Star.
London, England, 1811-08-30 00:00:00

ASSIZES.

GALWAY milzit

V

--.-
CORNWALL.
CURIOUS lIORSE CA US R. -P ER N ECK T. TY ACK.

This was an action to recover damages for a horse
warranted to be what he really was net.. •
Mr. JEKYLL stated the case for the plaintiff, who is
a medical gentleman, residing at Penzance. The
defendant is a farmer at Ludgvan, near that place.—
The doctor being in want of a good horse, applied to
the defendant, who procured him the horse in ques-
tion, and warranted him perfectly sound, and free
from vice. The doctor remarked, that being a cor-
pulent man, and a timid rider, he wished to have a
horse that would carry him safely on:all occasions.—
The defendant having► strongly recommended' his
horse, a bargain was struck for 50 guineas. The fol-
lowing morning the doctor mounted; but he was no
sooner on the animal's back than he stood on his hind
legs, and walked a considerable distance like a dan-
cing bear, dragging the doctor with him in the stir-
rups. Assistance being fortunately band, he was
exit icated, and did not receive much injury. Seve-
ral ostlers and ethers attempted to ride him, but they
all met a similar fate. Upon this the plaintiff in-
formed the defendant that the horse was unmanage-
able, and that he could not keep him. A curious
answer was rotitrned ; the defendant said he was

much surprised that he did not find the horse answer
his expectation : that he had warranted him to he very
riet in Me stale, Int he never warranted him to he quiet
Old of it. How ever, he had no great objection to take
him hack, if the plaintiff would allow him 10 or 12

guineas, as he had no doubt but he should be able to
get a chap for him, and to sell him for a cart horst.-1
Here (said the Learned Counsel) you at once dis-
cover
the knavery and cunning of this man. What
kind of horse was this that was quiet in the stable,
but no where else ? The plaintiff did not want a horse
to be always kept in the stable. By being in posses-
sion of the plaintiff for about two days, in some ex-
traordinary and magical way, he is transformed into
a cart h ,rse; so that this famous horse, warranted,
free from vice, all at once became unfit to ride. The I
defendant would not take back his horse, but as a
cart-horse, with 10 or 12 guineas. The plaintiff sent I
him to Ford's Hotel, where he has been kept ever
since.' Verdict for the plaintiff £63, being the price •
of the'horse, and his keeping at Ford's.
DURHAM.
Job, Kemp: was indicted for obtaining, by a false
pretence, a gelding, with intent to defraud W. Ward,
0 of North Shields.
The prisoner went to the home of Mr. Ward, about
the beginning of June last, under pretence of going
out as Secretary to Admiral Saiimarez. After stay.
log a few days; he took a fancy to a horse of Mr.
Ward's, and enteted into conversation abort purely-,
sing him. Under pretence of trying the
,hisrse for a
few days, he hired him to go to Newcastle ; but in-
stead of going back to SI iields, proceeded to. the south,
and all knowledge of him was for a time lost. In
a short time after, Mr. Ward received a letter with-
out a date, but with the York post-mark, -enclosing a
bill for £2l, purporting to be in payment of the
horse. This bill was a fictitious one, fa. it never was
honoured. Mr. Ward, however, was enabled to
trace out the prisoner, by means of a trunk directed
to one Fitzpatrick of London; and he was taken
into custody, and brought down by a constable.
The facts were proved, and it appeared from the
evidence of a clerk in the Bank of Batson and Co.
that he received a bill of exchange from Mr. Ward,
to be sent for acceptance, as he was doubtful-of it.— I
It was sent to Glover and Co. and returned unaccep- '
ted. The banker's letter inclosing the b 11, when re- '
turned, stated, that they had no effects of the priso-
tier, :Rid that they wished to have no farther corres-
pondence with him.
His Lordship observed to the Jary, that if a man
made the hiring only a pretence for stealing a horse,
the person stood in the same predicament as if he had
stole the horse without any pretence, which is a capi-
tal offence. One remark was rather in favour of the
prisoner, viz. that an intimation appeared from the
letter of Glover and Co. that the person had once
had a correspondence with the house, from which it
might be interred, that the bill sent to Ward was not
altogether fictitious.
The Jury broug,bt in a verdict of Guilty.
His Lordship, on passing sentence of death, obser.
ved, that the attempt to convert the act of felonious-
, Ty stealing the horse into a contract, proved him to
be an ortail and dangerous offender; and that if he
did recommend him to mercy, he was nevertheless
sot a fit person tq remain in the country.

the mother was there roe alsoettliree minutes before,
I she died ; she desired us all to leave tbe way ; it was
avow 20.+1111POUT or THE TRIAL or aowdatoee- Mrs. Montgomery did so —I had an opportunity of
GObfEME, E$Q FOR THE MURDER Of HIS wire. hearing any thing—heard' n 6 conversation between
Counsellor GEORGE Wont opened the case as fol- i Mrs. Montgomery and her aunt—heard Mrs. Mont-
lows :—The prisoner stands charged with the wilful pinery in some time me, " open the windows, for I
minder,of his own wife, on the 13th day of November ,am in etrong labour"—she said, in some time after,
last. I would feel great difficulty in substantiating .. the Loan have mercy on me, let you all pray for
this charge, if this were the solitary instance of his me"—her mother was in the room at this time, andi
violence towards that unfortunate lady. Lam sorry to her two aunts; she uttered those last words about
he obliged to state, that the prisoner, forgetful of the 15 minutes after the first—the same persons vi cre in
duty which he owed to her, was guilty of the most the room then—after we laid her pu the pallete, she'
cruel acts of barbarity towards her; it will be fully l• died in about a quarter of an hour—while the mother
provedethat the prisoner had frequently pulled her was there, she never opened her lips more than what
out of bed by the hair, struck her then in the face; so I I mentioned before."
as to make her bleed ;at one time when the servants Bridget Jennings examined—Knows Mr. Widget-
of the house interfered, and thought to save her, he . 'fiery, and knew his wife—lived in their service about
took up the poker to destroy her, and then cried for eight months before she died—tired for four years off
downright vexation for not being able to do an act and on in his service as conk at different ploces.had
which must have produced the murder of his wife, opportunities of seeing the terms on which they lived
and his own eternal disgrace. It will be proved to —I saw him giving her a kick and throwingher down
you, that, on the 13th November last, Mrs. Montgo- off her chair ; that happened in the house, at break-
mery was in perfect health, when she parted from her fast ; I heard her screeching, and I went into. the par-
friends ; she dined with the prisoner that day, and lour ; I saw him give her a kick, and I took her up ;
after dinner they remained in the parlour, no person he took a poker to strike her, and I took it out of his
else in it but an infant child—that a servant went to hand ; 1 sots the right side of her face all red from
the room to take down some things, and that after he his violence ; this was a couple of months before I
had done his business, and was returning down stairs, left them.
the door was scarcely closed when he heard a stroke . Sibby Fowler—Knows the Prisoner, and knew his
or kick given, and immediately after heard hi% mis- wife—lived for three months a cook with them about
tress cry out, " Murder, murder ! —John, you have four months before the Lady was killed—during that
killed me !" He went down, and met the maid, time one night the Prisoner broke open the door—
who ran up stairs, and cried nut, " The vagabond took three pieces out of his door—he gave her a fist
has murdered my mistress." The midwife came, and in .the nose and bled her the same night—it was her
found her weltering in her blood. There was a message bedchamber door—he did not sleep in the room that
sent for Mrs. Groome, who was her aunt, and also time—they slept in different rooms for six or seven ,
married to the uncle of the pr.; solve- ; she came to the ; nights before that (!me—she had the child in the room
house, accompanied by Mir- Carl,erine Eyre : the only and he would not he with her—it was I handed her
words the untortunau 1 idy noered were, "John has the bason for her blood—this happened in Eyrecourt
murdered me—Goo foryivc him— I forgive him."— I—l was in Tullamore with them—she was in the
The testimony of the child will not be given, because drawing-room one night—l did not observe any other
the family did not wish to bring him forward as evi- instance of his ill-conduct.
device against his father—Mrs. Groome does not at. Mary Cottlaghan—Lived with Mrs. Montgomery
tend, although regularly summoned. Look now, gen- `on the 13th of last November—saw her that evening
tlemen, to the conduct of the prisoner subsequent to —saw her about one quarter of an hour before her
this unfortunate occurrence. If the deed was commit- death—before her death she was in excellent health—
ted in a paroxysm of rage, it is tobesupposed he would i sent me down word to go to the stable, and when I
have called some fit persons to her assistance ; hut, on i returned, I found my mistress stretchod on the rug
the contrary, he went to his servant, ordered his horse I in Jane's arms, near the tire-place—she appeared to
to be saddled, and remained a silent spectator of what me just pictured for death—she lived about an hour
WAS going on ; he found no person come forward to —never heard her say any thing only as thus, when
seize his person, an .1 the horse remained saddled dur- her aunt came about her she called nut to raise the
ing the whole of the night. On the next day someof the window, that she was in strong labour, and that they
lady's brothers caused him to be anested,and hadhim were all smothering her—this was very shortly before
confined; they wished to be satisfied in their own j her death—Mrs. Groome was in the room—never saw
minds, before they would put him on his trial. 'After I my master from the time he was in the kitchen about
his confinement he made his escape. Wheel he was put ; the fish, until be came into the room, and saw him
on his defence before the Coroner's Jury, be denied , throw himself on the topof the corpse—was examined
being present. I purposely avoid making any com- ,on the Coroner's Inquest—did not make use of any
ments. The finding was, that this lady cline to her ..expression myself.
death accidentally, but in t'ee presence of her husband. I Doctor Boyce cancel up :—be demanded his
visii-
I have now given you a general outline of the case tier, but was informed by the Court that no person
ion the part of the Crown ; if it shall appear to you who is examined as a witness in Crown business is
that the evidence which we shall produce shall not be " allowed by law arty compensation for attendance; the
sufficient to support the charge, I assure you I shall Agent for the Prisoner gave him some money, and
' rejoice at the acquittal of theprisoner, asalso will those !promised to give him some more, and he was then
respectable persons who have instituted this enquiry, examined by Mr. FINLAY.
!from a feeling that if they neglected to do so, they Is a Surgeon : practices midwifery, surgery, and
' worth' not have felt that they had done justice to the ! physic ; recollects he was sent for to examine the
memory of their sister, or to the public ; but if, on ihody of Mrs. Montgomery, and never was paid for
the contrary, you shall feel satisfied that we have I his attendance. A letter was sent from Mr. Richard
substantially pioved the charE;e, you will not, I am . Eyre by Mr. Barret, to send nee to see the body; she
convinced, shrink trim the performance of your duty,9 was dead, and lying near the fire-place ; this wet
however painful. about eleven o'clock ; I inspected the body ; it was
Bartholomew Connor sworn.—. Knows the Prisoner on Thursday morning ; I found a mark of violence
—lived with him as a servant on the 13th of No- along the belly and back ; the mark was a-discolour-
vember last—he lived at Eyrecourt at that time— ation of the skin ; it was on the lower part of the
!knew the Prisoner's wife—recollects when she died— body and the side ; I believe it was owing to a fall :
saw her on the evening of that day, between five and • it is a general observation, that the subsiding of the
six o'clock—saw her then in her own house—the Pri- blood leaves a mark after it such as I saw ; the dis-
soner and the child were in company with her—the charge from her womb was the cause of her death :
child was about four years old, his name was Robert the dispositions to hemorrhage are net only nume-
-there was no one else in the room at that time— rot's, but unaccountable to the wisest of us ; the at--
, this was the drawing-room up stairs—attended them fections of the mind are the most numerous and mut-
in the parlour that day, and left the glasses on the I tiplied causes of this hemorrhage; there are stages in
table, and when I was shutting the door after me, I gestation in which hemorrhage is particularly to be
gave two or three pulls, and I was going to walk away', !expected; these stages occur periodically, three times,
and I heard I thought it was a blow—the child was '!ahortly before the birth ; the hemorrhage is more
in a chair near the table—the Prisoner was near the violent during these three stages than at any other
chimney-piece standing up—my mistress was sitting time ; she was at the time of her death in that ad-
near the table with the child—l had not shut the ',fenced state of gestation in which those stages are to
door—was in the act of shutting it—l was after shut- be expected ; I know many cases where violent pas.'
ting their door, and I walked away—heard something sions or affections of the mind were the causes of
parlour like a blow, and heard a noise as if death ; the injitr'y appeared on the womb on the. out-
somebody fell down-1 heard my mistress cry out, side part, but not internal ; I have known it to be the
" Con forgive you, John—you have murdered me." case, that the hemorrhage has not taken place for
I went away from the door then—l met Jane M.Ctil. two or three days after the extreme violence was of-
loch coning down the stairs—she was the Lady's or fered ; I believe that in the present instance it was
child's maid—she came down near the drawing-room caused by a fall ; I saw a little blood in the womb,
door to the place where I was—she had been over the but the interval was separated ; I was not in the habit
of attending Mrs. Montgomery at her confinement;'
drawing-room—she went into the room where they,
were, after saying some words—she remained in while , I was in the habit of calling there; I know nothing
I was there—l did not go into the room, I was afraid at all :thou: her irritability, but if she was of an irri-
-1 went down stairs to the kitchen—l saw the pri. table temper, it might be that the irritation would.
stoner when 1 was walking from the maid—he walked cause this hemorrhage ;of the several possible causes
into the parlour—l did not see him al o r that until aof her death, I would think the external violence
would be Cie least probable ; in cases of such periodi-
quarter of an hour—it was in the next morn to the
• cal hemorrhage the life is in great danger, if assist-
drawing-room—bad no conversation with him, at the
m
time he came down to the kitchen, but in about `2O ease is not instantly given. In answer to the Court
minutes after that, when he ordered me to saddle the —from the best observations I made, I believe that
her hemorthage was caused by the fall ; the left side
mare, lie said, " it was a shame for Jane M.Culloch,
not to have told me she was so far gone ;" she an-
and the back were the parts which appeared to re-
steered, my dear, Mr. Montgomery, don't be in
calve most violence : my. reason for thinking that a
e.
fall was the cause, was because the whole of the side
trouble."—l did not hear any other conversation be-
tween them—l asked him what mare he wished for had marks of violence.
—lie said, the mare I brought from Ballinasloe—l Cross-examined by Mr. W. BURICE.—I saw her on
got a saddle and bridle, and she remained saddled all the day of the inquest—l remained the whole night
—the inquest was held immediately alter I examined
night— I was examined oa the Coroner's Inquest,
which was held the second or third day after-1 saw the body—think trom my study and experience iamight
be the case that irritation of mind might cause her
MTS. Montgomery dead, about an hour after I heard
death—l think it was occasioned by external violence;
the noise in the drawing-room—l was up stairs, and
at such a stage of her pregnancy it is particularly
when I came down it was then I met Jane M.Ctilltich.
dangerous to have any violence offered.
Mary Curley, a midwife, *is sent.for to attend
Mrs. M. on the day she died. At the time I was The defence closed, and the Judge having charged
the Jury, they deliberated for a quarter of an hour,
called in, I got her as if she was taken out of a tub
and then returned a verdict of Nov Gelyry ! ! I
of warm water—she tras all in a perspiration—
I considered by what they told me, that it was
At the Bristol Assizes a private of the Oxford Mi-
a fall she got; certainly if she got provocation,
litia, brought an action against his Captain for an
such a flow of blood would follow—it very often
ass. tilt with a drawn sword, which disabled hi; right
hairpens without provocation—to the best of my
opinion, it was from a fall the blood proceeded—
arm ; the private had, notwithstanding, since volun.•
I,was there at nine o'clock, and she was dead at ten ; teered his services for Ireland. The poor fellow ob-
there was a maid present when I went in, and that rained 85 damages.
was all ; while I was there Mrs. Groom came, and At the Special sessions held for the county of Lan-
her mother was there; I was about five minutes there, caster, the 16th instant, there were 101 insolvent
'debtors discharged under the late Act, out of 110,
wle.:n I sent for her mother and she remained there—
whe had given notice.

', - * •• *! POLlatte. „
!.
• ' r'"""TT
Brawn was .ctriTged_ yiitelaar, at Bow.
street, with breaking open the house of Mrs. Strat-
ford, in Wright-lane, Kensington., John Stratford,
the son of the prosoeutrix, stated, that he and his
mother art market-gardeners ; about twelve o'clock
at night they went to Covent garden with some g, ;ids,
and that during their absence their house was robbed
of several articles of plAte and wearing aprarel ; be-
fore he left home, he ascertained that all the window $
and doors were fastened. Charles Stratford, aged
14, nephew of top witness, said he went to bed. at his
grandmother's, about ten o'clock on Friday uight.--:
He was awokt by a noise, and heard the clock strike'
one ; directly after two men entered the room with'
lanthorns ; they had masks on ; one of them asked'
him where his mother (meaning his grandotOther).-
kept her money ? He replied he did nit know. TI
other presented n ?goot to his head, and swore i.
would shoot him ?ft,* did not tell w!)ete. the oe,:
was ; this man he believed to be the prisoner, a;
when the pistol was at his head, he observed that tl
man had on fingers, or mere stumps, about half the
length of the lower joints, which, however, had moo.
ral nails on them ; the prisoner being in this snte,
together with his voice, which is very hoarse, induced
him to believe him to be the man. While the otho-
ner was standing over him, the other man broke of ea
the drawers, and took the property out. He was
committed'for further examination.
Edward Poulin-, charged with a forgery on M,!ses.
Grote and Co. in the name of R. Roberts, was re-
examined ;and fully committed.
Yesterday, at Guildhall, W. Bradley was 'charged
by Mr. Rowlands, of King's Arms Yard, with stett-
ing a quantity Of plate. Mr. R. stated, that having
some suspicion of the prisoner he opened his plate.
chest, and missed a number of artioes.' An officer
was sent for, who took the prisoner into custody, and
found on him duplicates of the property missed ; also
a number of other dupliCates for plate pawned as -far
back as 1809. The pawnbroker produced three silver
waiters, six table-spoons, four desert-spoons, six forks,
and several punch and butter ladles ; together with
some plate of Mr. Tophara's, to whom the house be.
longs, and whose servant the prisoner is. He was
committed for trial.
J. Waite, a porter to a waggon ware-house in the
Old Bailey, was charged by Mr. Wines, with pro.
curing a number of blank tickets, and filling them up
with overcharges, on the persons to whom -he had to
deliver parcels. Mrs. Cair produced a ticket char-
ging her Bs. 7d. and Mr. 'Wiles said, he believed it
to be the prisoner's hand-writing, and that Mrs. Cair
had been charged a sixpence too much. • He had
charged a Miss Pnurnier, at tht London Hotel, Al-
bemarle-street, ISs. 4d. instead of 16s. Hfd. and a
Miss Wheatley, of Great Suffelk-street, sel 4s. sd.
instead of RI Ss. 2d. He was fully committed
Maria Israel, a Cyprian, was charged by Henry
Bennet, with stealing a ring from his finger, and a
gold tooth-pick out of his pocket. He, however,
was kind enough to say, that he did not want to pro-
secute her, it would not he worth Kr whit. IV At
derman (Arms) told him it was too late now, he

nate girl in her detente said, the prosecutor' picked
her up, and, after gi'ing her some gin, having no
more money, he gave her the ring and tooth-pick as
a sort of pau n. This Mr. B. denied, asid was sworn
on the New Testament. The worthy Alderman
seemed to hesitate considerably which he should be-
lieve ; however, Bennet baring sworn to the truth of
his statement, he at last ordered the girl to be sent to
Bridewell for a fortnight. The prosecutor had just
left the Court, when the Magistrate was informed
that he was a Jew, on which he ordered the girl to
be brought back and discharged ; observing that he
could not take the oath of a man who had denied his
religion, in swearing by a doctrine in which he could
have no belief.

Eleven Irishmen were on Monday brought to
Boston, charged with a violent affray at Swineshead
on Sunday, and, after an examination, two or them
were committed for trial, and the rest discharged.
Beautiful White Teeth may be regarded as one of
the greatest blessings Providence can bestow, without
which the finest formed face is imperfect; inattention
to the teeth and elms is the principal cause of an
offensive breath.—BuTLElol. V eetTABLE REsroaa.
TIV K Too•ru POWDER is a most elegant and certain
remedy for Rll diseases of the teeth and gums; its
particular qualities are not simply confined to clean•
sing the teeth, but will preserve them iq the highest
state of perfection ; it will render them beautifully
white, fasten such as may be loose, aid restore them
to their original purity, entirely eradicate the scurvy
in the gums, cause theni to adhere do. ,7 and firm to
the teeth, render them of a healthful red, and t!se
breath delicately sweet, relieve and cure tl:e most
excruciating tooth...lth, gnnn.biles, and swelled face.
—Sold whllesale and retail at Mr. Butler's, 4, Cheap.
side, corner of Paternoster-raw; and retail by Belani
and Sharp, Portsmouth; Hall and Johibon, Gosport;
Allnutt, Weston, Mallory and Jones, Portsea ; 'Frew-
! man, Exeter ; Cookworthv, Glen,,ille,' Gilbert and
Hoxbind, Plymouth ; Newbury, Dublin; Batman('
l M.Donald, Glasgow ; Smith, Manderston, Scott and
Cargil, Edinburgh ; Crutwell, Bath ; Ross and Peck,
Hull ; Gregson and Biliinge, Liverpool ; stains and
Lynch, Manchester ; Bowen, Norwich ; Knott and
Lloyd, Birmingham ; Gregory, Brighton ; and west
Medicine Venders, in Boxes 2s. 9d. each.

ECCLESIAS f ICAI. PROMOTIONS.
The lord Chancellor kas presented the Itev. Wyndit
KnatchNuU, so of Sir Edward Knatchbull, Bart.ts the R.Lt •
of Wrstbern in Kent.

The Prince Regeat has appointed the Rev. Edward MITA.
Vicar of Carntrerwell, Surrey, one of Ida Royal Highnesv's
lains in Ordinary.

stilt I Hs.
Tuesday lair, at her house in Montague-place, Russell-square,
the Hon. Mrs. Jahn Vaughan, of a son:
Lately, at Blackheath, the wile of Captain 1. H. Gedby, of the
Royal Navy, of twin daughters.
Thursday, in Chapel-strevt, Grosvenor-place, Mrs. W. S:rick-
dale, of a daughter.

MARRIED.
Wednesday, the Rev. John Grover, of Rainhani, Norfolk, to
Harriet, second daughter a Capt. lhcklusoa, R. N. ut liranibla
bury, near Woolwich.

MOH WATER, AT LONDON NUDGE TO.MORRO We
M0rni0g.»...... ......
Alterman .....
•

a.1)"1.)0 i• MEW mitt puthiluAre D I..av .s• ,At "U. ittV,
giaaterrlane. mad at the Oases Temple bar.