Star.
London, England, 1818-07-31 00:00:00

A jSIZE.§.

MAIDSTONE, JULY 29.
,CIVIL SIDE.-THE KING V. REPS AND THREE OTHERS.

This was an indictment against Rees Rees, Wm.
Edwards, George Wright, and John Porcher, for
assaulting and falsely imprisoning two marines,
named William Balls and William Vasey, at Chat-
ham, on the 6th of August last.
The prosecution was carried on at the instance of
[ the Board of Adm'ralty, and conducted by Mr. Ser-
jeant ()snow, and Messrs. MARRYA r and GURNEY.
It appeared in evidence, that the first defendant,
Mr. Rees, was a linen-draper at Chatham, and the
other defendants were his servants. At eleven o'clock
on the night of the 6th of August, the prosecutors,
were walking on the pavement near Mr. Rees's door,'
and one of them happened accidentally to touch the
arm of Mr. Edwards, one of the defendants, whilst
he was speaking to a female. This produced some
abusive language on both sides, which ended in an
attack by Mr. Rees upon the marines, aided by the
other defendants, except Wright. They were knocked
down, beaten and kicked violently, and afterwards
taken to the case, and Balls was subsequently con-
fined for about fourteen days in the hospital, in con-
sequence of the bruises he received.
Mr. ADOLPHUS, with whom was Mr. CHITTY, ad-
dressed the Jury with great ingenuity and eloquence
on the part of the defendants, and afterwards pro-
duced several witnesses, the effect of whose evidence
was to shew, that the prosecutors were the aggres-
sors—that one of them had drawn his bayonet, and
wounded one of the defendants, and behaved other-
wise in a violent manner, which rendered it neces-
sary for the defendants to act on the defensive.
The case went to the Jury under the directions of
the Learned Judge, and all the defendants were found
guilty, with the exception of George Wright.

TILE KIND V. SMITH.
This was an information against the defendant, at
the suit of the Attorney-General, for assaulting Ni-
cholas Roubilliard, an Officer of the Customs, in the
execution of his duty, at Deal, on the 17th of Octo-
ber. Mr. Stir= ONSLOW, Mr. MARRYAT, Mr.
GURNEY, and • Ir. ROE, conducted the prosecution ;
and Mr. ADOLPHUS the defence. _ _ _

The facts of the case were these :—Mr. Roubil-
liard, now a Lieutenant in the Navy, and Mr. Peate,
also a Lieutenant, an?. both belonging to his Majesty's
'ship Severn, stationed at Deal, were sent in pursu-
ance of a deputation from the Customs, aided by ten
men, to search a lugger, in the act of landing, and
supposed to contain smuggled goods. In the attempt
so to do, the defendant attacked Mr. Roubilliard,
and struck him a blow on the breast, which made
him stagßger several paces.
Mr. oubilliard's evidence was corroborated by
Mr. Peate, and the defendant was found Guilty.

SPECIAL JURY.-WYATT v. SIR C. HOSTE, S. C. B.
This was an action against the defendant, as repre-
senting the Commissioners of the Navy and Ordnance
Departments at Sheerness. It was argued, that the
action should be brought against him, instead of the
Commissioners.
Mr. Cunwoon stated the pleadings, that the plain-
tiff complained of the defendant tor trespassing on
the waste of his Manor of Minster, and taking away
the gravel of the beach ; to this it was pleaded, that
the place in question was the property of the King,
and that the defendant committed the supposed tres-
pass as the servant of the King, and by his command.
The plaintiff denied this right, and asserted the place
to be his own soil and freehold.
Mr. GURNEY then stated the plaintiffs case, which
was, that the Commissioners of the Navy and Ord-
nance had taker. the sea beach from the shores of the
Manor of Minster, for the purpose of ballasting the
King's ships, and for mangy` years they had paid the
Lords of the Manor of Minster for this privilege;
but of late years they had refused to pay for it, and
the only question now was, how far the waste and
sea beach of the Manor extended? The plaintiff
claimed it as high as high-water mark of ordinary
spring tides ; and the defendants contended that it
was as high only as the high water-mark of ordinary
neap tides. This was the only question to be tried,
and he should shew a usage for a series of years, that
the lords always claimed a dominion as far as the
plaintiff claimed.
The title deeds of the Manor were then put in, de-
ducing the title of the plaintiff from the dissolution
of the Monasteries, in Henry VIII.'s time. Then a
series of leases from the Lords to certain persons, de-
mising the copperas stones found on the beach be-
tween high and low water-marks. Next several con-
tracts from the Board of Ordnance itself, agreeing
to pay for the shingle they took for the ballasting of
the King's ships ; lastly, several witnesses, who spoke
to an unvaried usage of all persons taking the beach
paying an acknowledgment to the bailiff of the Lord
of the Manor; and that the grant had always been
taken as high as spring tide at high water-mark.
Mr. Justice Assorr asked the King's Serjeant
(OwsLow) if he meant to controvert these facts? who
admitted he could not.
The Learned Judge then said, he was clearly et
opinion that the law was in favour of the plaintiff.
Verdict for the plaintiff—the damages were refer.
red to arbitration.

CRIMINAL SIDE.
Thomas Farrier was indicted upon the Coroner's
Inquisition, (the bill for murder having been thrown
out by the Grand Jury), for manslaughter, in killing
Henry Richard Daniels, a child of three years and a
half old, at Mingeham, in this county.
The witnesses for the prosecution stated, that the
prisoner had married the mother of the child, who
was her son by a former husband ; that on the 4th of
April last, the child having given some cause of of-
fence to the prisoner, he shook it by its two arms,
asking the child, at the same time, if he was not
ashamed of himself? The child answered " Yes,"
and almost immediately after fell down, when it was
observed that its eyes were fixed as if in convulsions.
A surgeon was sent for, who arrived about two hours
after, when he found the child in a dying state, hav-
ing symptoms of concussion of the brain, and it died
in about forty hours after. A physician also atten-
ded, and coinciding in opinion with the Surgeon, di-
rected the head to he opened. when an extravasation
on the brain was discovered, which he considered
causal the death. Both concurred that the shaking
only could not have had that effect.
On c oss-ex uniiiation by Mr. Por.t.ocu, r•ho was
Counsel for the rruorcr,• Appealed that the shaking

Sias not so violent as to excite isty otisiiiition; that
the prisoner wilt habitually fond of the child; and
kind to him, and was much grieved at the occur-
rence.—He was therefore acquitted:
MAYO ASSIZES, JULY 20.
Thomas -Gilroy, on the first day of, the Assizes,
pleaded Guilty to the indictment charging him with
the murder, on the 6th of January last, of thomas
Wallace, near Killala, in this county. His plea,
through the humanity of the Judge (the' Solicitor-
General) was not then recorded ; and he was again
put to the bar on Friday, and the prudence of with-
' drawing his plea and standing his trial was, by order
of the Judge, submitted to him.
The prisoner, however, replied, that he could not
with safety go before his GOD if he did not confess
the crime he had committed.
The Judge, evidently affected, still wished and
urged the prisoner to accept the advantages which a
trial might possibly afford him; and, after a good
deal of very anxious entreaty, he at length consented,
saying...." Let it be so; although I have comini.ted
the crime, perhaps the great Gon may yet, in ca e I
should be acquitted, afford me an opportunity to
atone for it."
He was accordingly put upon his trial.
Goding was then sworn.--He said he was Car-
rying tobacco for hire on the night of the murder for
the deceased, Wallace ; that Gilroy passed by them,
and came behind Wallace, and struck him three
blows with the shaft of a spade on the head, which
rendered him speechless. Witness did not see the
blows, but when Wallace screeched he looked back,
and Gilroy said to witness—" You and I are in part."'
Witness said he had nothing to do with it. Prisoner
took home the tobacco, and witness did not strive to
take it from him.
The prisoner was asked if he had any questions to
put to the witness? and he replied, that he had no
wiestions, nor any thing to say for the purpose of
saving his life ; but observed, that the witness did not
tell the truth; that Wallace would not be killed but
for him; that lie (prisoner) gave him but one blow,
and that one went through-his heart; that witness
then said the business was not done at all, and that if
he (prisoner) did not finish it, the witness would, and
thereupon gave him the two other blows.
The Jury, after a very short consultation, returned
a verdict of Guilty.
The humane Judge, labouring under a strong sen-
sation, proceeded to declare the sentence of tht. law:
—" homas Gilroy, I feel," said his Lordship, " in
your case a consolation which few .ludges experience,
and which I have never before felt. Ibis arises from
the persuasion that I am to pronounce sentence upon
a sincere penitent. Under this impression, I shall
not precede the awful duty that devolves upon me
by any other observation, than that I entertain an
ardent hope and an humble confidence that your con-
trition and penitence will be acceptable before your
Atationrx and ALL-MERCIFUL JUDGE."
This.day was then appointed for his execution at
Citstlebar, and he has already passed into eternity in
the same state of mind which he evinced upon his
TIPPERARY ASSIZES.
John Condon, John Murray, John Scrugham, and
Richard Parks, were indicted for the murder of
Daniel Ryan, at Ballinlinty, near Tipperary, on the
13th of September last.
For the prosecution, John Brien swore, that he was
by when Daniel Ryan was shot ; a number of them
had been making hay (among whom was William
Ryan.) The shot was tired by Murray, and the de-
ceased had not given him any previous provocation
whatever. Brien, and those with him had been hay-
making in the meadow next adjoining that into which
the Peelers had come. He knows the prisoners. After
the shot, Parks and the Peelers took the forks and
rakes from the hay-makers, who were all about Ryan
when he was shot. He said, that he never swore that
Parks said the deceased was going to murder him.
That it was not Parks who struck Daniel Ryan, and
that he never saw Curran do any thing.
William Ryan, the brother of the deceased, swore,
that while he and others were at work saving hay at
Ballinlinty, Parks went to the ground—desired him
to stand, and presented a pistol at him. Some of the
people came up, and while he was engaged with
Parks, Murray shot Daniel Ryan. He said that he
never had told any one that Parks was the person who
shot Ryan. He admitted that on the day before the
counts constables, who had gone to the same neigh-
bourhood to execute a warrant, were beaten severely,
and two of them left for dead, within four fields of
the place where Ryan was killed. He heard the
constable call to him to stop, and did not make any
resistance. This man was in jail for the rescue.
John Meaney, one of the extraordinary police,
swore, that he was one of the party with Murray and
Parks ; that they went to execute a warrant against
some persons for rescue committed the day before,
and they had a warrant for that purpose. He did
did not see Ryan shot, but saw him-when dead. He
saw William Ryan there in a very outrageous man-
ner, wanting to fight ; and when he saw Parks, Win.
Ryan bade them to take that ruffian (Parks) out of
his sight, for that it was he killed his brother ; the
first time Meaney saw Parks on the ground, he was
cut and bleeding at the nose and mouth and one of his
fingers cut, as if struggling to keep his pistol ; and
he saw William Ryan attempting to wrest the pistol
out of his hand.
James Millar, chief constable of the extraordinary
police, swore, that on the day in question he was on
the road at some distance, near a quarter of a mile
from where his men were, at that time he saw Wm.
Ryan running in his shirt—that one of his men,
whom he at a distance could not identify, came up
with Ryan, and they struggled. A great number
of persons, to the amount of forty or fifty, then came
up towards his party, armed with pitchforks, clubs,
and rakes, in all directions; the men were struggling
five minutes. He heard the first shot fired by Parks,
and Ryan said, it was Parks that killed his brother.
He made off directly towards the place, but was
forced to arrive at it by a circuit which made the
length nearly half a mile, and before he reached it
the second shot had been fired, and Daniel Ryan
killed. The people were very furious, and he called
his men and took them off as quickly as possible.
The persons against whom the informations had
been sworn for the previous rescue being unknown,
a man who could identify them was taken with the
police constables for that • purpose. William Byari
ism. a: :nee with a pitchfork; the appearance of

the party wai Id risttie
Parks' prisoner.
Millar gave these men an excellent character,
sober peaceable conduct, during the existene
establishment.
The Leal:ilea Junot charged the Jury;
wonted humanity and judgment, and after
Spent in deliberation, they returned with a
()Linty against Murray and Parks, For .
conviction (Parks's), his' Izirdship could not
that there was the slightest foundation, and '
sent hack the Jury to reconsider it. But
sisted, and found Mit these men Guilty—acqt
the two others.
Judge DA T immediately pronounced sent
ordered Murray for crecnrion on Friday,
tinctly told Parks that he felt it world be
to represent his cage to G3vernment—and
allowed time for the interposition of merc•
And the Grand Jury lavinj3 presented to
ship a very strong memmial on behalf of M,
has been respited to give time for trying tht
that application.

The trial of Hussey was appointed last
commence this norning,, at nine o'clock
The witnesses received Lest evening notice

At Knutsford Sessiens, J. II lx47r. a weal
Manchester, was convicted of picking the
J. Mace, and sectsinced to six mondis imprit
and to be once whipped. The depl'aved yow
ever, on hearing his punishment, with an
dared, that he would have preferred being
transported ; and stooping down in his box,
off his shoe, which bad an Iron heel, and.hu'
the Chairman, Sir J. T. STANLET : he f(
missed his aim, the shoe passing between
man and T. TRAFFORD, E.g. who sat on
SirJoicg, after a short consultation amongst
ther Justices, made the folk sing alteration
sentence: —" That he should be taken out
and whipped instantly, under the windoi
Sessions House ; to be confio.ad two years,
ing the time, to be whippid once is ea.
towns of Middlewich and Smckport."—Tho
part of the sentence was immediately c?
execution.
The Sacket's Harbour Gazette cf t!se 13th
tions, that on the preceding Saturday, .Jai
and Malaki P. Varian, corporals in the 2d
United States Infantry at Madison Ilarracl
to fight each oiler with muskets. In the
with their muskets loaded, and accompani
serjeants, John Loper, and Francis Powlo
walked side by side, apparently in good
the bank of the lake adjoining the harm
turned back to back, marched five or six
and at the word ready' wheeled, and
charged his piece, loaded with powder and
contents of which passed through the heart
who fell and instantly expired.' "The the.
implicated, (adds the Gazette), were immediate'
rested. and' committed to jail, to await the'
We, highly approve of the plan Blsii
giving the names of the places where the
sells are sent to ; we observe ke notices
places last Lottery which had large Capi
the preceding Lottery nearly as many hi
Prizes of him, and Lottery before that he
.G 20.0(). Prize, and gave similac,ascount
it is in our recollection, that there is hart
of any note but what has had Capitals of
late Lotteries—Though BLitt gives the n:
places, he never menuons the names of tht.
purchasers.
It is a maxim In Trade that where Purchasers
been well used they will go again. The r
doubt, well remember that MARTIN and
hill; and 120, Oxford-street, Sold in Two
No. 12,086, the last Prize entitled to 4. Pi;
The present Lottery, which begins NEX'
contains a similar inducement, with ‘,
£30,000, but M. and Co. have sold a fat
than even these. The Matchless 01.0,000
Sold by them thousands remember, and
£20,000, £lO,OOO, &c. Prizes, has deservL
their name amongst the highest distributors
tune's Favours.
The name of the Right Hon. Sir 'Wu..

was accidentally omitted in the list of ,
sioners for Building New Churches.
Saturday se'nnight a wolf entered the
Caillau, near St. Loubes, in France, a
could be killed it dangerously wounded
A girl named Boulard, in the Comm
sanne (Drome), who had been bitten 1,7'
was taken ill on the 2d instant, the
after the accident, with hydrophobia,
three days.
Not less than 1,077 par-.enders arri‘
from Dover between she 6th and the 21
The returns during the same period were
A Vienna article in the French Paper
one of the first merchants of Presburg
3,000,000 currency.
From Stockholm, the 10th instant, it
that for a fortnight preceding there-had
and the heat had been almost insupportable.
Tun Famtsiszn AHAB.— An Arab,
the desarti had not eat for two days,
self on the point of perishing for hunger,
near one of those- wells where the cans,
water their camels, he saw on the sand
them bag. He toak it up ; he felt
praised, said he, 1 believe it is dates or ,
rof this delightful expectation, he hastened
bag ; but at the sight of its contents,
he, in a sorrowful accent) it is nothing
CORN-MARKET, MARK-LANE,
The arrivals of Wheat and Oats from
week have been very considerable, and
were accordingly heavy to-day, althouy
lower terms than on Monday by 2s.
In Barley there is but little doing, and
minal,—White Peas are 4s. per qr. lower.
veral samples of new at Market.—P
Monday's prices, but arc not brisk in
SMITHFIELD MARKFT, Jrl
To sink theoffat—per stone a.
-Beef ..... &I to 45 R 4 I Veal
Mutton .. ..4s Od to 5s Ott I I'..rk
Lamb - as. Od. to es (
Beasts 640—Calves Vey..-Sbeep nail
• MAY A Nis STRAW PER LO,
Hay £6 to £8 ns I Straw /'
Clever S to Si Homo ...

I.
t.
. .
. •
iriii. WI i '.
34.
rider, rof t
?•• -* •i
!nee of OA
, .
. .
~
~
i.; with his I ''' . .
some time,
,verdict of s
he latter
tot concur 1
d therefore
1. s ti 1
they per-
sacquitting ,
. .
11
ritence, and
r, but, dis- s
his duty , ,
I therefo: e i • ' I
cy to him. ' i t
his Lord-
, 1
klurray, hi 1 i .
he effect of 1
it I I •
it night to
i
c precisely: .:1 t 1 ~ ':
►,
e to attend.
!aver, from I 1
e pocket of ; , •1
nisonmenti
'outh,
how- i
,n oath de- lt '
‘ ;
ng hung or . ,i.
lox, pulled
i 1
hutlei it at
fortunateLy 1
s the Chair- 'ri '',ii t
1 his left.—
gst his 13;-o- 4.1
Lion in the ‘ t
it of Court,
Avs of the
1, and dm--
;ach of the
The former
carried intd
Ith ult. 'lien-
raine3 Hang
d Regiment
seks, agreed !! I:
aftecrsem
nied by two 1
ley, " they s
; •
humour, to
racks; then ...
paces each,
t Many drs-
nd ball; the ,
,I
rt of Varian,
Free person! ' 1
lediately ar- 4 !
le'r trial.
i adopts, of
' Capitals he ii
n nearly 30 il ;
)italt, and in 41 1
had £30.000 t
e sold 'Three ‘1 , ,
int.-rln fact,
trelly a place , l, 0
f him in the .
names of the
il ' l'
the fortunate
. .
rchasers have
he Public, no
~, .
I Co. 8, Corn- . • ;i:
welve F.s.'.fares ; J
'ipes of Wine,
XT T I.' c'eo Av, i . ' l
' Priies of
arger Capital I.; lills
0 Sharedand ''' EA.
I their List of
ry
edly ranked i
,utors of For,
[IMAM SCOTT
' the Commit' t
the village of '
and before it
4 six pet sons, s
mune of gar.; ti
py a mad wolf, 4 i
sixty-first day
t, and died in r
I •
lee!' at Calais j' 1 a
+.;
21st instant.—i
•ere C 55. ; ‘;
f 4
ers states, that ..
had failed for
it is mentioned, t
id been no rain,
ortable.
b, wandered itt . I i
, and saw him., 1 , i
;er. In passing , ,
aravans stop to
id a small lea- s
t it—" Alla be 1 1;.
• or nuts." Full t I
'fled to open the '4' 1
s, ~ Alas (cried :t„ 1.1
g but pearls."
JULY 31. ' lit ' 1
•om abroad this. 4
d sales of each
3gh tendered on
per quarter.—
d prices are no-
wer,
having se-
-1
-Beans support I
sale. I i
TLY si,
Ills. it
at Od to ss 64
44 Oil to Si. 64
ed.
s 6
,B'o—rise V.
DAD.
si Os to .e 2 ISs
. Os 006 to Os
•
4( • ''''')
4 l',/ *,
v. -