interference,
and the extra official squabble was closed at last by
each party threatening Leadbeater with an action if
he delivered the property to any body but themselves.
William Ambrose was capitally indieted for having
assaulted Richard Vine, on the King's highway, put-
dal ,him in fear of his life, and shooting at him with
a pistol, with powder and small stones, on the 29th
of July last, between Edgeware and Stanmore.
Richard Vine stated, that on the night of the 29th
July, he and his son, a boy, were going with aborse
and cart, between Edgeware and Stanmore, about the
hour of twelve at night, that it was very light, when
he saw two persons approaching towards them ; that
the prisoner on coming within about half a yard of
him, with both his hands presented a pistol at him,
when he ;immediately fired, 'without saying a single
word ; that he and his companion ran off, and in a
moment he was streaming with blood, and was dread-
fully wounded in his right eye ; he then called out to
the boy, "Jack get out, lam shot ;' that-he saw no
more of the prisoner lb( a, length Of time, when he
heard that a peisott answering his description was
lodged in the jail at Hertford for having committed
a similar offence ; that he went down to Hertford
and made application to Mr. Wilson, the
%jailer, to
shew him the prisoner ; when Mr. Wilson informed
him he could not point out to him the prisoner, but
that he should have an opportunity of pointing him
out if he could. The prisoner was accordingly called
into the yard, with between eo and 30 othersl anti
the very moment the prosecutor vets informed they

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4). " My Angel! My An
4, you with love and alfecti
anent suike me dead !
for otiratiarriage; and ii
, - to a Convent, and likevi
but I hope all will be rii
t ~
elusion. Chear up, my
view with an English C.
the law of Sicily), we st
my angelic wife ! . My I
as such ; while I have b
, •
...., ft • so you may look upon ri
• I am now writing to )
, adorable pieture is suspe
—Having commen
and on the manner
brated, the Learnec
him to entertain anl
,of the match on eitl
to the validity of t
. , by law, that if a rr
where it took place,
t ' otthat country, it al
• so' held upon a so
naked the forms mi
stoma, provided tl
.. ,
a the Canonical Law
• lid, -Now, the evid
ii celebration in the
tainty of those for
and the opinions of
noted tv the paper.
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4,16,c
.
Wiwi the tali& '. • ilia:nigh a clan-
destkm one. • haloes to' the
scoid auslarlitabli . law of *lf legarding
marriage/dints discriptionAlimPeourt stmngly re-
probated the .idokahsit st ihould be expected to call
in the aid of a forehtti criminal enactment, acknow-
letted to be almost dormant in its operation, in aid
of its civil jurisdiction—a measure to which it seas