Star.
London, England, 1827-08-29 00:00:00

ASSIZE INTELLIGENCE.

BRISTOL. Amin 27.

Lord Chief Justice Baararrived here and opened the
Commission on Saturday, and this day ptocreded to
business. Only one Judge attends on this part ni the
circuit, the criminal business being disposed of by the
Recorder and local jurisdiction. entymne causes
' ate entered, and they are chiefly-of a frivolous character.
The Assizes will, it is expected, terminate on Wednesstay.

SLANDSR-TONE, V. NEYLER.
Mr. Cnowriaa read 'the di claration, which set forth
that the defendant had used slanderous a ords of the
plaintiff, imputing to him either the commission of
a robbery in his house, or the instigation of others to
commit it ; describing plaintiff at the time by the name
of Aleph Surface, and calling him " a dangerous poi.
soneus character." Also asserting of him that he robbed
his neighbour Hilt's garden.
Mr. WILLIAMS, in stating the case, said that the
parties were neighbours, the plaintiff having rented
from the defendant one of a row of cottages which the
latter had built on the Glocester-road, near this city.
There were many actions which emanated from slight!
and frivolous causes, horn the sudden heat of angry
discussion, and ought therefore to be regarded with!
comparative indifference. There were others, however,
of a premeditated and deliberate character which de
served to be very differently treated, and this was of the,
latter description. It was not the least heinous part of!
the defendant's conduct, that the plaintiff was left for
some time unacquainted with the slander which he had
propagated. He would i.rosiuce the evidence, and leave
the case in the hands of the Jury for the assessment of

damages.
William Oakley deposed, that he knew the plaintiff
and defendant. Mr. Jones siva, a miniature painter,
and in the year 1825 occupied one of the houses built
by the defendant, on the Uloucester•road. List winter,
when witness went to engage one of these cottages from
Mr. Neyler, that gentleman cautioned him against one
of his tenants (the plaintiff), whom he represented as a
dangerous meddling character ; and at another time
(May 1826) the defendant informed him that his house
was broken open, and he believed Mr. Junes to have
been either the man who committed or instigated thel
robbery, calling him by the name of Joseph Surface.
He also said that his neighbour (Mr. Hill) had had po.
tatoes stolen from his garden, which Jones must have
taken. This communication withheld witness from

.
speaking to Mr. Jones for the space of five months.
Cross•examined by Mr. Sergeant WILDE-It was the
first five months; but they had since become acquaint.
ed, upon witness's finding that the slander was not just.
Have you not, in (act, become quite intimate with
him since?—l know him.

Are you not a reader of his poetry and prose
have read them.

Ate they not very good ?—I don't recollect.
Don't you remember one word of the poetry ?—No,
I don't. •

_
What, not of the poem of the Parson and the Tithes?
No; they were only loose detacheJ pieces.
So loose that you don't wish to remember them, is
it ?—1 don't think of such things.
In his further evidence he stated that it was in May
he told Junes what Neyler had said of him, but it was
not until after Neyler had failed to fulfil his promise
about letting him a small plot of ground. As soon as
this failure occurred, then be went to Jones to mention
how his character had been maligned, and to' form an
acquaintance with him exactly at the moment when he
(Jones) was quitting the neighbourhood.
James Wallace, an aged husbandman, after giving
some rigmarole history of his planting some trees, with
the assistance of some old Irish woman, described the
defendant's coming to him, and saying" There's Jones
who stole the man's potatoes."
Wm. Oakley, jun. corroborated the first witness's
evidence as to the use of the abusive phrases.
Wm. Giant had conversed with the defendant about
this business. The latter admitted what he had said of
Jones, but added it was not actionable, as he had only
used the name of Joseph Surface. Witness being a bet-
ter lawyer, pronounced Neyler's notion of things to be
in error, and thought the words actionable. As soon
as Neyler suspected the action was brought, he said it
was all true, and that his opinion of Jones had improved.
Mr. Stneant Wits', for the delendant, t idiculed this
trumpery action, in the pleadings of which special da-
mages were recited, inasmuch as this Mr. Jones had,
by Neyler's slander, lost for some time the acquaintance
and good opinion of his neighbour Oakley (the first wit-
ness). Now there was nothing before the Jury to enable
them to ascertain the value of Oakley's society. It was
qu to manifest that he had ne►er dreamt of apprizing
Jones of the slander, until Neyler had refused to let him
the ground near his garden; and then to tell a man
that he wanted his society, because he knew he was
leaving the neighbourhood, and hid heard he was de-
scribed as Joseph Surface, and as a thief, was the oddest
of all times and inducements for farming an acquaint-
a;-,ce. He left this ridiculous case entirely in the hands
of the Jury. _ _

The LORD CHIRP Risme, in his charge, concurred
in the ridicule which was heaped upon the attempt to
snake this a case of " special damages." It reminded
him of a man's claiming special damages once at Not-
tingham, for not being invited to a dinner party. A
verdict must here pass for the plaintiff, and it was for
the Jury to assess the amount of the damage!.
The Jury, after five minute.' consideration, found a
verdict for the plaintiff—Damages one Farthing.

AUGUST 28.
STRYINS versus PIERCZ.

These Gentlemen are rival inkeepers at Truro, the
one keeping the Red Lion, and the other Pierce's Hotel.
—The declaration stated, that defendant was a carrier
from Bristol to Truro, in which capacity two hampers
had been entrusted to his care, containing eight quarts
of turtle, which instead of delivering as per direction, he
unlawfully converted to his own use. Some one ob-
served, that justice was not likely to be rendered, unless
twelve Alder men sat as a Jury, but the Learned Gen-
tleman was fearful that that number could not be
collected—he did not see enough round him.
From the evidence it appeared, that Mr. Tring, the
landlord of the Montague Tavern, Bristol, packed the
turtle, and sent it by the 0 d Down marl coach. At
Exeter this mail ceases to tun, and the F•lmou.h mail
commences. .vir. Tring's niece wrote the address to
Mr. Stevens, and added, " Perishable gr.ods," as she
was always in the habit of doing; Mr. Stevens sent
frequently to Pierce's Hotel, where the marl stops, but
the answer always was, that no such parcel had arrived;
about a hrr tn;gnt afterwards, the book•keeper at Mr.
Prerce's found two hampers in the cellar, and one it
them had a direction on parchment attached to it, which

he took over to the Red Lion ; this parchment hid been
examined by several witnes.es, some of whom made
out the whole of" Perishable go ,ds," others could only
read oo—s; some could read the whole word Doi;
others only ion; some could read Mr. entirely, Jahn
nearly, and almo..t Sic; others missed the Sle, and
found out the ns at the end of the name.
Mr. Pterce's cook proved, that on the daytof the races
he dressed Irom 12 to XS quarts of turtle; it was for
these races that Stevens had ordered the turtle from the
Montague Tavern ; a witness more anzioiks than others,
applied a chemical process to the parchment for the
purpose of more clearly making out what was written ;
but instead of so succeeding it was quite vice versa for
every trace from that moment vanished, and the wit.
tresses could only swear that the parchment produced on
the trial, was the same size as the one of which they had
been opening. A letter Irom plaintiff to Mr. Mils
was read, in which the former desired that the latter
should be sent by the mail. This was the plaintiff's case.
Chief Justice BUT—Well, brother Wilde, how do you
answer this, they have given you something to digest.r—
-(A laugh).

Mr. Sergeant WlLDn•addressed the Jury, and said,
that a Counsel never knew all that he had to contend
against, and it was his misfortune in the present instance
to contend against an opinion that had been formed,
without hearing one word that could be brought for-
ward in the defence.

The CHIEF JU3TIOE—Any thing that I have said,
brother Wilde, was stated in the most perfect good
humour, and by no means warrants what has just !alien
front you.

.
Mr. Sergeant WILDE—Your Lordship has thought
proper to form an opinion before you have heard my
defence, and I must say—
....

The 611 LE Jurrsci—l am unwilling to press too
heavily on you, Sir, for I know the infirmity under
which you have been labouring this day or two, but if
you repeat what you have already said, I shall be obliged
to take other steps.
Mr. Sergeant WiLve—My Lord, to repeat anything
that I have already said, would be an affront to your
Lordship for which I should abhor myself.
The CHIEF Justice—Certainly, Brother Wilde, no.
thing would induce me to look over this, but for the
illness tinder which I know you are labouring.
Mr. Sergeant Mum—My Lord,
.I beg to disclaim
any advantage which you are pleased to give me on
that account.

The Cram Jusvca—Well, Sir, your behaviour has
been neither respecttul twine, nor to the situation which
you yourself hold.

Mr. Sergeant WILnZ—My Lord, the situation which
I hold makes me desirous to do my duty, and nothing
more. The Learned Sergeant then proceeded. He
should be able to shew that the book-keeper at Old
Down had entered the parcel there as directed to Mr.
Pearce; that the book-keeper at Exeter had done the
same on his way-bill ; and that when the hamper ar-
rived at Truro, owing to wet or other cause, the direc-
tion was illegible ; of course, the only mode the land-
lord could pursue in such a case, was to refer to the
way-bil, and there he found it directed to himself.—
But with respect to the law of the question, he appre-
hended that the Learned Judge would decide, that as
the hamper was not sent by any specific conveyance
pointed out by Stevens, the property was still in Mr.
Tring till delivery took place.

The Cates Joserca—l will decide nothing, Brother
Wilde: after what has passed. I shall leave every ques-
tion, however small, to the Jusy.
Mr. Sergeant WILDS then continued his address, in
the coarse of which be was interrupted by some remark
from Mr. Erskine, who conducted the plaintiff's case.
The Cates it:lama—Pray don't interrupt, Mr.
Erskine, or the Learned Sergeant will lose his temper.
At the conclusion of the Learned Sergeant's address,
a question arose as to whether there was sufficient on
the record to go to the Jury.
The CHIEr Justus requested Mr: Erskine to state
candidly whether he thought he could carry the case
on the record ; there did not appear any conversion to
use. He asked him, because be was sure the Learned
Counsel knew how to be beaten.

Mr. EasKtua—Why, my Lord, I hare had some ex-
perience—(a Laugh)—but I hai rather the case should
go on.

Mr. Sergeant WILDE then examined one witness, after
which be said, that he would rest on the points of law.
The CHIEF JUSTICE said, that he thought that he had
better reserve those points ; and in the meantime, to
satisfy the conscience of the Court, he should leave it to
the Jury to assess the damages.
Mr. ECIKINZ then replied, and said, ihat whatever
the policy of the Learned Sergeant might be in resting
his case on the point of law, the Jury must be so good
as to remember, that everything that Learned Gentle.
man had stated, must go as nothing, as he had foreborne
to call witnesses to support his statement. The Learned
Gentleman then went on to contend, that he had
completely made out his case, and he felt satisfied that
the act of sending the hampers by the mail—the only
mail which could convey a parcel from Bristol to Truro,
was a sufficient consignment of the property to Mr.
Stevens, especially as he had paid Mr. Tring for the
right quarts of turtle.
The CHIEF Justice then summed up the case, and the
Jury found a verdict for the plaintiff—Damages, 41. Bs.

A Quaker, alighting from a Bristol (U.S.) coach, on
entering the inn, called for some beer, and observing
the pint deficient in quantity, thus addressed the land-
lord :—" Pray, friend, how many butts of beer dost thou
draw in a month?" "Ten, Sir," replied Boniface,
" And thou wouldst like to draw eleven," rejoined
Ebenezer ?" " Certainly," exclaimed the smiling land-
lord. " Then I will tell thee how, friend, added the
Q raker,—Fill thy measures."
Dr. Patrick Blair, who was in the rebellion of 1745,
got himself into Newgate, and was condemned to be
hanged. In the British Museum are several of his let-
ters to S:r Hans Sloane, written in prison, soliciting his
intercession, and in one of them he write:—" If you
come towards Newgate, I hope you will favour me
with a call." Dr. Martyn, C.e Professor of B.tany at
Cambridge, supped with him in Newgate the night
previous to his expected execution. Blair hid been all
along confident that he should be reprieved. Dr. Mar-
tyn said he sat pretty quietly till the clock struck nine,
and then he got up and walked about the room; at ten
he quickened his pace ; and at twelve, no rept ieve com-
ing, he cried out—" By my troth, this is carrying the
jest too far !" The reprieve, however, came soon alter,
and in due time a pardon. Blair went afierwards and
settled at Boston, in Lincoln hire, where he practised
till his death.—Wates Memoirs.

POLICE INTELLIGENCE.
Al A NSION- HOUSIL

The Landlord of the Refreshment ltooms wtich are under those
belonging to the Gambling Warns, iu Throgniorton street, ap-
peared, yesterday, before the Lord Mayor, and requested to be
sworn to an affidavit, stating that the proprietors of Owe Room,
had no connection with the billiaid-rnoms, in which tiaa abominable
system of gambling had been carried on.
Mr. Wonler, who appealed as his legal adviser, represented the
hardship a which the deponent was subjected, in participating in
the disgrace which had fallen updo the Proprietor of dui gambling
rooms with so much force.

The LORD 3laroe, upon reading the paper, shook his bead, an&
said that he could not think of swearing suck an affidavit.
Mr. Wooler said that it was of great importance to his client that
bit eaablishment should be considered different in every respect
from that which, untortunately for him had been carried un in the
upper part of the building. The landlord of the refreshment rooms
was in no respect attached or connected with the gambling com-
pany, nor was he aware of the nature of the transactions which had
been carried on in the concern.

The Loan 3laroa said, that a man who committed a volurtary
perjury was not punishable by law. He had it upon oath that toe
gaating•roorw had been supplied with tefreahtnents from the de.
fendant's rooms. It was better for him not to stir any more in this
matter. He certainly would net allow the affidavit to be sworn.
Mr. Wooler said, that it was bard upon the proprictor of the
rooms to be prevented from offering some defence.
The LORD Mavoa repeated, that the CORDeZIOO between the
rooms had been sworn to Ipefore him, and if the deponent had any
discretion he would not stir is the affair.
Mr. Wooler then left the Jastice.resom.
GUILDHALL

Yesterday a man of decent appearance came up on a summons to
answer the complaint of the Churchwardens of Bartholomew the
Great for not providing for his wife.
The Officers stated, that the woman, who was present, and pre-
sented a very emaciated appearance, was found lying on straw in a
cellar in her husband's house, and was evidently suffering for want
of the necessaries of life.

The defendant being asked what he ►ad to say in answer to the
charge, declared that his wife had contracted such an inveterate
habit of intoxication that it was impossible for him to endure it
longer. He always allowed her a sufficiency for the support of his
family, which consisted of two fine young boys, that stood by his
side, but instead of applying the money properly, she spent it in a
most improper manner, and pawned every thing that was moveable
besides. In April lut he redeemed every thing that was in pawn,
in the hope that she might reform and behave better for the future,
►ut she had since pawned so mach that these are but a part of the
poiinbrokers duplicates.—The husband here produced a whole
handful of duplicates.
The wife being asked by the Alderman why eke disgraced her-
self in such a manner y declared that she was driven to it by her
husband's cruel treatment—he was in the habit of giving her blows
by wholesale, and sbe was obliged to Sy to a drop of liquor (or relief.
The Alderman, after admonishing .both parties, recommended
that the husband should allow his wife a separate maintenance, to
which he consented, and *as discharged.
Frederick Booth, late a guard to a mall coach, was charged with
an aggravated assault.
Mrs. Cruseilla Wolfe, of Aldersgate-street, stated that about nine
o'clock the previous evening, she was walking in Falcon-square with
her husband, when she felt a handful of mud thrown over her pelisse.
She turned round to look where it cane from, and instantly receiv-
ed another handful over her bonnet, and in her face and eyes. A
Gentleman standing by assured her several Ladies had been treated
in the same way that night by the prisoner, and she caused him to
be secured.

The prisoner said he was extremely drunk at the time, and be did
not recollect anything about it.-
Mr. Alderman Amos warmly expressed his indignation at the
mischievous ungallant feeling the prisoner had shewn, and said be
would endeavour to impress this freak and its consequences upon
his memory. In the lint place, he should pay a fine of Ss. far being
drunk, and Is. for his discharge, and then to make compensation
for whatever injury be had committed. How much will it cost to
clean the bonnet? inquired the Magistrate.—Twelve shillings, re-
plied the Lady.
And how much the pelisse?—Mrs. Wolfe said it would cost a
great deal more, for that, she believed, was totally spoiled; but as
the prisoner was a labouring man, she would not expect him to
pay anything for that article.
Mr. Alderman Ammar said the fellow deserved no, pity, but per-
haps the payment of I Ss. would be a sunk: lent lessen to him.
Tba prisoner Was removed from the bar, end mat to seem Masks
to raise the money.
BOW-STREET.

Yesterday the office was crowded at an early hour, in the expecta-
tion that the Cacique of Poyais. Sir Gregor M'Gregor, would be
in attendance with his bail, in poravance of the notice which he had
given on the preceding day. Soon after eleven o'clock Mr. Adol-
plum appeared on his behalf, and took his seat on the bench. Mr.
Alley soon afterwards appeared es behalf of Lieutenant Spong, and
a conversation took place between the Magistrates and Counsel, as
to the amount of the ball which had been required.
The Counsel had been in attendance about an hour, when Mr.
Auxy observed, that he had been instructed to attend at eleven,
and it was past twelve, he hoped the Magistrates would allow the
bail to be called.

Mr. ADOLF/lIIS said, that he appeared there in accordance with
his instructions (here the learned Gentleman pointed to a paper
which he held in his hand) and he had no faith beyond it ; but the
bail might appear in a short time.

-
The Magistrates proceeded with other business for more than
half an hour, when Mr. Alley expressed his wish to go, as it did
not appear probable the bail would come forward.
Mr. HALL, directed the bail to be again called, but no one
answered.

?dr. Amer said, that as the sureties did not appear, his client
would, as a matter of course, receive fresh notice before bail was
put in at this Office.
Sir R. Pima said, that notice mast be given to the Solicitor of
Lieut. Spong, before bail could be received.
Mr. ADOLPHUS said, that bail might be put in before a Judge.
A desultory conversation took place, and the parties lett the
Office, and Sr Gregor M' Gregor was sent back to Tothill-fields
Prison.