Star.
London, England, 1826-08-07 00:00:00

'the truth of the ireelous as it appeared to be written
by some of the perdue 'Tivoli am&a shrsat was he* out to
DewsPaPM4loerlitylsitthey did not Contradict the former .nceount.
We have this week seeeive42. oommunicatios frost a very respret
ibk correspondent, ;midis* seat the spot. corroborating in all the'l
main points the horridk narrative given by the Se/sysien Journal; and
though there might.be scarcely a line of truth in the whole tale, the
acts of unnatural cruelty to which the poor sufferer was exposed,
art not only confirmed, but aggravated. Relying upon the veracity
of our correspondent, we shall insert his conintunication verbatim,
regardless of the threats held out in order to prevent this horrid I
transaction from being brought to light ; • .
" ' The account of an atrocity discovered on the borders of Shrop-
shire, as copied in the Birmingham Journal from another paper, is
not in all its particulars quite correct. The circumstance is no
secret, since it is made the general topic of conversation through.
out the neighbourhood. Mucklestone wood is situated about a I
quarter of a mile front the Loggerheads public-house, at which the
two turnpike roads front Eccleshall to and from Newcastle to
Market Drayton cross each other • and the house whicilt is large,
and of respectable appearance, is inhabited by two bachelors and a
maiden sister, of the name of Smith, and the lunatic is their elder
brother. The communication was first made to a Mr. Rid, brother
of the Magistrate of that name, and he, with the Rev. H. D.
Broughton, a Magistrate of the neighbourhood, accompanied by a
constable of Mucklestone, broke into the garret, where the lunatic
was confined. The cry which he uttered on beholding the light
was that of horror, but it does not appear that he hit the constable ;
indeed, such was the stench that issued from the room, that the
parties could not enter for some time, and when they did so, it was
by ascending a pile of filth which had accumulated to the height
of more than a, foot. His body is not overgrown, as absurdly stated
in the Papers, but his beard is about five inches long; his hair
bangs about his shoulders, and his nails have grown to a prodigious
length, as from a confinement of fifteen years may be reasonably
supposed. Prior to the time of his incarceration be was so far
rational as to drive the cattle and do errands, and could give a cor-
rect. answer to any plain question, though he now seems to have
lost the powers of speech and of reason; his sense of bearing has
been proved to continue, by experiments made since his removal to
the county asylum at Stafford. The poet creature was found in a
state which maybe considered ettuivalent to nudity, and was unable
to walk erect. His thigh has been broken, and permitted, it is sup-
posed, to re-unite of its own accord. This circonstaace must have
rendered his situation most deplorable, as he cannot have had any
means of procuting sustenance, but that of receiving the provision
furnished him by meads of a slide inserted in the partition or wall
Mr. Broughton, with becoming humanity, has exerted himself to
obtain for the lunatic the highest legal advice and protection, and it
is generally understood that his conduct is likely to afford matter
for the prolific genius of Mr. Charles Flint, the confidential friend
of Lord Stafford Cooke. Such are the correct particulars of a case
which, to say the least of it, has filled the county of Stafford with

Was there, continued Mr. Campbell, ever cnnceived a
more atrocious compilation of libels, than these publica.
tions disclosed? And how had the charge of inventing
and circulating them been met? By apology, by con-
trition, by qualification, or explanation ? No, but by
justification of all the material and prominent parts.
Here Mr. Campbell referred, in detail, to the justifica-
tory averments, which, he repeated, contained a reitera-
tion of all the worst parts of the calumny, and an ad-
mission of error in minor and insignificant parts of the
statement, which did hot mitigate the general falsehood
and baseness of the attack. The question for the Jury,
under these circumstances, was, what damages they
ought to give by way of compensation for so grie-
vous an injury ? A charge more merciless, more
brutal, or more false could not be well made, to
impute to brothers and sisters, moving in a respect-
able rank of life, such cruelty to a near relative,
and for mercenary motives, was a shocking accuse,
Lion, and necessarily calculated to- stigmatise the
honour of any human being in the tenderest point.
This action was therefore brought, not only for the re-
covery of damages, as a ,reparation for wanton and
unprovoked injury, but also for the plaintiff's restora-
tion, as a man of character into society. He challenged
the defendant to prove, by credible evidence, a syllable
of his justification, for the whole charge of cruelty was,
from beginning to end, the invention of his fancy, the

_...ang t._
pt _ having behaved to his brother, from the first
moment to the last, as a humane and gopd man
would and ought to behave to a relative who bad
the misfortune to be deprived of reason and the power
of self-control. If his Learned Friend should venture
to call evidence, he (Mr. Campbell) would have the
privilege of reply; if they did not, then he left the case
in the hands of the Jury, to which he knew he could
safely entrust it.
Idr. J. Abbott, front the Stamp Ogee, merely produced the all-
davit to show the proprietorship of the paper, and also the particu-
lar numbers of the lesoisol alluded to.

The Associate read from the alleged libels. An ob-
jection was taken by the defendant's counsel to the
I omission of the word "him" in the record, in the line
where it is said "his hair had grown all over." The
Learned Judge did not think the variance material, but
hinted at the informality of another variance suggested
to him, where the word " make" was used instead of
" making" a horrible noise. This applied to the first
count merely.
After &great number of witnesses bad been examined, the plain.
tiff's cue was closed. It had lasted from a quarter before nine
o'clock in the morning until nearly ten o'clock on Saturday night.
A long discussion then arose between Counsel and
the Court, about an adjournment. It was on ell hands
admitted that the trial could not be carried on further
at this sitting, and that the Jury should remain at
large; but the plaintiff's Counsel wished to proceed in
due course on Monday. morning, but this Mr. Justice
Bonitos:Km would not permit, as an important special
jury cause was already fixed for Monday, to which Mr.
Scarlett and Mr. Serjeant Wilde were to be brought
special from their respective and distant circuits. It was
pressed upon the Court that the cause alluded to would
last two days, to which it was answered from the bench
that the present cause must then be adjourned till Wed-
neAlay morning, which was done accordingly. There
are upwards of 40 causes on the list unheard, and they
are all thrown into confusionfat an immense expence to
the respective suitors, by the situation on the list of those
long causes, which will last until Thursday next, ac-
cording to the most probable computation. .
Counsel for the plaintiff in Smith ti Hodgett, hid Campbell, Mr.
Talluurd, and Mr.Whateley ; for the defendant, Mr. Taunton, Mr.
Musa, Dlr. Phillips, and Mr. Godson.

BOD Auayse 3.
EARL Or TALNIOUTIf V. PENROSE AND OTHERS.

This.was an action founded on the presumptive right
to toll, the toll being the second best fish, and the worst
fish, caught in each boat fishing in Sinnon cove, within
the manor of Penro e, of which the Earl of Falmouth
is the Lord. The tight in dispute referred of course
principally to the second best fish.
The plaintiff contended that the toll was payable for
the leave given to fish in the cove. This the defendants
denied, contending that it was merely a compensation,
by long :Rage, for the use of a rope which the proprie-
tor of the cove had toimerly kept across the mouth
of the cove; for the accommodation of the fisherm,n,
who were accustomed to fasten their boats to it. The
rope had 'wen for some time discontinued ; and upon
this the defendants jusefied their discontinuance n'•t, as.
they said, of the toll, but of the voluntary compensation
far tf:e use of the rope.
_ .

The evidence wasaltngether that of living persons ;
and was offered upon the cpiestion whether the toll was
"r was nct payable by immemorial custom for the right
to fish. This consumed the whole of the day, and in