Star.
London, England, 1821-05-23 00:00:00

LAW INTELLIGENCE.

COURT OP KING'S BENCH, MAT 21.
BLUNDELL D. CATERALL AND OTHERS.
This was an action of trespass. The trial took place
before• Mr. Justice BAYLNY, at the Assizes for the
County of Lancaster.
Theplaintitwas Lord of the Manor of some pro-
perty on the banks of the Mersey, in the neighbour-
hood of Liverpool, and claimed the exclusive right
to its use. The defendants claimed for themselves
and the Public a right to bathe in the River. The
facts were not disputed, and the parties agreed to
draw up a special case, to be argued in the King's
Bench. The case came on for argument to-day, and
the main question was, whether the defendants had
a common law right to that space of the River be-
tween the high and low watermarks for the purposes
of bathing, or any other business or recreation ?
Mr. GREGSON, in support of the' private and exclu-
sive right of the plaintiff, argued the case at consi-
derable length, and died largely from Bruton, and
Lord Hale (k jure math, and-Dallas on Sewers, with
various other authorities.

Mr. JOY assimilated the River to a highway, and
contended, that the whole space between the high
and low water-marks were publicijuris, and had been
so considered from time immemorial. He submitted
that the authorities cited by his Learned Friend, Mr.
Gregson, did not apply to the present case, and 're-
ferred the Court to several decisions in support of his
line of argument.
The Clime Jusuce observed, that the question
had been very ably argued on both sides, and that
the Court felt much obliged to the Learned Gentle-
men, who, after great industry and -research, had
come prepared with so much valuable learning to
the discussion of the point.—Judgtnent was deferred
to a future day.
COURT OF COMMON PLEAS, DUBLIN, MAY 19.

HIGHCOURTVADMIRALTY,EDINBURGIL

SHIP

LTHIER PARTICULARS.

;Felonious Sinking of Vessels, for the purpose of defrauding
the Owners of the Cargoes, and the Underwriters at Lloyd's
and Glasgow.]

The Court met on the 12th May, at two o'clock,
when the Jury delivered in a written verdict, finding ,
M,Dougali guilty at•commonlaw.of procuring man-
ners to sink the vessel called the Friends, with the
intent of defrauding the owners of the cargo and the
underwriters. After hearing Mr. MURRAY in miti-
gation of punishment, the Juioa ADMIRAL pro-
nounced sentence, ordaining the prisoner to be trans-
ported beyond seas for life.
There must have been considerable diversity of
opinion in the Jury on this case' as they took three
hours and a half to make up their verdict. Had
M,Dougall been brought in guilty under the statute
on which be was indicted, he must have been sen-
tenced to death; but the Jury having brought in a
special verdict, only finding him guilty at common
law, the punishment ceased to be capital, and banish-
meat for life was the highest punishment the Judge
could inflict. Tke following is the clause in the Act
under which M'Dougall was indicted :

" That if any Owner of, or Captain, Master, Officer, or Mari-
ner, belonging to any ship or vessel, shall, after the first day of
September, in the year 1789, wilfully cast away, burn, or other-
wise destroy, the ship or vessel of which he is Owner, or to
which be belonged, or in anywise direct or procure the same to
be done, with intent or design to prejudice any person or persons
that bath or shall underwrite any policy or policies of insurance
thereon, or of any Merchant or Merchants that shall load goods
therein, or of any Owner or Owners of such ship or vessel, the
person or perssns offending therein being thereof lawfully am.
victed before any Court competent to the trial of such crimes,
in that part of Great Britain called Scotland, shall suffer death,
as in other cases of capital crimes."
Two objections were taken to the applicability of
the Statute. The first was, that the Court had not
the best possible evidence of M'Dougall being a part-
nerin the vessel, the voucher presented in proof of
this material fact being a copy of the ship's mike,.
I in place of the register itself; the second was, that the
Act confines itself to " Owners," whereas M'Dougall
was only a part owner.
The Jury found that M'Dougall's case did not
come under the provisions of the Act, and accord-
ingly restricted their verdict, and saved his life.
After sentence was pronounced, the Court next
proceeded to the trial of the same John M'Dougall
and Archibald M'Lachlan, for robbing and sinking
the Mary, ofGlasgow, in June last, when M'Lach-
lan pleaded Guilty, under the common law, and
was sentenced to transportation for fourteen years.
Nl.Dougall pleaded Not Guilty, and the diet was
continued against him to the 11th of June. It is not
supposed that the trial will be proceeded with.

iday afternoon an attempt was made by a num-
ber of the prisoners confined in the Bridewell of Edin-
burgh to break out. They knocked down the Keeper,
and succeeded in possessing themselves of his keys.
An instant alarm was, however, given, and the delin-
quents were speedily overpowered, and again secured,
with the exception of_ one man, who escaped in the
confusion.

Friday evening, the notorious David Haggart, ac-
cused of the murder of the Jailor at Dumtries, was
conveyed to Edinburgh, in custody of some Sheriff's
efficers, and safely lodged in jail. He was heavily
ironed, but appeared not at all impressed with a
sense of his crimes.

Swan, who was executed for forgery at Glasgow
last week, is said to have told one of the town offi-
cers, on the morning of his execution, that he was in
the hay-loft along with the Cato-street conspirators,
and made his escape by a back window.

A fellow, named Howlett, was publicly whipped
yesterday morning at Camden town, for stealing
pewter pots, of which offence he was found guilty
at the Old Bailey last Sessions. He used to dress
himself in the garb of a pot-boy, and call at people's
houses for the pots belonging to the publicans by
whom he knew them to be supplied. He was flogged
a measured distance of 100 yards.

Bow-STILECT.--Tin HIRAI BAY SIALTOOLIAL—Yesterday, Web-
ster and Styles were re-examined, when Howman and Smith, who,
in addition to Griffiths, were admitted as evidences, were con-
fronted with them, and both swore that Webster was of the
party, but neither of them were positive as to Styles. He was
therefore discharged, and Webster fully committed.

BUYING HORSES AT Eataa.—By the 31st of Flit.
c. 12, every person purchasing a horse at a fair or
market may have a description of it, and the price
paid, registered by the Clerk: in which case, if it
prove to be stolen, and the owner should claim it
within six months, by repaying the money entered
on the Clerk's book, within forty days from the time
claimed, the horse must be restored; but if no entry
be made, the person from whom the horse may have
been stolen may take it at any time, giving the pur-
chaser no recompense.

ACCIDENT.—A dreadful accident occurred on Sa-
turday afternoon on the Surrey-road, near Kennington
turnpike. A Gentleman's groom, who was conduct-
ing an extra horse, suffered the animal to get before
him and the horse he was riding upon, when, in at-
tempting to draw him back, the animal made a des-
perate plunge, and with his hind legs drove in the
ribs against the heart of the unfortunate goom, who
instantly dropped dead from his seat. He was im-
mediately taken to the Hospital, but the vital spark
was gone. The deceased was mach respected by his
employer, with whom he had lived upwards of eleven
years.—lt may be here necessary to observe, by way
of caution, that horses in general when being led,
become vicious, or rather playful, and persons will
then do well to keep at some distance from their heels.

CURIOUS CtecuiesTANce.—A mastiff bitch, be-
longing to a butcher in Greenock, had a practice
of hiding a part of her provisions in a hole in an
adjacent wood. Her store was lately plundered,
and it appears the bitch had discovered, by the smell
round the place, that the theft had been committedby-pointers,
by- pointers, as he has ever since had a strong- anti-
pathy to pointers, and attacks them on every oppor-
tunity. A Gentleman wished to have some pointers
nursed by her, and for this purpose her own pups,
which she had had lately, were drowned, and the
young pointers put in theit place. On the following
morning, when the Gentleman came to see.his pups,
he discovered to his astonishment that they had been
devoured by the mastiff bitch, and nothing remained,
of them but the claws of the feet.