Star.
London, England, 1817-10-31 00:00:00

,L4W IMLLIGENCA

COURT OF ICING'S BENCH. OCTOBER 36.
HOLLAND AND co si
WS WAS an Acvill of swim •it to Ironer froni
the defendant 4 C mtsibution of f 4436. lit. 4.4. being
the amount of a third share o a vessel called the
Amelia, iu which he and the plaintiff. were joiritly
interested. At t trial Lo.fote Mr. J..stice lIALLAst
at the last Li nt Astizes for the c limy of &arty, it
verdict Wdi t keli for the plaintiff for tie iihrnaves
in the declaration, subject to the opinion of the Court
AS to bib flgill f.:0•11,4:1 IU VIM of 11W.
Th.• taw, .4iit:iteJ at toe trial, ;n affect
nis —The were oterchauts, and au 'goo.
oent was astere. into ht teeen them and the deter'•
'ant, whereby they Wl:tt: to purchase A v,ssel
he Amelia, in which the plaintiffs erre to Live Its
shares, and the defendan• one. lo was eif
the vessel was to fe. treighled with 2 mall f
,411, to be shipped for the loon of (bond, IA !WI e that
part of the cat go and the vessel were to fr. b. I.', hot
beside this commodity she was to take nut a lar..e
quantity of arms 211:1 other warlike stores, to hi: a!e-
stihed for the service of the hostile operations in
South America ; the ship, however, tool-ail of -pro..
ceeding to Buenos Ayres, was to ts• met s sea, in
given latitude., by anothet vessel call• d the Richmond
(also the propeity rot the pat tie.), t hits w •s to take
the warlike stores un boats!, and carry ,bent tio their
proposed destination. A lieeose olstained
for the exportsition of the salt to ()Ave.!, .t in con-
aequeoce of an Older in Council, wh:cti had then
two months to remato in operation, pro 'biting e
exportation of warlike stoics, a license cools, not he
obtained to cover the ether part of the c typo, and
therefore the expedient of sending out the salt scat
resorted to, for the purpose of coveniso the illegal
p.m of the speculation. To- Itivoteiv•l and her
cargo were also to be 'sold at 13 enios Ayres, and the
profits of the whole adveiii tate were to by. div Jed ;lc-
cording to the respective pot tins in which eat h party
was interested. After lists Agreement WAS toted,
it WAS thought, upon consiferation, aJvis..ble to give
up that pall of the specolition which related to the
exportation of warliee stores ; and, therefore, the
Amelia was laden eschiiv.-ly with salt for the port
of Ostend. The amount of the defend tla'S share in
the ship had been paid in bills drawn by the plain-
tiffs, and accepted by the defendant's partner. When
these bills became due, they were dishonoured, and
the plaintiff was obliged to cake them up, and com-
mence the present action. 'f he defence set up at the
trial was, that, inasmuch as the original agreem nt
was illegal, in respect of the exportation of warlike
stores %about license, it vitiated and rendered null
and void that part which had reference to the expos
ration of salt under a regular license. When the
objection was taken. the Learned Judge listened to it
with much reluctance, commenting with some seve.
rity on the conduct of the defendant, in taking ad-
vasitaize of an ohjeeti:m to an agreement, to which he
himself was a party, 2nd took an equal pit with the
plaintiffs in its illegality ; but, at ch.• same time. his
Lordship WAS of opinion, in point of law, that, asps
agreement was originally framed for the accomplish-
ment of an illegal object, it i.ould not set effective
that part of it • hich was legal, although the illegal
intention was abandoned before ewcution. But, re•
fcrving the point los further consideration, the Jury,
under his Lordship's dirt ction, found a verdict for
the plaintiffs, *WI liberty to the defendant to move
to enter 2 nonsuit.

In E Liter Term- a Rule Niri was accordingly ob-
taii:ed for this purpose; and now
Mr. GURNEY showed cause ageing the rule, con-
tending, with much force and ingenuity, that the
Legal part of the agreement was operative, inasmuch
as the original intention of exporting warlike stores
we% abAndimed. liut

The C.)nrt w.-re unanimously of opinion, that the
ohjeclon at the trial WAS well taken, and I herelore
made the Rule absolute.

CARTNITCH W. oturvirns.

This was an action b•suci for 6100, and was
tried before Mr. Justice BURRULGH, at the Croydon
Assizes. The pica of the lktiendsut was. that his
hor,d was not his deed. The b-nti, it appeared, um
given by the dekndant to a person of the name of
Parley, who WAS. at the time, treasurer of a Benet t
Society, called The N•sr:h Britons. In this office
Farley was succeeded by the present PI ientiff, and in
his character of treasurer he broug!.t this action...:.
The declaration alleged, that the resent defendant
acknowle.4ted himself to be firmly bound, in the sum
of one hundred pounds. to one William Foley, hi'
then being treasurer of the Society of North Bruns
—and the action was brought on (fit :134 of the
King, ch. 54, see. S. The bind itself only awed,
that the defendant acknowledged Liaised baunsit to
one W. 1114111 Fat ley, simply, without aJdiug as Trea-
surer of the Society. At the trial, the Learned
Judge expressed a doubt whether this vari inee be..
tweet the instrument is ie.', the deciar.itom, must
niit prove fatal to the plaintiff—ind, ti at doubt,
a nonsuit WAS entered, with liberty to move for e
r.cw trial.

Mr. Jaavts, in support of Cm ale for a new trial,
subtnittei that prone of the l'iain,df being Treasurer
of the Society might have been receive,' in evidence,
and til.t such ev.dence was tendered ac the trial.

ELLEN BOROUGH, and the fist of the Judrr,
bell th.tt it was only necessary to sliew, by evidence.
that the b.,nd wis the property of the Society, and
the Tre.isora for tt.e time being was, under the
piovisions or Ow :WA a the King, chap. 51., sections
ti and 1 t, entitled to sue.

Toe Count. therefore ordered, that the Rule \7:j
fur a new tri..l, shoal.! 're nude absolute.

Isttatoan.—Sumity everting the kith inst. a most
horrid murder was COMMitithi ou the body of J. 41.1
kins, a youth of about 13 years of servall cf
Mr. John Cutts, of N kehans. Coe bldy was
found lyiog•in a ditch, by the side of the tutopik*.
road leading from Lincoln to New irk, in the piri:ll
.:111nrtli Hy keham, with a fracture do the lett tem-
ple, and severe bruises on the Lead and various part*
(f the body, supposed to have beeo inflicted with u
stick, or sume similar ueapon. The deceased left his
master's house about halt past three on Suuday•afrcr-
nonn, with a horse, which lie took to tln close in a
halter. The lure wav,piit into tl:e close, aziJ the gate
' fastened, but the halter his not been found, A to.
bacco box, which .vas lying near the body, is sup..
posed to have belonged to tr:e mirderer, and i. letf
in the hands of the coustablv of ?forth iilkeuns,

lock her in i but when she found that she was gokg.
to be locked in. she resisted, and went hastily to the,
door, sad pulled at it with both her hands. They
prisoner endeavoured to pull the door from her, and
with a knife that he had in his hand when she enter-
ed the room, he cut both her hands across near the
wrists, in order to make her let go the door.—(Wit-
ness here shrived her wounds on her hands to the
Court).—The cuts were deep, and were across both
hands. She was about a fortnight under the care of
a surgeon. Having received these cuts, she then
,passed the prisoner, and went nut of the room. She
proceeded to the drawing -room window, threw the
sash up, and screamed " Murder ;" crying " There
is a fellow in the house who will murder me." A
Gentleman then came in of the name of Holliday,
and a Mr. Bloyer followed afterwards. Mr. Holli-
day secured the prisoner. The prisoner, she swore
positively, purposely cut her hands in order to make
her let, go her hold, and it was not by accident.
Cross-examined by the prisoner.—Saw his back
first, and when she accosted him, he stood facing her.
Mr. Holliday. a Clerk in one of his Majesty's
offices, deposed, that a little before one o'clock of the
Sunday, as he was passing:Mr-lamb's house, and when
opposite the street door. he suddenly heard a window
open, and a female voice calling out 4. Murder, there
is a villain in the house I" Oa hearing the cry, he,
in company with his friend, endeavoured to force the
street door, but could not get it open. He then got
over an iron grating, broke a pane of glass, pulled
r back a fastening, pushed t.p a window, and entered
the room. He proceeded towards the stairs, and on
the first landing place he saw the'prisoner at the bar
without his shoes. Witness secured him, and desired
him to put on his shoes, and the prisoner called for
his hat, which he had left down stairs. He then
c irricel him to Knightsbridge Watch-house, and on
his way thither he ,voluntarily acknowledged that he
intended to rob the house. Witness asked him where
the knife was ? He said, behind the drawers, in the
dressing-room. The knife was discovered there. On
coming back to the house, he four.d the girl's hands
had been bound up by a surgeon.
Mr. Bloyer was in company with the last witness
on the day mentioned, and on passing Mr. Jacob's
house heard the cry of a female voice. He got in at
the window, and saw the prisoner on the landing-
place, without shoes or hat. He told witness that
the girl's hands had been accidentally cut in the
struggle. Witness saw bosh the hands of the maid-
servant bleeding, and observed some blood on the
Yesterday Jame, Kelly, 37, and John Thomson, 26, door, and some on the girl's apron.
were indicted for assaulting George Curtis on the George Hull, a constable of the parish of Kensing-
highway, and rot.bing him of ten al notes. The ton, took charge of the prisoner at the watcb-house.
prosecutor is a seater:lre man, arid had been for two Mr. Holliday was apes' e.lllO, and stated that
years with the prisoners in the :ante ship. On the the prisoner made uo tesistance when he was appre.
14th of October he was in comp-1y with them in hended.
Kasematy-lane, when they complained they were The prisoner bring celled upon by the Court made
badly off, on which he said, " Come along with n.e, a long defence. He confessed that he had entered
a4d l'il give you meat arid drink." They accord- the house, but did not break a lock or a paling in so
ingly went to a public-house, where he gave them doing. While lie was in the dressing-room, the fe-
some beef steaks and eight pots of porter. They male sei vent came in, and cried out, e You rogue,
went with him after this under the pretext of seeing you villain, how came yen here r"ro this he an
him !eerie, and on Cie road they kaocked him down, sewed. " If you do not desist, if lam either. I will
beat Lim, and robbed him of the money. He pro- send you jumping into anceer world." He then ea
cured a Constable, who in two hours• after found pressed a wish to go, but she changed colour, and
Thomson, on whom were. several of the notes, a prevented him from going out, by holding the edge
handkerchief and sante papers, which were the Fro- of the door in her hand. In the struggle, she had
perty of the prosecutor. On Kelly there was found her hands scratched by a pocket-knife which be hap-'
also some of the property. The description of the paned to have in his hand. Ile meant to put her to
two men given by the prosecutor was so accurate, no bodily fear. but treated her with kindness and
that the Heed-borough had no difficulty in tracing gentleness. He suffered himself to betaken into cut-
them out, and Keil) made a desperate resistance.-- tody willingly, being coriaciuus of his innocence.
The prosecutor was extremely Burt by them. Maria ITtrn being again called, persisted that the
In defence they aUedged. that he had given them prisoner wilfully cut her hands with the knife.
the money ; but of this they had no evidence, nor Mr. Justice DALLAS, in summing up the evidence
any to character. to the Jury, observed that the prisoner had been in-
The Jury were charged by Mr. Justice DALLAS, dieted under a statute passed, in the present reign,
who considered the conduct of the prisoners one of commonly called the Cutting and Maiming Act. In
the most brutal and inhuman in every point of dew. order to render the offence capital, it was necessary
He particularly commented on the circumstance of to be proved that the case was such as if death bad
their treating him so cruelly, after the humane man- ensued from the wounds inflicted, the crime of mut.-
ner its which he had relieved them, complaining to der would have been committed. And the material
him as an old friend that they were in deep distress. question to be considered, therefore, with whether the
No doubt whatever appeared to him which be could prisoner had wilfully done this act, or whether it was
possibly suggest in their favour ; and he was afraid merely the result of accident ? He commended the
the Jury must find them guilty. conduct of the female servant, who had conducted
The Jury considered the case very clear, and in- herself with a degree of courage and fidelity which
:tautly found them--Guilty, Death. did her honour, and particularly called the attention
efelaaw Edgar, 19, and Joseph Weet, 18, were in- of the Jury to the circumstance, which in his opinion
dictedier assaulting George Saunders, and robbiag was extremely strong, that the prisoner had an open
Him of if% in notes. From the prevaricating man- knife in his hand when the servant gill entered the
net in which the prosecutor detailed the case, Mr. room. For what purpose had he thus armed him-
dustice PARK stopped the prosecution, and refused self, but to defend himself against the attacks of those
Saunders his execuses. The pr'seners were of course who might interrupt, him in his plunder_? With me-
discharged. )spect to the motive which the prisoner had for enter-
friff.am Ray was indicted capitally, fie wilfully, ing the house, it bad been proved by evidence which
and maliciously cuttiais and maiming Maria Hens, he could see no reason to doubt, that his intention
with intent to dither some bodily harm. was to rob the house. He then recapitulated the evi-
. Joseph Jacobs was a gentlemen living in St. Mi. dence to the Jury, and told them, that if they had
cbael's•row, Brompton, and Maria Hens was his any reasonable doubt upon the question, to give the
maid-servant. On Sunday, the 28th of September, prisoner the full benefit of that coubt.
be left his house at about a quarter before eleven The Jury, having considered for a few minutes—
o'cleck, to go to church. and on his return he found The Learned Junta, (at the suggestion of Mr.
Iris female servant with both hands cut, and some Marsham, a Barrister,) remarked, that the circom•
blood about the house. A surgeon in The neighbour. stance of the prisoner having an open knife in his
hood was sent for, and attended her for a fortnight. hand might be accou ited for in some degree under
The wounds were ion dangerous, but they were deep, the supposition that he had opened i for the purpose
particularly upon one hand. Witness left his house of ripping the trunk open to get at the property con.
ja charge of his maid-servant. tamed in it. This remark had molt occurred to hilll
Maria Hern was next called, and proved, that on before, and be expressed his obligation for die sug-
the 88th of September last she lived in the service of gestion.
the last witness, and remembered his going with his After having retired for about a quarter of en
family to church on that day. She was left alone in Goer, the Jury found a verdict—Guilty.
charge of the house. While the family were absent, ' The prosecutor recommended the prisoner to mercy,
and she was in the second floor bed.roum, she heard as he had no implements of house-breaking about 1
a noise, which seemed to proceed from the lower him, and it might reasonably, be supposed that he
part of the house. She went down in consequence was not an old offender.
towards her master's dressing-rootn, which was on The prisoner was extremely attentive dun ug the
tile one pair of stag. On entering the room, she whole of the trial ; and when the verdict of the Jury
saw she primmer stooping et her master's Forman. was announced, his countenance did not alter, but he
teau. She started back, screamed out, and then seemed to expect his fate. He was dressed in black,
went up to him, fitting, it You villain, how came his age was thirty-six, and his features were rather
you here, how came you in the house ?" The pi- hard and rugged.
usenet:4)d still for a minute or two and said nothing. The following were capitally convicted :
He then took bold of her arms; witness screamed Tborruss WelcAl for smelting Elisabeth Green ors Me bles.
out el Murder," and cried out, " Spare my life, waleobeaardatenkingy, for bus' person aww:e•
awls
N
spare my life, what is it you want ?" The prisonq and "kin from, his m.o. aim ...h.
said, It By Gon, If you make any more alarm I will Georp Keoolwell, for stealing a ASO Bank-Dote, sad other
kill you ;" he added, 4. If you will stop in that room ' shonhasolnitheaa Casilasie MI dwellingeenue.
(pointing to the dressing-moth). I will spue your Williams, fiaewall, aged twenty, was indicted for
Ile ei but be said, with an oath, 't If you move, I stealing a 410 bank note, the property of Joseph
.will kill you." Witness said she would submit to fAndrews,in his dwelling house.
stop in that room if he would ware Isere life. The Tile prosecutor is a silver polisher by trade, and
framer west out of the nob and catleavoired tog the prisoohr his apprentice.. Oa the Bth of Qfrtober

MARGARET M,FARLANE.*

MARGARET ! thy name VU swell on high
And twine it wi' the Heath-dowers gaudy;
I loe thee for thy bonny eye,
Say wilt thou tat a Highland Laddie
Aft at the foot o'Craigniore steep,
L Summer's mild and pleasant weather,
We Alva ba'e tented flocks o' sheep
And happy were we baith tbegither.
Lt years ha'e come and years ha'e past
Since first I sw thee on Trombuie;
But tang win the impression last,
Aid a' .he homage that is due thee,
The Heath Cuck wakening in the morn,
Wi' diamon.l dew-drape on ilk feather,
Appears when on his kinions borne,
The Moorland King. the God of Heather!
I've seen him on tie dark-brown heath.
And is Craigoghty heard him crying,
Beheld bins in the throes o' death,
And view'd hie eyes and plumage dying;
I've mark'd him as the death-shot flew,
When faded life and sighs befure Wm,
His jetty wing the brightelt hue,
ills se's last glance, a Cairngorum!
MARGARRT! thy ringlets (levering cling,
An'Ver thy bonny temples gather,
They're blacker than the Heath Cock wing
When May dew sits on every feather;
And then thy ee, thy bonny et,
Is like the Heath Cock's while buds deeing,
Whim shot upon the Moorland; he
The Sweetest brightest ray Is seeing !
The Lowland plains, the Saxon's pride,
Will never match our naive mountains,
And, MA 1 will the dark brows Clyde
Compare wi'limpid Highland fountains
0! leave that Vales where Pause joys smile.
Say in our Stroh ance male I'll view thee,
To rove thro' lovely Aberfoyle,
And youth's sweet haunts on high Trombnie !
Glasgow, 1817.

w. o.
• Prom a MSS. collection el Lyrical Poems, written cbittly in
the Hisblabils of Pt rthsbira

OLD BAILEY .SESSIONS.