Star.
London, England, 1826-07-26 00:00:00

Tilt KING V. SIR =WIN RAYNTON SANDY*, DART.

This was injadictment, on the prosecution of Wm.
Jones, Esq. Marshal of the King's Bench Prison, against
the defendant, for escaping from the rules of that prison,
within which be had been confined in execution for debt,
at the suit of Charles and Henry Bird. The indictment
contaiaed several counts, to which the defendant
pleaded—Not Guilty. . _ _

The case for the prosicutinn being closed,
Mr. ADOLPHUS and Mr. finopetitmt contended, that
these WAS no Lase made out. The indictment averred,
negati►ely, that the defendant had ►oluntarily escaped
without the lea►e and licence of the Marshal, or of his
execution creditors. This a►erment had not•been proved,
and in the absence of such proof the psesumption was,
that the defendant had lea►e and licence; in which case
the indictment must fall, e►en assuming in point of law
(which was denied), that an escape from ci►il process
was any criminal offence.
Mr. Bsu.axp and Mr. LAW were beard, contra ; but

Mr. Justice HOLIIPYD thosght the onus of proof lay
upon the defendant to thew that he had gone out of the
rules with the leave and licence of the Marshal, or of
his creditors, eves supposing that such a licence would
be any answer to the indictment ; which, his Lordship
thought was at least doubtful, inasmuch as neither the
Marshal nor creditors had power to pant such a licence.
Mr. Ami Pro then addressed the Jury to an able and powerful
speech on behalf of the defendsoe,
After which the Learned Judge summed up the case.
and told the Jury that, assuming it to be true that.the
defendant bad broken the rules for the purpose, and with
the motives, suggested in the defence, it would be no
answer to this indictment. If the Jury believed the
witnesses, it appeared to him that the case had been
made out.

The Jury found the defendant Guilty.
The Learned Judge then suggested, that the justice of the ease,
and the object*? the prosecution, would probably be atuined if the
judgment were respited.—To this the Counsel for the prosecution
acceded.—The Assizes ended this evening.

EXETER, JULY H.

John Profit, aged 38, lhornas does, aged 18, and
Peter Avery, aged 30, one being a barber, another an
apprentice, and the other, we believe, a shoemaker,
were indict•d for riotously assembling with many
others at Woolborough, and making a great noise
and disturbance there, on the 14th of November
last. Ihis was a prosecution ordered by the Board
of Excise. It appeared that a person named Taylor
had given great iffence to many persons at and near
Woolborough, by giving information against a man
who was charged with selling cider without having any
licence. A mob in consequence assembled (among
'whom the prisoners were prominently active), who
shouted out before Taylor's house, threateaed-destruc-
, lion upon all informers, and burnt 'Taylor in effigy.
The prisoners expressing their regret at their conduct,
and the Crown officers declaring that nothing was de-
sired by the Excise but due and lawful protection for
its officers, and those who were concerned with the
discharge of its duties, the prosecution was trot pressed;
and a verdict of guilty was taken by consent against
two of the prisoners, wilts were bound in their own re-
cognizance' for their good behaviour, and a verdict of
acquittal by consent was taken as against the other.
Antoine Jouph, a Portuguese sailor, was indicted for
stealing 138 sheep, the property of William Bond. The
prisoner, who seemed in appearance and conduct to be
an unhappy maniac, was discharged only a few days
Ago from the Exeter Briiewell. The nest day he was
seen driving the sheep in question along the read; and
in the coarse of conversation itli a tar, mer, he arcied
to sell them svgs. a-piece. The fa. met temporized with
him, and having got the sheep safe into his yard, he
secured the prisoner. Triere seemed to be no doubt of
:hr./sour creature's disorder of mind, and the Jury, under
the Judge's direction, acqtri.tcd hum on the ground at
insanity ; and he was ordered into confinement.
Robert Marshall, a grit 1 9; - w s indicteJ under the act
.zeners,ly called 11r. lsaukes's Act, for being between
•ur and five in the monists rsf the fish-of February. in
,an enclosed groend, at Plympton, belonging to the

. . . .
Earl of Morlob armed with a ion, with intent to
'kill game. •
Tne keeper:Swore to the fact of finding the prisoner
in the copse, and seeing him fire at a pheasant. A
scuffle ensued between them ; but the prisoner.thade a,
desperate resistance. and made his escape. He was not,
taken until the 17th ins,. There was no doubt about
the fact, the prisoner admitted it ; but the question was
as to the time. The keeper swore it was before five
o'clock (that being a material fact under the Act of
Parliament), while the prisoner declared it was nearly,
seven o'clock. He called his mother, who swore that
he did not leave his home until half-past six.
The Jury returned a verdict of guilty between fire and si; ; hut
after five in the morning in question. This, the Leatood Judge
told them, amounted to not guilty...—Verdict accordingly.
The prisoner was again indicted far assaulting James
Roach, the keeper, on the occasion above referred to.
There was no doubt that much violence had happened
to the keeper, who received a blow on the foreheld
from Cie prisoner with the butt end of his gun, which
had nearly killed him. The prisoner, however, reed's
minated, declaring that the keeper had struck him
severely first, and that he had only struck again in his
own derenc

The Jury returned a verdict of Gioilly.—Sentenee postponed.
Jones, alias WiNan Merrifield, aged 21, Robert Hillard, aed 111.
Thanes Pollard, aged 18, and Thomas dirworthy, aged 22, were con •
victed of stealing seven silver table spoors, value 51. the property of
David Appleton, kt Devonport, on the 20th of June bait, in the
dwelling house of the said Dovid. There was is fact of any imp/n-
-once in the case. - Sentence of death was retarded only.

NEDAWAY o COHAN, CLERIC.
Mr. Serjeant %Lot stated that this was an action
brought to recover compensation in damages for false
imprisonment for twelve weeks in the county gaol in
Devonshire. The defendant, Mr. Coham, a Clergyman
and a Magistrate, resided at Coham House, in the pa-
rish of Black Tort rington, in this county. Toe plaintiff
was a farmer, living near Mr. Coham. Having some
agreement with his landlord respecting some ground
which he held from him, in a place called the Chilly
Xstate, he undertook to deliver it up if the under tenants,'
to athom he had let it, surrendered it to him. Amongst
the utuier tenants was one named Strong, who; saet
some hesitation, consented to surrender his part of the
land, if some dues were paid for him. Subsequently
all the other tenants consented to deliver up their
tenements, in order that the plaintiff might be
enabled to surrender it to his landlord. A meeting.
of all the tenants took place, and the defendant was
made acquainted with all the circumstances of the
settlement, by which the under-tenants agreed to
deliver up the lands to Redaway. Strong after-
wards objected to this agreement, and the cause
was a second time brought before Mr. Cohan], on a
claint for poor rates, and a balance of rens. due to tie
head landlord. Strong again agreed, and Redaway
naid the rate.. Opt St,ong's going bact the second time,
Redaway, considering him bound by his agreement,
went to take possession of the land, and threatened to
seize and impound atrong's cow, as damage feasant on
the land. Strong told Redaway, that if he seized his
cow, he would run him through with a pitch fork,
Redaway having paid his money according to agree-
meat, thought he had a right to the land ; he therefore
proceeded, early on the morning of the 4th May, 1825,
to the lands, and finding the cow of Strong, drove her
to the pound, of hich the head landlord, a man named
Dennis, was the keeper. Dennis observed that the gate of
the pound was broken, and offered to put the cow into his
stable..,Redaway told him the amount of the damage on
which-he might properly release the cow. Strong's wife,
with a constable, armed with a warrant, came soon after
to apprehend Redaway, as if he had stolen the cow.—
Redaway, Strong, his wife and others, went before Mr:
Coham on' this charge. Mr. Coham refused, on that
occasion, to hear Redaway's defence, and ordered him
to be confined that night, and that the parties should
c ime again next morning. No sooner did Mr. Coham
see Redaway than he announced to him the intention
which he afterwards carried into effect. Redaway, said
he, I shall send you to gaol ; and on the defendant tisk-
mg some question of Strong, the plaintiff, addressing
Mr. Coham, said, " Sir, you seem to know all the cir-
cumstances already. I shall tell you my case, and have
witnesses here to support what I say; my landlord is
present as one of my witnesses." Mr. C sham refused,
however, to hear the evidence, and upon an ex parte
statement sent this man to gaol on a charge of felony.
Mr. Co.ham previqusly sent a letter to the gaoler, inti-
mating that Strong was " a bad man." Alter the man
was committed, Mr. Cnham set about getting evidence
against him. He took the deposition of one witness ;
but never until the Sessions, as a Magistrate. He was
bound to say, this was a most unjustifiable course.—
Magistrates were bound to send all examinations to the
Assizes and Sessions, that the Judges and Chairman
might peruse them. This was neglected, however, in
the present vase, but a bill was sent before the Grand
Jury, which they very properly ignored. Mr. Coham
afterwards met one of the witnesses at Exeter. He asked
him what brought him to Exeter; as he had withdrawn
his recognizaaces. The witness said, he came up to give
evidence, and he did not know that his recognizances
were. discharged. Mr. Coham afterwards said, he 'cis.
took, when he said the man's recognizances were dis.
charged, and advised him to go again to Exeter, and
gave him a pound note to carry him there. Reclean),
was discharged. Mr. Coham knew well he was not
guilty of felony. If he was able to prove these facts,
and that there was no reasonable ground for the plain-
tiff's commitment, the Jury could not refuse him a
verdict. But if Mr. Coham sheaved that his conduct,
'though erroneous, was still 6oaA fide, and to the best of
his judgment, in the honest, though Mistaken discharge
of his duty, he would tell his client, " Yes, you have
suffered; but it is more beneficial to society that you
should suffer, than that a Magistrate should be con-
demned for an error of judgment; for to err was a
misfortune incidental to human nature."
After a long trial the matter was settled by arbitration. a Juror
having been withdrawn.

Mr. ALLEN, who was the bearer of the favourable
intelligence from Greece in yesterday's STAR, is a fine
athletic young man, of very striking appearance, and se
enthu.iastic in the cause of Greek independence, that he
has abandoned the comforts of his native home to tender
his voluntary assistance in that great • work. He has
been eng aged in it nearly two years, without any pay or
prospect of pecuniary advantage, and no hard hips of
privations have been sufficient to divert him from his
purpose. lie has been of infinite service to the Greek'
in laying the foundation of a better system of naval tac
tics, having int, oduced on board the ship he served in a
code of signals, night watches, and other essentials of
larval dirctpline betor e unknown. Hereturns in a few days
to Greece, and. will be intrusted with the managemea t
rf a portion tat the subscription raised in- Paris ftw 'the
,ansom of the prisoners who have been taken anJ re.
.tacgsl to slavery by the Turks in varilus places.